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.

Business Coaching Scheme Sunk by Deceptive Marketing

September 13, 2018  On January 29, 2018, the Federal Trade Commission (“FTC”) filed a complaint against Digital Altitude LLC, et al. (“Digital Altitude”), for misrepresentations regarding potential earnings and the goods and services it provided. Earlier this month, one of the defendants, Sean Brown, agreed to settle with the FTC. On its face, the business […]

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SEC Settles Lawsuits Against Nevada Sports Betting Funds

September 12, 2018 The Securities and Exchange Commission (“SEC”) recently settled two lawsuits against sports betting funds which the agency accused of violating the Securities Act.  The settlement culminates a nearly two-year investigation, and the first known prosecution of a sports betting fund since Nevada legalized such pooled wagering. What were the nature of the

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Who “Asked” for a Trademark Dispute?

September 11, 2018 Two weeks ago, the Trademark Trial and Appeal Board (“TTAB”) denied a petition for cancellation in a trademark dispute involving the company formerly known as Ask Jeeves, refusing to cancel the trademark application of a smaller company that applied to register “ASKBOT” with the United States Patent and Trademark Office (“USPTO”). The

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TCPA Healthcare Companies Seek Ruling on Joint Petition Filed in 2016

August 31, 2018  Last week, a group of healthcare companies sent a letter to the Federal Communications Commission (“FCC”) seeking clarification regarding how healthcare communications are treated under the Telephone Consumer Protection Act (“TCPA”). Specifically, the letter urged the FCC to rule on a joint petition filed on July 28, 2016, by the American Association

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Federal Sports Gambling Legislation on the Way?

August 29, 2018 Last week, Utah Senator Orrin Hatch gave a speech from the Senate floor lamenting the lack of congressional debate over sports gambling in the months following the Supreme Court’s decision to strike down the Professional and Amateur Sports Protection Act (“PASPA”).  Hatch, an original PASPA co-sponsor, touched upon both the risks he

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Second Update on California’s Email Marketing Bill AB-2546

August 28, 2018 We have promised to provide updates on proposed California State legislation that would implement more restrictive advertising regulations applicable to email marketing that is sent either from California or to California resident email addresses. What is the current status of the email marketing legislation?

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