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.

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E-Mail Wiretap Case Dismissed

A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No. 2:23-cv-04891 (E.D. Pa. Jul. 17, 2024), Plaintiff alleged that Defendant employed “spy pixels,” which, among other things, allegedly recorded where and when consumers […]

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Major Updates to Google Gaming Advertising Regulations Take Effect Today!

As of today, July 15, 2024, Google gaming regulations contain significant revisions. The Google Ads policy for daily fantasy sports (“DFS”) operators now enable them to run advertisements in many markets across the United States, subject to certain requirements. As our readers are aware, real money DFS contests have existed for quite some time. Dating

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Chevron Deference Overruled! FCC to Curb TCPA Rulemaking?

As our readers are by now aware, on June 28, 2024, the Supreme Court of the United States overturned a legal precedent known as “Chevron deference” by a 6-3 vote. The Court’s opinion in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al. (“Loper Bright”) has major implications for Telephone Consumer Protection

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Back to the Future – CIPA Wiretap Case Survives Dismissal

Readers of this blog are familiar with the California Invasion of Privacy Act (“CIPA”), and the systematic transformation of CIPA wiretapping cases since their inception. Applying CIPA, a Washington State federal court recently denied a motion to dismiss a putative class action alleging that defendant violated CIPA by wiretapping plaintiff’s conversations with a third-party. Below,

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Buy Me Some Peanuts, Cracker Jack, and a TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his Telephone Consumer Protection Act (“TCPA”) lawsuit, Plaintiff alleged that he continued to receive promotional text messages

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