David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

NACB Releases National Standards for Cannabis Advertising

Blog, Internet Law, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law /

December 13, 2018  The National Association of Cannabis Businesses (“NACB”) has released its national standards for cannabis advertising. The NACB is a self-regulating organization, built to “demonstrate its commitment to operating at high levels of ethics and responsibility.” The NACB believes that greater cannabis industry transparency and self -regulation will build trust and may head […]

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CBD Oil Marketing Today

Journal /

December 11, 2018  On February 7, 2014, President Obama signed the 2014 Farm Bill (the “Bill”) into law. The Bill would prove to drastically accelerate the growth of the cannabidiol (“CBD”) oil market. In particular, the Bill included a provision that allowed farmers to grow “hemp” through permits provided by institutions of higher learning or

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“Nobetes” Tablet FTC Investigation Ends in Settlement

Journal /

December 7, 2018 The Federal Trade Commission (“FTC”) is a bipartisan federal agency charged with protecting consumers and promoting competition. The FTC seeks to protect consumers by enforcing laws preventing unfair, deceptive or fraudulent practices in the marketplace. It does so by conducting investigations and suing companies for alleged marketing violations. After an FTC investigation,

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Influencer Marketing?  Beware: The SEC May Knock the Coin Out of You

Journal /

December 6, 2018  Last Thursday, the Securities and Exchange Commission (“SEC”) announced that it had settled influencer marketing charges brought against professional boxer, Floyd Mayweather Jr. (“Mayweather”), and music producer, DJ Khaled (“Khaled”), for “unlawfully touting” cryptocurrency deals involving initial coin offerings (“ICOs”). The charges against Mayweather and Khaled represent the first two cases brought

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2018 Farm Bill to Make CBD Oil Legal Under Federal Law

Blog, Journal, Telemarketing Law, Trademark & Copyright Law /

December 3, 2018 On November 29, 2018, the House and Senate Agriculture Committee announced that they have reached an agreement in principle on the Agriculture Improvement Act of 2018 (commonly known as the “Farm Bill”). The previous rendition of the Farm Bill expired on October 1, 2018. The Agriculture Committee has been working hard to

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New GDPR Guidelines Released!!

Blog, Data & Privacy Law, Journal /

November 28, 2018 On November 23, 2018, the European Data Protection Board (EDPB) adopted new draft guidelines intended to provide clarity with respect to the territorial scope of the Europe Union’s General Data Protection Regulation (GDPR). The highly-anticipated GDPR guidelines provide needed clarification on several key issues, including how the GDPR will be applied to

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TCPA Law – FCC Eliminates Opt-Out Notice Requirement for Solicited Faxes

Journal /

November 21, 2018  On November 14, 2018, the Federal Communications Commission (“FCC”) issued an order (“2018 Order”) formally eliminating the requirement that opt-out notices must be included on faxes sent with the recipients’ prior consent pursuant to the Telephone Consumer Protection Act (“TCPA”). The FCC’s new TCPA law guidance appears to be in direct response

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Mosquito Repellent Marketers Allegedly Violated Product Endorsement Law, Enter into Consent Decree

Journal /

November 16, 2018 Creaxion Corporation, Inside Publications, LLC and their respective principals (“Respondents”) have entered into a consent decree with the Federal Trade Commission (“FTC”), settling accusations of false and misleading endorsement claims, failure to disclose material connections with endorsers and deceptively formatted advertising.  The FTC alleges that the Respondents violated the FTC Product Endorsement

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