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.

Mobile App Operators Settle COPPA Charges

December 21, 2015 Mobile App Operators Must Be Mindful of Children’s Privacy Issues As part of an increase in regulatory focus on data collection, usage and disclosure practices in the mobile app industry, especially with respect to minors, the Federal Trade Commission (FTC) brought charges against two mobile app operators, LAI Systems, LLC and Retro Dreamer, […]

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Cirque du Soleil Moves to Stay Junk Fax Class Action

December 18, 2015 On December 11, 2015, Cirque du Soleil (“Cirque”) filed a motion in the United States District Court for the Northern District of Illinois, seeking a stay of the plaintiff’s motion to certify a class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). The

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Superman v. Superdad: Trademark Lawsuit to Continue

December 18, 2015 This Tuesday, a California federal court in Los Angeles refused to dismiss DC Comics Inc.’s (“DC”) trademark lawsuit against Mad Engine, Inc. (“Mad Engine”) in connection with the business’ humorous take on DC’s iconic Superman shield logo. Can a business use someone else’s design or logo in jest?

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Appeals Court Declines Request to Rehear O’Bannon Anti-Trust Case

December 17, 2015 Yesterday morning, the Ninth Circuit Court of Appeals denied a request for a full rehearing of an earlier ruling in the Ed O’Bannon anti-trust lawsuit against the National Collegiate Athletic Association (“NCAA”). This decision could set the stage for either O’Bannon or the NCAA, which had opposed the rehearing, to petition the

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Does Yahoo Use an Autodialer in Violation of the TCPA?

December 16, 2015 On December 14, 2015, the United States District Court for the Southern District of California denied a motion for summary judgment filed by Yahoo! Inc. (“Yahoo”) which claimed that human intervention removed one of its text messaging platforms from the definition of “autodialer” within the meaning of the Telephone Consumer Protection Act

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New York Attorney General To Investigate T-Mobile For Deceptive Marketing Practices

December 9, 2015 T-Mobile US, Inc. (“T-Mobile”) currently finds itself in hot water as New York Attorney General Eric Schneiderman’s office opens an investigation into the company’s “Un-Carrier” advertising campaign.   Amid consumer outcry over alleged misleading advertising and deceptive marketing practices, there have also been calls urging the Consumer Financial Protection Bureau to undertake an

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Sweepstakes Phone Cards Under Investigation in Alabama

December 7, 2015 Last Wednesday, CBS network affiliate WKRG in Mobile, Alabama reported that the Mobile County District Attorney’s Office is conducting an ongoing investigation to determine whether certain sweepstakes phone cards violate Alabama State gambling laws. Why is the Attorney General investigating these sweepstakes promotions?

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FCC Could Exempt Certain Internet Faxes from TCPA Regulation

December 4, 2015 Last Tuesday, the Federal Communications Commission (the “FCC” or “Commission”) announced that it is seeking public comment on whether Internet faxes that are both sent and received digitally should be governed by the Telephone Consumer Protection Act (the “TCPA”) or the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

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