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.

Vermont Passes Fantasy Sports Legislation

May 17, 2017 Vermont’s State Legislature has passed legislation that would expressly legalize and regulate fantasy sports contests and their operators within the State.  If enacted, Vermont would become the third state this year to adopt fantasy sports legislation, joining Arkansas and Mississippi. What are some key provisions of Vermont’s fantasy sports regulatory scheme?

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Offer of Judgment Fails to Defeat TCPA Fax Class Action

May 16, 2017 On May 8, 2017, the United States District Court for the Southern District of New York issued a ruling rejecting Educational Testing Service’s (“ETS”) attempt to moot a class action brought pursuant to the Telephone Consumer Protection Act (“TCPA”) through an offer of judgment.  The TCPA fax class action complaint alleges that

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Contest Organizer in Legal Limbo over Sweepstakes Marketing

May 12, 2017 Last month, a federal district court in San Francisco dismissed the preemptive lawsuit of Contest Promotions, LLC (“Contest Promotions”), which had hoped to establish the legality of its sweepstakes marketing signs under applicable local law. How can a sweepstakes lawyer help keep promotions legally compliant?

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Fake News: A Legal Perspective

May 1, 2017 By David O. Klein and Joshua R. Wueller The concept of “fake news” has garnered substantial attention in recent years, evolving from its satirical literary origins into a passionately criticized Internet phenomenon. Whether described as rumors, “counterknowledge,” misinformation, “post-truths,” “alternative facts” or just plain damned lies, these false statements of fact typically

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Website/App Provider in Hot Water for Ambiguous Privacy Policy

May 1, 2017 Last week, Unrollme Inc.’s (“Unroll.me”) privacy policy came under fire from consumers and privacy advocates in response to news that Unroll.me collects and sells data associated with user email messages. Why should website and mobile app providers have a clear and conspicuous privacy policy?

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