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.

Class Action Lawsuit over Asahi Beer Labels Lives On

November 17, 2017 Last month, a federal district court in Los Angeles refused to dismiss a putative class action lawsuit filed against Asahi Beer U.S.A., Inc. (“Asahi”) amidst allegations that the brewery’s Asahi Super Dry beer labels are deceiving consumers. How can a brewery lawyer help keep craft breweries on schedule and legally compliant?

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Connecticut Takes Major Step Towards Fantasy Sports Legalization

November 14, 2017 After months of struggling under the weight of competing interests, Connecticut’s Governor recently signed into law a State budget that includes provisions for the legalization and regulation of daily fantasy sports.   Those in the industry should view this development as a welcome surprise, as it had long been anticipated that the prolonged

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Coachella, Trademark Lawyers Want “Filmchella” Organizer Held in Contempt

November 13, 2017 Last week, the trademark lawyers for Coachella Music Festival, LLC and the famous music and arts festival’s producer, Goldenvoice, LLC (collectively, “Coachella”), asked a Los Angeles federal district court to hold a would-be film festival organizer in contempt of court for purportedly refusing to comply with Coachella’s previously granted motion for preliminary

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SEC Issues Warning to Social Media Influencers Endorsing Cryptocurrencies

November 8, 2017 Last week, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) issued a statement questioning the marketing practices of certain cryptocurrency companies and the celebrities and social media influencers who endorse their virtual currencies. What should influencers know about the SEC’s recent warning?

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Fantasy Sports Lawyer Analysis of Pennsylvania’s New Daily Fantasy Sports Law

November 2, 2017 Pennsylvania recently became the 17th state to legalize paid-entry fantasy sports contests when Governor Tom Wolfe signed a bill into law that also includes provisions for poker and other casino-style games.  The law includes important regulations for fantasy sports operators that wish to do business in the Commonwealth. What are Some Key

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FTC Updates Guidance on COPPA Compliance

October 26, 2017 On October 23, 2017, the Federal Trade Commission (“FTC”) issued a policy enforcement statement providing new direction regarding the application of the Children’s Online Privacy Protection Rule (“COPPA”) to the collection of audio voice recordings online.  COPPA compliance requirements generally apply to operators of online services that are either directed to children

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Alarm.com Can’t Escape TCPA Lawsuit

October 24, 2017 A federal court recently rejected Alarm.com’s efforts to have claims against it dismissed in a Telephone Consumer Protection Act (“TCPA”) lawsuit.   The TCPA lawsuit against Alarm.com seeks redress for alleged aggravation and intrusion of privacy resulting from the receipt of more than 75 Alarm.com product-related calls. What were the allegations contained in

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Mobile App Sweepstakes and Social Media – A Legal Perspective

October 19, 2017 Mobile App Sweepstakes Are an Effective Tool for Business Owners Businesses are increasingly looking to harness two of the most dynamic means of consumer interaction, mobile applications (or “apps”) and social media, in connection with marketing sweepstakes and other promotional offerings to existing and prospective customers.  In conjunction with this trend, there

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