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.

Disney Rumored To Give Unicorn Valuation to Fantasy Sports Venture

March 19, 2015 Reports have surfaced this week that DraftKings is in talks with the Walt Disney Co. (“Disney”) about an investment opportunity that would reportedly value DraftKings at $1 billion.  DraftKings is currently locked in a costly battle with industry leader FanDuel for new customer acquisition, and it is anticipated that any funds raised […]

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Blimpie Blown Up by TCPA Junk Fax Class Action?

March 18, 2015 On March 12, 2015, a class action lawsuit was filed against Blimpie International, Inc. (“Blimpie”) and other entities, alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that Blimpie violated the TCPA by sending unsolicited “junk faxes” to businesses and individuals throughout the country.  The plaintiff seeks to

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Iowa Bill Legalizing Fantasy Sports Approved by Iowa Senate

March 13, 2015 As discussed on this blog recently, a group of lawmakers in Iowa have been pushing matching bills in the Iowa House and Senate (Senate Study Bill 1068 and House Study Bill 47), in an effort to specifically exempt certain fantasy sports contests from Iowa’s otherwise broad-reaching anti-gambling laws.  This legislative effort is

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FTC Lawsuit Accuses DIRECTV of Deceptive Advertising, ROSCA Violations

March 13, 2015 This Wednesday, the Federal Trade Commission (the “FTC or Commission”) sued satellite television service provider DirecTV, Inc. and its subsidiary (“DIRECTV”) in federal court in San Francisco.  The Commission has accused DIRECTV of violating the FTC Act and the Restore Online Shoppers’ Confidence Act (“ROSCA”) with purportedly deceptive advertising and sales practices.

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Kansas Takes a Step Toward Legalizing Fantasy Sports

March 12, 2015 In August 2014, the Kansas Racing and Gaming Commission issued an opinion that fantasy sports contests that require an entry fee to participate, and that pay out cash prizes, constitute illegal lotteries under Kansas State law.  Based on that Kansas Racing and Gaming Commission opinion, many high profile pay-to-play fantasy sports venues

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Jury Finds Pharrell Williams and Robin Thicke Guilty of Copyright Infringement

March 12, 2015 On March 20, 2015, a jury awarded $7.4 million to the family of artist Marvin Gaye for Pharrell Williams and Robin Thicke’s alleged infringement of Gaye’s song “Got to Give it Up.”  Gaye’s family alleged that Pharrell and Thicke’s song “Blurred Lines” infringed Gaye’s intellectual property rights.  Although many have viewed the

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