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.

New Jersey Fantasy Sports Regulations Coming Soon?

April 5, 2017 The New Jersey Assembly’s Appropriations Committee has passed a bill aimed at establishing fantasy sports regulations to govern fantasy sports contests and their operators within the State.  Passage of the proposal in the Committee ensures advancement to the full Assembly for prospective debate and vote. What are some of the key components […]

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DC Circuit Strikes Down TCPA Fax Rule

April 4, 2017 Last week, the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) struck down a Federal Communications Commission (“FCC”) rule promulgated under the Telephone Consumer Protection Act (“TCPA”) which regulates fax advertisements.  The telemarketing industry rejoiced as the DC Circuit struck a key provision of the FCC’s

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FTC Sues Over Free Marketing Campaign

April 3, 2017 The Federal Trade Commission (the “FTC” or “Commission”) recently sued six California businesses and their respective owners and officers in federal district court in connection with the defendants’ allegedly deceptive free marketing practices. What should sellers and marketers know before offering free or risk-free trials?

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NY AG Targets Mobile Health Applications Over Privacy Policy, Misleading Claims Concerns

March 28, 2017 The Office of the New York State Attorney General (“NY AG”) recently announced a settlement of its investigation into the privacy policy and advertising-related business practices of three popular health-based mobile applications.   Each of the applications ostensibly allowed users to track their fitness, and measure vital signs and other heath indicators, as

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Warner Bros., Trademark Lawyers Target “Golden Ticket” Beer Brand

March 24, 2017 This month, “Willy Wonka” filmmaker Warner Bros. Entertainment Inc. (“Warner Bros.”) formally opposed Georgia-based South Sky Brewing Company’s (“Southern Sky”) federal trademark application for its “Golden Ticket” branded beer, reinforcing the importance of consulting with an experienced trademark lawyer before using or registering a new beer brand name. How can a craft

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Brewery and Beer Distributor Sued over Promotional Contest

March 23, 2017 A North Carolina woman has commenced legal action against Anheuser-Busch, LLC (“Anheuser-Busch”) and its North Carolina distributor, R.A. Jeffreys Distributing Company (“R.A. Jeffreys”), in connection with Anheuser-Busch’s “Natty Rewards” promotional contest and “Every Natty Has a Story” marketing campaign. How can well-drafted contest rules help protect sweepstakes and contest sponsors?

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Email Marketing Attorneys and the FTC Clash Over and Settle Spam Claims

March 22, 2017 Last week, email marketing lawyers and the Federal Trade Commission (“FTC”) announced a $500,000.00 settlement between the agency and a company offering weight-loss products which were allegedly marketed via email in violation of federal law.  The FTC alleged that the defendant corporations (all related) and their respective principal “paid affiliate marketers to

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