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 Targets Tech Support Companies for Deceptive Pop-Up Marketing

October 13, 2016 Yesterday, the Federal Trade Commission (“FTC”) announced that a temporary restraining order had been issued by a court of law against five related tech support companies and their respective principals (the “Defendants”), that allegedly had engaged in a campaign of deceptive pop-up marketing.  Specifically, the FTC contends that dating back to 2013,

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New York’s Fantasy Sports Law Challenged on Constitutionality Grounds

October 12, 2016 Last week, a group of New York citizens filed a lawsuit against Governor Andrew Cuomo and the New York State Gaming Commission in an effort to halt implementation of New York’s new fantasy sports law.  Wielding as a cudgel the arguments made by Attorney General Eric Schneiderman in a prior lawsuit against

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Why Retaining a Mobile App Lawyer Is So Important

October 11, 2016 Mobile App Lawyers Help Secure Your Mobile App Assets Mobile applications, or “apps,” have become an extremely popular vehicle for providing entertainment to end-users, developing brand loyalty and enhancing the consumer experience.  In a relatively short period of time, mobile apps have also become a booming industry, earning an estimated $46 billion

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App Maker Settles COPPA Matter with Texas AG

October 6, 2016 On Monday, the Texas State Attorney General announced that it reached a settlement with app maker Juxta Labs, Inc. (“JLI”) regarding its information collection practices.  The Attorney General had been investigating JLI for violations of the Texas Deceptive Trade Practices Act “by engaging in false, deceptive, or misleading acts or practices regarding

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Affiliate Marketing Network Held Liable for its Publishers’ Deceptive Content

October 5, 2016 The U.S. Court of Appeals for the Second Circuit recently affirmed a ruling of a lower court that held an affiliate marketing network liable for its role in promoting a deceptively-marketed product.  Despite the fact that the network did not itself produce the deceptive content at issue, the Court affirmed the judgment

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FTC Wins Health Benefit-Related Deceptive Advertising Lawsuit

September 28, 2016 The Federal Trade Commission (“FTC”) recently prevailed in a deceptive advertising lawsuit against COORGA Nutraceuticals Corporation (“COORGA”) and its principal.  The judgment provides for, among other things, a monetary penalty of approximately $400,000 for consumer refunds and a prohibition against COORGA and its owner from making misleading prevention and other health-related claims

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The Honest Company Faces False Advertising Class Action

September 27, 2016 Last Tuesday, a class action lawsuit was filed against The Honest Company, Inc. (“THC”) alleging that the “natural” products manufacturer has violated numerous California State false advertising laws.  Specifically, the class action complaint alleges that THC advertises that its products are “100% natural” and “all natural” despite the presence of synthetic ingredients

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