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 Settles Telemarketing Sales Rule Claim for $2.3 Million

Leave a Comment / Blog, Journal, Telemarketing Law /

November 3, 2016 On November 1, 2016, the Federal Trade Commission (“FTC”) announced its settlement with a “collection of entities” known as Consumer Education Group (“CEG”) for alleged violations of the Telemarketing Sales Rule (the “TSR”).  The settlement imposes a $2,339,687.00 penalty against CEG, but due to financial considerations, CEG will only be required to […]

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Canadian Watchdog Renders First Ever CASL Spam-Related Fine Decision

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November 2, 2016 The Canadian Radio-television and Telecommunications Commission (“CRTC”) has fined Blackstone Learning Corp. (“Blackstone”) $50,000 for various violations of Canada’s Anti-Spam Law (“CASL”).  In the decision, the first of its kind, CRTC determined that Blackstone had violated CASL in connection with sending 400,000 unsolicited commercial email messages without the requisite consent to do

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New TTAB Rules for Trademark Lawyers

Leave a Comment / Journal, Trademark & Copyright Law /

October 28, 2016 Trademark lawyers across the country should take note of the U.S. Patent and Trademark Office’s (“USPTO”) first major set of Trademark Trial and Appeal Board (“TTAB”) rule changes since 2007.  The amended rules take effect on January 14, 2017, for both new and pending TTAB cases. What are the USPTO rulemaking’s key

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FanDuel, DraftKings Settle Fantasy Sports Lawsuit with New York AG

Leave a Comment / Blog, Journal, Online Gambling Law, Online Marketing & Advertising Law /

October 27, 2016 This week, the office of the New York Attorney General (the “AG”) announced that it had reached a settlement with both FanDuel and DraftKings, resolving the State’s deceptive marketing practices lawsuit.   We had previously blogged about how New York lawmakers mooted the portion of the AG’s lawsuit concerning charges of illegal gambling

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California Court Finds That Violations of Privacy Law Constitute “Concrete Injury”

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October 27, 2016 On October 24, 2016, the United States District Court for the Southern District of California refused to dismiss claims brought by two former inmates and their counsel regarding violations of a California privacy law.  The plaintiffs commenced a class action against Securus Technologies, Inc. (“Securus”), a self-proclaimed “inmate communications provider,” alleging that

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Sweepstakes Attorneys: Protecting Your Promotions

2 Comments / Blog, Journal, Online Gambling Law /

October 26, 2016 Promotions Law and Sweepstakes Attorneys Conducting a sweepstakes, contest or other form of promotion can be a highly effective way of increasing your customer base, or creating stronger brand loyalty among existing customers.  Through the use of a sweepstakes promotion, business owners can capitalize on the excitement and allure of potentially winning

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FTC to Take Additional Steps to Rein in Influencer Marketing?

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October 25, 2016 Last week, two advocacy groups filed a complaint with the Federal Trade Commission (“FTC”) taking direct aim at the burgeoning influencer marketing industry.  The complaint implores the agency to take enforcement action against various high profile content and media companies, including Google and Disney, alleging unfair and deceptive practices in connection with

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