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.

Website Accessibility Lawsuit Calls Foul on the Miami Heat

August 2, 2018  A Florida man has brought a class action lawsuit against the Miami Heat Limited Partnership (“Miami Heat”) for violating Title III of the Americans with Disabilities Act (“ADA”). Andres Gomez, the Plaintiff named in the website accessibility lawsuit against the Miami Heat, is alleging that, as a blind man, the Miami Heat’s […]

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Does the California Consumer Privacy Act Apply to Your Business?

August 1, 2018  On June 28, 2018, California passed the California Consumer Privacy Act (“CCPA”), which will go into effect on January 1, 2020. Previously, we discussed how the CCPA will regulate how businesses should handle consumers’ personal data. However, before businesses prepare for CCPA compliance, they should first determine whether the CCPA even applies

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Group of 14 Senators Seek Consumer-Friendly TCPA Law Protections in Letter to FCC

July 31, 2018  Last month, a group of 14 United States Senators from the Democratic Party sent a letter (the “Letter”) to the Federal Communications Commission (“FCC”) in response to two (2) FCC Public Notices seeking comments on a proposed rulemaking concerning certain provisions of the Telephone Consumer Protection Act (“TCPA”). The Letter urges the

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Motion to Transfer Venue in Sweepstakes Law Action Granted

July 30, 2018  Last month, a federal district court in the State of New Jersey granted a motion to transfer venue filed by Raymour & Flanigan (“Raymour”), pursuant to a forum-selection clause contained in its Sweepstakes Official Rules (“Sweepstakes Agreement”). Evelyn Manopla, the Plaintiff named in the sweepstakes law class action against Raymour, argued that

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Trademark Law Hits the Gridiron

July 20, 2018  Texas A&M University (“A&M”) recently challenged the trademark application of Washington Soap Company (“Applicant”), which was seeking registration of 12TH MAN HANDS for “handmade loofah soap bar or puck.” A&M contested the application on likelihood of confusion grounds under Section 2(d) of the Trademark Act and dilution by blurring under Section 43(c)

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Aventura Dance Cruise Accused of Violating Text Messaging Law

July 19, 2018 A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against one of the world’s premier Latin dance cruises, Aventura Dance Cruise.  The lawsuit claims that Aventura Dance Cruise’s text message advertising campaign was conducted

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California Enacts Strict Consumer Privacy Law

July 9, 2018 On June 28, 2018, California Governor, Jerry Brown, approved Assembly Bill 375 (the “Law”). The intention of the consumer privacy Law is to provide businesses with a blueprint on how to handle consumers’ personal data. The framework of the Law is similar to Europe’s new General Data Protection Regulation (“GDPR”). For businesses

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Second Circuit Follows D.C. Circuit’s Reasoning in Vacating FCC’s Interpretation of an Autodialer

July 5, 2018 On June 29, 2018, the United States Court of Appeals for the Second Circuit issued a decision following the reasoning of the D.C. Circuit Court of Appeals’ recent decision rejecting, as unclear, the interpretation of the definition of an automatic telephone dialing system (“ATDS” or “autodialer”) that had been employed by the

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