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 Mails Free Trial Lawsuit Refund Checks

October 13, 2017 This Tuesday, in furtherance of the terms of settlement of a 2014 “free trial” lawsuit, the Federal Trade Commission (the “FTC” or “Commission”) began mailing approximately $10 million worth of refund checks to hundreds of thousands of consumers who requested free trials of certain dietary supplements and weight loss products but were

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Advertising Practices Land Tinder in Hot Water

October 12, 2017 The advertising practices of Tinder, Inc. (“Tinder”) are being called into question following the reinstatement of a class action lawsuit alleging that it engaged in various forms of deceptive business practices.  The popular mobile dating application, known for its “swipe right” matching feature, is alleged to have deceived consumers into paying ever higher

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Mergers and Acquisitions Lawyers: Vital Help for Your Asset Sale or Stock Sale Deal

October 5, 2017 M & A Lawyers: Legal Assistance with Your Asset Sale or Stock Sale For countless businesses, across every industry and vertical, a prospective merger, acquisition or other business combination represents the culmination of long term strategy.  Through the merger/acquisition process, an entity can obtain a huge influx of capital, merge with an

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Court Holds that Fantasy Sports Companies Did Not Violate Players’ Rights by Using Their Names and Likenesses

October 4, 2017 On September 29, 2017, the United States District Court for the Southern District of Indiana (Walton Pratt, J.) issued a decision dismissing claims by three former college football players, Akeem Daniels, Cameron Stingily and Nicholas Stoner, alleging that Fanduel, Inc. and Draftkings, Inc. each violated the players’ respective rights of publicity by

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Groundbreaking Email Marketing Decision?

October 2, 2017 In a recent decision, a federal district court in San Francisco dismissed email marketing-related California State legal claims against Sauphtware, Inc. d/b/a “Panda Mail,” finding that Panda Mail’s delivery of email on behalf of third-party advertisers did not, in and of itself, amount to advertising.  The ruling would appear to absolve emailers

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Office Supply Marketers Settle Deceptive Trade Practices Investigation

September 27, 2017 The Federal Trade Commission (“FTC”) recently announced a $7 million settlement with an office supply marketer and its individual owner.  The FTC had filed a lawsuit in the United States District Court for the Central District of California in connection with charges of unfair and deceptive trade practices related to the marketing

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ADA Accessibility, a Must for All Websites?

September 22, 2017 The Americans with Disabilities Act (“ADA”) was enacted to make American society more accessible for people with disabilities.  While many business owners may be familiar with physical accessibility improvements such as wheelchair ramps and Braille signs, fewer are aware that the U.S. Department of Justice (“DOJ”), class action plaintiffs’ attorneys and some

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