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.

Well-Drafted Privacy Policy Saves the Day for GameStop

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August 18, 2016 This Tuesday, the Eight Circuit Court of Appeals affirmed a Minnesota federal district court’s dismissal of a website user’s lawsuit and prospective class action involving the privacy policy and information sharing practices of video game retailer and magazine publisher GameStop, Inc. d/b/a Game Informer (“GameStop”). How important are website privacy policies?

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FCC: No Additional TCPA Consent Required for Certain Calls to Utilities Customers

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August 17, 2016 This month, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling clarifying what type of Telephone Consumer Protection Act (“TCPA”) consent is required for certain telephone calls and text messages made/delivered by utility companies. When can utility companies and their affiliates make autodialed calls?

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NYAG Announces Settlement with Synergy Fitness for Improper Billing

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August 12, 2016 This week, the New York State Attorney General (the “Attorney General”) announced that it had settled with nine Synergy Fitness (“Synergy”) health clubs over alleged deceptive and improper billing practices.  Specifically, the Attorney General alleged that Synergy improperly billed consumers for membership and also misrepresented and unfairly applied their cancellation policies in

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FCC Issues TCPA Compliance Ruling for School-Related Calls

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August 11, 2016 Last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling addressing certain Telephone Consumer Protection Act (“TCPA”) compliance concerns raised by educational technology company Blackboard, Inc. (“Blackboard”). When can schools and their affiliates make autodialed calls?

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FTC Targets Brand Owner Policing Search Ad Keywords

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August 10, 2016 This Monday, the Federal Trade Commission (the “FTC” or “Commission”) commenced an administrative proceeding against 1-800 Contacts, Inc. (“1-800 Contacts”), alleging that the online contact lens retailer had entered into anti-competitive search ad bidding agreements with its rivals. Should sellers and advertisers be concerned about how they police their brands?

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Appeals Court Says “No” to Sports Betting in New Jersey

Blog, Journal, Online Gambling Law /

August 9, 2016 The U.S. Third Circuit Court of Appeals has issued a ruling denying New Jersey’s efforts to legalize sports betting in the State.   The ongoing league battle has pitted several professional sports associations against the State of New Jersey in a high stakes effort to undercut the federal Professional and Amateur Sports Protection

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FTC Announces Dog Food False Advertising Settlement

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August 9, 2016 Last Thursday, the Federal Trade Commission (“FTC”) announced that it had settled with Mars Petcare US, Inc. (“Mars Petcare”) concerning allegedly false advertising claims relating to its Eukanuba brand dog food.  Specifically, the FTC alleged that Mars Petcare falsely touted the health benefits of Eukanuba dog food by citing to a “study”

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“Dirty Dancing” Trademark Dilution Claims Reinstated

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August 5, 2016 This March, we reported on a California federal court’s dismissal of Lions Gate Entertainment Inc.’s (“Lions Gate”) trademark and unfair competition claims against TD Ameritrade Holding Corporation, a number of its subsidiaries (“TD”) and ad agency Havas Worldwide New York, Inc. (“Havas”) in connection with the Defendants’ “Dirty Dancing”-themed ad campaign.  This Monday,

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