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.

Food Manufacturer Sued for Allegedly Deceptive ” Slack-Fill ”

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August 2, 2016 Last Thursday, four New York City residents commenced a federal lawsuit and prospective class action against the world’s leading pasta maker, Barilla S.p.A., and its subsidiaries Barilla America, Inc. and Barilla USA (collectively, “Barilla”), alleging that Barilla engaged in deceptive “slack-fill” to deceive consumers as to the amount of pasta in its […]

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Massachusetts Beats Buzzer With New Fantasy Sports Law

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August 1, 2016 With the State legislative session set to expire, Massachusetts lawmakers passed a bill late Sunday night to formally legalize daily fantasy sports in the Commonwealth. While other states that have recently legalized fantasy sports have employed tax and regulation schemes, Massachusetts has opted to take a different approach, at least in the

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Arkansas Ban on Political Robocalls Struck Down

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July 29, 2016 A federal judge for the District Court in Little Rock, Arkansas ruled this week that a 1981 State law banning political robocalls is unconstitutional.    The ruling comes less than a year after a federal court overturned a similar state law ban in South Carolina. Why did the Court find the robocall ban

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FCC Calls for “Strike Force” to Combat Robocalls

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July 28, 2016 Federal Communications Commission (the “FCC”) Chairman, Tom Wheeler, last week encouraged the major wireless and wireline telecommunications carriers to offer cost-free call-blocking services to customers.  This week, AT&T announced that it has heeded that call to action and will form a strike force to come up with a plan to prevent robocallers

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NYAG Announces Deceptive Advertising Settlements

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July 26, 2016 Last week, the New York State Attorney General (the “Attorney General”) announced settlements with two separate companies relating to claims involving allegations of deceptive advertising and billing practices.  The companies, Tristar Products, Inc. (“Tristar”) and Product Trend (“PT”), directly market their respective products, ranging from women’s undergarments to pillows, to consumers.  The

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Health Insurance Marketer Settles FTC Deceptive Marketing Practices Lawsuit

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July 22, 2016 The Federal Trade Commission (“FTC”) recently prevailed in a deceptive marketing practices investigation involving Partners In Health Care Association (“PIHC”) and its owner.  The judgment obtained by the FTC provides for, among other things, a monetary penalty of nearly $9 million and a prohibition against PIHC and its owner from selling healthcare

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Warner Bros. Settles FTC Claims of Paid YouTuber Endorsements

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July 20, 2016 Last week, the Federal Trade Commission (the “FTC” or “Commission”) announced that it has reached a settlement with Warner Bros. Home Entertainment Inc. (“Warner Bros.”) over charges of deceptive advertising in connection with alleged paid YouTuber endorsements for a Warner Bros. video game. Why did the FTC target Warner Bros. paid product endorsements?

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Kylie Jenner’s Cosmetics Company Bouncing Back After “F” BBB Rating

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July 15, 2016 When Kylie Jenner, Inc. – the corporate entity operating Kylie Jenner’s “Kylie Cosmetics” – recently received a rating of “F” from the Better Business Bureau (“BBB”), the reality television personality’s team began taking steps to improve the business’ failing BBB rating. How should businesses respond to BBB complaints?

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