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.

Illinois Eyes Regulation of Fantasy Sports Industry

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October 28, 2015 Yesterday, Illinois State Representative Mike Zalewski (D-Riverside), introduced the Fantasy Contests Act, a bill that the lawmaker hopes will apply regulatory oversight to the daily fantasy sports industry by requiring operators to adopt and implement certain policies and procedures.  The proposed legislation comes in response to the recent reports of industry insider […]

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Third Circuit Revives TCPA Class Action Against Yahoo

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October 28, 2015 Last Friday, the Third Circuit Court of Appeals breathed new life into a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against multinational tech giant Yahoo Inc. (“Yahoo”), vacating an earlier trial court decision in Yahoo’s favor and remanding the case for further proceedings. Why is Yahoo back in the TCPA crosshairs?

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Subway Settles Sandwich Length Deceptive Trade Practices Lawsuit

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October 27, 2015 Earlier this month, a federal judge in Milwaukee preliminarily approved the settlement of a class action deceptive trade practices lawsuit surrounding the advertised length of sandwiches sold by fast food giant Doctor’s Associates Inc. d/b/a Subway Restaurants (“Subway”). How does Subway’s settlement agreement measure up?

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FCC Releases Spreadsheet of Robocall and Telemarketing Complaint Data

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October 22, 2015 This Wednesday, the Federal Communications Commission (“FCC” or “Commission”) released a spreadsheet of robocall and telemarketing consumer complaint data. The spreadsheet is available for public download and will be updated every week. Why has the Commission released this information, and how will it affect telemarketers?

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Innkeeper Investigated for Promotional Contest with Property as Prize

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October 21, 2015 This summer, after giving away her property as a prize to the winner of a promotional contest, Maine innkeeper Janice Sage was the subject of a police investigation and over a dozen complaints filed with the State’s Attorney General’s Office. Why are government regulators investigating promotional contests and sweepstakes?

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Data breach poses test for fantasy sports betting

Blog, Data & Privacy Law, Online Gambling Law, Publications /

October 6, 2015 DraftKings Inc. markets cash contests to fantasy sports enthusiasts with a grandiose invitation: “Welcome to the big time.” Following a data leak that has fueled calls for regulation and sparked an inquiry by New York’s attorney general, the Boston company is discovering that with the big time comes intense scrutiny. Now, the

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Is Congress Preparing to Take Aim at Fantasy Sports?

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October 20, 2015 Last week, reports surfaced that the chairman of the House Committee on Oversight & Government Reform, Rep. Jason Chaffetz (R – Utah), is expected to hold hearings on fantasy sports in November.   While there has been no official confirmation that such a hearing will take place, the chairpersons of congressional committees have

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mobile app end use license agreements

Why End-User License Agreements for Mobile Apps Are Needed

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A Message to Mobile App Operators Any business or other entity that operates/offers a mobile application, or “app,” should ensure that there is an End-User License Agreement (“EULA”) in place that will govern the relationship between end-users and the subject mobile app operator in connection with that app, its various uses and associated product and

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