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.

David Klein Talks Fantasy Stock-Trading Games with Yahoo! Finance

Will regulators sideline fantasy stock-trading games? Regulators seem to be imposing a harsh new reality on fantasy stock-trading upstarts. Stock Battle – one of the first to allow real-money stock-picking games modeled on daily fantasy sports services – received a cease-and-desist letter from the Securities and Exchange Commission, Yahoo Finance has learned. According to an email […]

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Sprint Compels Arbitration in TCPA Class Action

May 14, 2015n On Monday of this week, the United States Court of Appeals for the Seventh Circuit held that a putative class action complaint filed against Sprint alleging that it had violated the Telephone Consumer Protection Act (“TCPA”) must be submitted to arbitration. The appellate court overturned a prior ruling of the district court

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Roofing Company Held Liable for Unsolicited Fax Ads under the TCPA

May 13, 2015 The United States District Court for the District of New Jersey recently held a roofing company liable for a third-party advertiser’s violations of the Telephone Consumer Protection Act (“TCPA”) to the tune of $22,405,000.00. The TCPA class action, which has been pending for over three years, concerns fax advertisements sent by Business

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Verizon and Sprint to Pay In Excess of $200 Million for Cramming

May 12, 2015 This week, federal regulators announced a series of high profile settlements concerning alleged cramming activities from some of the nation’s largest wireless carriers. The Federal Communications Commission announced that Verizon Wireless has agreed to pay $90 million and Sprint Corp. (“Sprint”) has agreed to pay $68 million in settlement of investigations initiated

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The NBA Further Explores Sports Betting Options

May 11, 2015 In November of 2014, NBA Commissioner Adam Silver penned a noteworthy Op-Ed piece in the New York Times calling for the adoption of consistent, uniform, federal regulations that would legalize sports gambling. The position advocated in the Op-Ed was noteworthy because, historically, the NBA has been at the forefront in challenging attempts

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Could Texas’ Alamo Trademark Battle Affect Shiner Beer?

May 8, 2015 Last Thursday, Alamo Beer Company, LLC (“Alamo Beer”), Old 300 Brewing, LLC d/b/a Texian Brewing Co. (“Texian”) and the State of Texas settled an historical trademark dispute. The lawsuit, which began as a quarrel between two Texas breweries using the silhouette of the Alamo in their marketing materials, took an unexpected turn

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Human Intervention Defeats TCPA ATDS Claim

May 7, 2015 While federal courts throughout the country continue to struggle with the question of what constitutes an automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”), one federal court has recently provided clarity. In McKenna v. Whispertext, the United States District Court for the Northern District of

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Update on Fantasy Sports Legalization across the USA

May 6, 2015 We have been chronicling the recent developments in Kansas regarding the State’s efforts to legalize fantasy sports contests, including the introduction of a bill to legalize pay-to-play fantasy sports, as well as the recent legal opinion issued by the State Attorney General concerning the constitutionality of fantasy sports in Kansas. Now, on

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