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 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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Post-Spokeo, Michigan’s VRPA Still a Thorn in the Side of Magazine Sellers

March 17, 2017 Last month, a federal district court held that alleged violators of Michigan’s Video Rental Privacy Act (the “VRPA”) cannot seek shelter under the United States Supreme Court’s Spokeo, Inc. v. Robins ruling.  The Court also ruled that certain customers are still entitled to recover substantial statutory damages for VRPA violations, despite legislative amendments

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$7.5 Million Reason to Call a Telemarketing Lawyer

March 16, 2017 This Monday, the Federal Trade Commission (the “FTC” or “Commission”) announced that a slew of Arizona State companies and their owners have agreed to pay $25 million to settle a lawsuit filed in connection with the defendants’ telemarketing practices, reinforcing the importance of consulting an attorney experienced in telemarketing law before launching any

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