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.

NCAA Seeks Attorneys’ Fees after Sweepstakes Lawsuit Win

March 8, 2018 After winning its federal sweepstakes lawsuit against promotional contest sponsor Kizzang LLC (“Kizzang”), the National Collegiate Athletic Association (“NCAA”) has requested recovery of over $242,000 in attorneys’ fees from Kizzang. Why is Kizzang footing the NCAA’s six-figure legal bill?

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1-800-Flowers.Com Sued in Website Accessibility Lawsuit

March 7, 2018 Recently, a federal district court in the Commonwealth of Massachusetts refused to dismiss a website accessibility lawsuit against 1-800-Flowers.com brought under Title III of the Americans with Disabilities Act (“ADA”) by Access Now on behalf of three plaintiffs who are legally blind. The plaintiffs sued in the United States District Court for

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TCPA Lawsuit Filed Against Telemarketing Company and its Owners

February 27, 2018 A complaint was recently filed in the United States District Court for the Southern District of California alleging violations of the Telephone Consumer Protection Act (“TCPA”) in connection with the receipt of unsolicited commercial telephone calls and text messages.  The complaint seeks to hold liable both the telemarketing company that allegedly placed

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NCAA Dunks on Sweepstakes App Provider in Trademark Lawsuit

February 14, 2018 The National Collegiate Athletic Association (the “NCAA”) recently boxed out sweepstakes app provider Kizzang LLC (“Kizzang”) and its principal in a trademark lawsuit filed in connection with the planned name of Kizzang’s 2017 college basketball-themed promotional contest. Why should operators in the contest and sweepstakes space think twice before launching a new

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The Rise of Marijuana Advertising Regulations

February 7, 2018 This Monday, the newly-minted Massachusetts Cannabis Control Commission (the “Commission”) kicked off six days of public hearings across the Commonwealth in anticipation of the rollout of new marijuana advertising restrictions that will become effective this spring. What are some of the key provisions contained in the draft regulations?

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String of Lawsuits Challenges FDA E-Cigarette Marketing Regulations

February 5, 2018 Last week, a number of vape shops represented by the Pacific Legal Foundation (“PLF”) filed federal lawsuits around the country challenging e-cigarette marketing restrictions contained in the Food and Drug Administration’s (“FDA”) 2016 “Deeming Rule.” How can e-cigarette manufacturers, vape shops and related marketing affiliates avoid problems with regulators?

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