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 Trains Its Sights on Cross-Device Tracking

Leave a Comment / Blog, Data & Privacy Law, Internet Law, Journal, Online Marketing & Advertising Law /

January 25, 2017 The Federal Trade Commission (“FTC”) has released a staff report after conducting a series of workshops on cross-device tracking and related issues concerning online and mobile behavioral advertising. The staff report aims to provide recommendations to various companies, including advertising technology companies, publishers and platforms, regarding transparency, security and the provision of […]

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Blue Shield Avoids TCPA-Related Liability

Leave a Comment / Blog, Data & Privacy Law, Journal, Telemarketing Law /

January 19, 2017 A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act (“TCPA”).   Blue Shield relied on arguments of lack of standing under the Supreme Court’s decision in Spokeo, Inc. v.

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FTC Announces Settlement of Two Big Robocall Lawsuits

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January 18, 2017 Last Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for the alleged placement of telemarketing calls to numerous consumers on the National Do Not Call Registry.  Most of the defendants in the two robocall lawsuits have agreed to court orders

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Florida Fantasy Sports Regulations Coming Soon?

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January 13, 2017   This week a Florida State Senator introduced proposed revisions to the State’s gaming laws intended to, among other things, regulate fantasy sports within the State of Florida.  The bill proposes enacting the Fantasy Contest Amusement Act, intended to address fantasy sports contest-related consumer protection issues, with oversight responsibility to be vested

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Trademark Enforcement and Internet Search Advertising: A Regulatory Risk for Brand Owners

Leave a Comment / Blog, Data & Privacy Law, Internet Law, Online Marketing & Advertising Law, Publications, Trademark & Copyright Law /

December 2016 For well over a century, US trademark law has afforded brand owners certain rights, remedies and obligations.  As the Department of Commerce has noted, owners of trademarks have both a legal right and an affirmative obligation to protect their trademarks from unauthorized third-party use.  Diligent enforcement practices not only protect trademark assets, but

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FTC, NY AG Bring Deceptive Advertising Lawsuit Against Dietary Supplement Marketer

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January 10, 2017 The Federal Trade Commission (“FTC”) and the New York Attorney General (“NYAG”) have jointly filed a deceptive advertising lawsuit against the marketers of a dietary supplement.  The lawsuit claims that the marketers of the dietary supplement, Prevagen, made false and unsubstantiated claims regarding the product’s ability to improve memory and provide additional

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Court Finds “Nuisance” to be Concrete Injury under the TCPA

1 Comment / Blog, Journal, Telemarketing Law /

January 6, 2017 The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”).  In the class action lawsuit against Hilton Grand Vacations Company, LLC (“Hilton”), Hilton argued, among other things, that the

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