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.

FTC Files Lawsuit for Widespread Telemarketing Law Violations

June 11, 2018 The Federal Trade Commission (“FTC”) recently filed a lawsuit in connection with violations of federal telemarketing law and related conduct that allegedly began as early as 2001.  The FTC sued an enterprise of entities and their owners, which it claims are recidivist violators of federal telemarketing laws, having been subpoenaed, investigated, and

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Website ADA Lawsuit Ruling Denies Telephone Auxiliary Aid Defense, but Limits Damages

June 7, 2018  On May 21, 2018, a California state court granted summary judgment to plaintiff Cheryl Thurston (“Plaintiff”) in a website accessibility lawsuit brought under California’s Unruh Act, which provides that a violation of Title III of the Americans with Disabilities Act (“ADA”) is also a violation of the Unruh Act. Plaintiff, a resident

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

June 6, 2018 We recently blogged about proposed California State legislation that would provide stricter requirements applicable to commercial email advertisements that are sent either from California or to a California resident’s email address. What is the current status of the email marketing legislation? By a vote of 45 to 29, Bill 2546 (the “Bill”)

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New York Moving Fast to Legalize Sports Gambling

June 4, 2018 Following the recent landmark Supreme Court decision striking down the Professional and Amateur Sports Protection Act (“PASPA”), New York State Assemblyman Gary Pretlow said that he expects to introduce a bill before the Assembly this week that would legalize sports gambling in the State.  In order for the bill to become law,

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GDPR Data and the Right to be Forgotten

May 31, 2018  On May 25, 2018, Europe’s General Data Protection Regulation (“GDPR”) went into effect with the aim of standardizing data protection laws for businesses that, among other things, collect, retain and/or use the personal data of European Union (“EU”) residents. Businesses across the world are trying to determine what impact the GDPR data

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Trademark Office Actions 101

May 30, 2018  Before filing a trademark/service mark (the “mark”) application with the United States Patent and Trademark Office (“USPTO”), one should assess the strength of the subject mark and research its availability in the USPTO database. Once it is determined that the mark may be available and registerable, then an application may be filed.

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