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.

FCC and NYAG Warn PayPal: That’s Not TCPA Consent

June 16, 2015 The hits just keep on coming for PayPal, Inc. (“PayPal”). Last Thursday, two days after PayPal and eBay, Inc. (“eBay”) received a list of demands from the New York Attorney General’s office (the “NYAG”), the Federal Communications Commission (the “FCC” or “Commission”) delivered a letter to PayPal, rejecting the company’s attempt at […]

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KMT’s David Klein Considers Pennsylvania’s New Online Gambling Bill

Odds improve for online gaming June 14, 2015 Regulate or delegate — that’s the question facing Pennsylvania legislators as bills to legalize online gambling gain traction. A new bill in the state Senate — SB 900, allows the state, among other things, to license operators to conduct Internet gaming. It’s a practice many say goes on illegally

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Nevada Paves Way for Legal Sports Gambling By Out-of-State Residents?

June 12, 2015 Last week, the Governor of Nevada signed into law a bill that will ostensibly provide out-of-state residents with unprecedented access to Nevada’s sports books. The law allows for the formation and registration of business entities, likened to traditional mutual funds, to place race and sports pool wagers. Notably, the sports gambling law

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NYAG Questions Robocall Consent Language in eBay, PayPal User Agreements

June 12, 2015 This Tuesday, Ms. Kathleen McGee, Internet Bureau Chief for the New York Attorney General’s Office, scrutinized the recently revised User Agreements of eBay, Inc. (“eBay”) and PayPal, Inc. (“PayPal”), respectively. Specifically, the NYAG has questioned certain robocall consent provisions contained in these agreements, which purportedly authorize the sending of autodialed and/or prerecorded

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Court Rules AOL Not Liable Under the TCPA

June 11, 2015 On June 1, the United States District Court for the Northern District of California dismissed an action filed against AOL, Inc. (“AOL”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”). The Court ruled that AOL’s Instant Messenger service, which allows users to send text messages, is not an automated telephone

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New Jersey Sets Compliance Deadline for Internet Gaming Affiliates

June 11, 2015 Last Thursday, Mr. David Rebuck, Director of the New Jersey Division of Gaming Enforcement (the “Division” or “NJDGE”), gave Internet gaming affiliates 150 days to ensure compliance with applicable state and federal gambling regulations. Director Rebuck’s advisory bulletin takes particular issue with the marketing and promotion of “illegal” online gaming sites. What

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Non-Compete Clauses: Don’t Make Your Non-Compete Clauses Non-Enforceable

June 10, 2015 Earlier this week, two U.S. Senators, Chris Murphy (D-Conn.) and Al Franken (D-Minn.), announced plans to introduce a bill that would ban companies from asking employees that make less than $15 an hour (or $31,200 annually) to agree to non-compete provisions that would hinder those employees’ efforts at securing subsequent employment. The

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Louisiana Fantasy Sports Bill Threatened

June 3, 2015 According to published reports, Louisiana bill HB 475, which seeks to create a carve out from State gambling laws for fantasy sports games played for money (the “Bill”), may not make it past the State’s Senate Judiciary Committee.  Due to strong opposition and lobbying by the Louisiana Family Forum (which, according to

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