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.

FTC Settles Mosquito Shield Band False Advertising Litigation

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

May 25, 2016 On Tuesday, the Federal Trade Commission (“FTC”) announced its settlement with Viatek Consumer Products Group Inc. (“Viatek”) and its principal Lou Lentine (“Lentine”) concerning claims that their “Mosquito Shield” wristband prevents wearers from being bitten by mosquitos.  The FTC commenced litigation against Viatek and Lentine in February, 2015.  After a failed motion […]

FTC Settles Mosquito Shield Band False Advertising Litigation Read More »

New World Order for E-Cigs

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

May 23, 2016 This month, the Food and Drug Administration (“FDA”) released a highly anticipated rule chiefly aimed at bringing e-cigs and other nicotine vaporizing technology products within its regulatory purview.  For years, the e-cig industry has been allowed to grow and flourish within a legal grey zone as a non-tobacco product.  Under intense pressure

New World Order for E-Cigs Read More »

How Will the Supreme Court’s Spokeo Decision Affect TCPA Lawsuits?

Leave a Comment / Blog, Journal, Telemarketing Law /

May 20, 2016 This week, the U.S. Supreme Court issued a potentially landmark ruling in Spokeo, Inc. v. Robins (No. 13-3339), a case filed under the Fair Credit Reporting Act of 1970 (the “FCRA”) but expected to have much wider implications, including for Telephone Consumer Protection Act (“TCPA”) lawsuits. Could Spokeo help defendants in TCPA

How Will the Supreme Court’s Spokeo Decision Affect TCPA Lawsuits? Read More »

Is A Streamlined 214 Application Process Coming?

Leave a Comment / Blog, Journal, Telemarketing Law /

May 16, 2016 Last week, the National Telecommunications and Information Administration (“NTIA”), the President’s chief adviser on telecommunications issues, submitted a request to the Federal Communications Commission (“FCC”) for it to take certain measures which the NTIA anticipates will streamline the 214 application process.  We have previously written about the 214 license application requirements for

Is A Streamlined 214 Application Process Coming? Read More »

Discovery Dispute Lingers in “Stairway to Heaven” Copyright Infringement Case

Leave a Comment / Journal /

May 12, 2016 With a jury trial scheduled to begin in just over a month, Led Zeppelin, their music publisher and record label continue to feud with the estate of a founding member of the rock band Spirit over the allowance of expert depositions in a copyright infringement case surrounding the song “Stairway to Heaven.”

Discovery Dispute Lingers in “Stairway to Heaven” Copyright Infringement Case Read More »

Caribou Coffee Wakes Up to TCPA Class Action

Leave a Comment / Blog, Journal, Telemarketing Law /

May 10, 2016 A class action lawsuit was filed in the United States District Court for the Western District of Wisconsin last Thursday morning, alleging that Caribou Coffee Company, Inc. (“Caribou”) violated the Telephone Consumer Protection Act (“TCPA”) by sending unsolicited text message advertisements without obtaining the prior express written consent to do so.  The

Caribou Coffee Wakes Up to TCPA Class Action Read More »