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.

Yahoo Brings Fraud Counterclaims in March Madness Sweepstakes Lawsuit

Leave a Comment / Journal /

June 2, 2015 On Tuesday of last week, Yahoo! Inc. (“Yahoo”) submitted an updated answer in the ongoing legal proceeding surrounding its botched billion-dollar 2014 March Madness sweepstakes. Yahoo’s recent filing includes new fraud and fraudulent inducement counterclaims against SCA Promotions, Inc. (“SCA”), a prize promotion and risk management company that initiated the lawsuit early […]

Yahoo Brings Fraud Counterclaims in March Madness Sweepstakes Lawsuit Read More »

Florida Enacts New Anti-Piracy Legislation

Leave a Comment / Journal /

June 1, 2015 Florida has recently passed a bill to combat online piracy. The law seeks to bring transparency to online business transactions by mandating that websites and online services that publish or transmit “substantial” portions of commercial recordings or audiovisual works, disclose and display certain identifying contact information on their website. The anti-piracy law

Florida Enacts New Anti-Piracy Legislation Read More »

Proposed FCC Telemarketing Actions – “Most Significant Since the Do-Not-Call Registry”

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

May 28, 2015 On Wednesday of this week, the Federal Communications Commission (the “FCC” or “Commission”) announced a new proposal circulated by FCC Chairman Tom Wheeler that would make fundamental changes to the Commission’s enforcement of the Telephone Consumer Protection Act (“TCPA”). According to Chairman Wheeler’s announcement and the Commission’s accompanying fact sheet, the FCC

Proposed FCC Telemarketing Actions – “Most Significant Since the Do-Not-Call Registry” Read More »

College Settles FTC Deceptive Advertising Lawsuit

Leave a Comment / Journal /

May 28, 2015 This week, the Federal Trade Commission (“FTC”) announced that Professional Career Development Institute, LLC, doing business as Ashworth College, agreed to an $11 million settlement for allegedly engaging in deceptive advertising in violation of the FTC Act. Specifically, in its Complaint, the FTC alleged that Ashworth College misrepresented, among other things, that

College Settles FTC Deceptive Advertising Lawsuit Read More »

22 State AGs Settle Data Passing to Negative Option Marketer Claims for $11 Million

Leave a Comment / Blog, Data & Privacy Law, Journal /

May 28, 2015 Attorneys General from 22 states reached agreement with Classmates, Inc., Florists’ Transworld Delivery, Inc. and FTD.com (the “Settling Parties”) to settle allegations that the Settling Parties sold consumer information to negative option marketers. Of the $11 million settlement sum, $8 million will be paid by the Settling Parties directly to the various

22 State AGs Settle Data Passing to Negative Option Marketer Claims for $11 Million Read More »

Licensing Journal Features Article by KMT’s David Klein and Joshua Wueller

Leave a Comment / Blog, Publications, Trademark & Copyright Law /

Intellectual Property Concerns for Sponsors of Promotional Contests and Sweepstakes Marketers are always looking for more effective ways to entice consumers, with the goal to build a brand and sell more products and services. Long ago, armed with the knowledge that people enjoy winning prizes, savvy promoters began offering promotional contests and sweepstakes, which encourage

Licensing Journal Features Article by KMT’s David Klein and Joshua Wueller Read More »

Telemarketers, Payment Processor to Pay $1.7 Million to FTC

Leave a Comment / Blog, Journal, Telemarketing Law /

May 26, 2015 Last Tuesday, a federal court in Orlando issued its final order in a years-long legal battle between the Federal Trade Commission (the “FTC” or “Commission”), a number of telemarketers and their payment processor. The ruling follows an order late last year that granted the Commission’s motion for summary judgment against all remaining

Telemarketers, Payment Processor to Pay $1.7 Million to FTC Read More »

Manufacturer Not Vicariously Liable for Distributor TCPA Violations

Leave a Comment / Blog, Journal, Telemarketing Law, Trademark & Copyright Law /

May 26, 2015 Last week, the United States District Court for the Central District of California entered an order granting summary judgment in favor of manufacturer UTC Fire & Security Americas Corporation, Inc. (“UTCFSA”) and dismissed a putative Telephone Consumer Protection Act (“TCPA”) class action pending against it. The plaintiff sought to hold UTCFSA liable

Manufacturer Not Vicariously Liable for Distributor TCPA Violations Read More »

Copyright © 2013–2021 Klein Moynihan Turco LLP. All Rights Reserved · Attorney Advertising