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.

Verizon Hit with TCPA Class Action Lawsuit

September 9, 2016 This week, a putative class action complaint was filed in the federal court for the Central District of California against Verizon Wireless Services, LLC (“Verizon”), alleging various violations of the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action complaint contemplates two separate classes of individuals with alleged grievances against Verizon. What […]

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Alleged Mortgage Modification and Debt Relief Scammers to Pay FTC $13.5 Million

September 6, 2016 Last week, the Federal Trade Commission (“FTC”) announced that the United States District Court for the Middle District of Florida had granted a summary judgment motion against various businesses, law firms and individuals for FTC Act and the Mortgage Assistance Relief Services Rule violations.  In awarding the FTC summary judgment, the Court

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Federal Court Serves Up Big Win for Email Marketers in Spam Lawsuit

September 2, 2016 A recent decision in Silverstein v Keynetics, Inc. et al, by a federal judge in the Northern District of California has provided a glimmer of hope to email marketers that the seemingly limitless reach of California’s anti-spam law may finally be abating.  In a spam lawsuit ruling that relied heavily on the

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Gladys Knight Files Unfair Competition Lawsuit Against Her Son

September 1, 2016 This Monday, seven-time Grammy Award-winning recording artist Gladys Knight commenced a federal unfair competition lawsuit against her own son and his businesses in connection with a chain of Atlanta-area chicken and waffle restaurants bearing Knight’s name and likeness. How can businesses avoid legal issues related to third-party names and brands?

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Student Athletes Fight to Keep Fantasy Sports-Related Right of Publicity Claims Alive

August 31, 2016 Last week, the plaintiff collegiate athletes in a putative class action lawsuit pending in the Southern District Court of Indiana filed their opposition to FanDuel and DraftKings’ respective motions to dismiss.  The opposition seeks to keep alive the claims that the fantasy sports companies violated their rights of publicity under Indiana law

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Yelp Seeks Dismissal of Consumer Privacy Lawsuit

August 30, 2016 Last Tuesday, the federal district court for the Northern District of California held oral arguments on a motion for summary judgment filed by Yelp in a consumer privacy lawsuit involving other prominent technology companies, including Twitter, Apple and Instagram.  The lawsuit focuses on various application developers’ use of a “find friends” feature,

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Class Certification Denied in TCPA Fax Case due to Individualized Determinations of Consent

August 20, 2016 On August 22, 2016, the United States District Court for the Northern District of California denied a motion for class certification in a putative class-action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”).  The plaintiffs, various medical offices, sued the defendants alleging that defendants sent unsolicited fax advertisements for medical

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