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.

Scandal Rocks Fantasy Sports Industry

October 6, 2015 Yesterday, the fantasy sports world was rocked with reports of an “insider trading” scandal involving an employee at industry leader DraftKings. The reports indicated that prior to the start of the third week of NFL games, the employee inadvertently released information not available to the public. The employee incidentally won $350,000 through […]

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FTC Distributes Proceeds from Phony Health Insurance Settlement

October 2, 2015 On Tuesday, the Federal Trade Commission (“FTC”) announced the release of checks to consumers totaling more than $1.1 million as refunds for purchasing phony health insurance policies. The proceeds are fruits of an FTC settlement with the Independent Association of Businesses (“IAB”) and its largest telemarketer, Health Service Providers, Inc. (“HSP”). According

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Appeals Court: Don’t Pay Student-Athletes, Though NCAA Does Violate Antitrust Laws

October 1, 2015 Yesterday morning, the Ninth Circuit Court of Appeals affirmed in part, and overturned in part, last year’s highly publicized decision regarding Ed O’Bannon’s antitrust case against the National Collegiate Athletic Association (“NCAA”), on which we previously blogged. Specifically what portions of the District Court ruling did the Appeals Court affirm and overturn?

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Gag Clauses in Terms and Conditions has Marketer in FTC Crosshairs

September 29, 2015 Last week, the Federal Trade Commission (“FTC”) filed a complaint against Roca Labs, Inc., Roca Labs Nutraceutical USA, Inc., and their respective principals (collectively, “Roca”). In its complaint, the FTC alleges various violations of the FTC Act, including the use of “gag clause” provisions in their website Terms and Conditions intended to

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DialAmerica Program Protected by TCPA Nonprofit Exemption

September 25, 2015 On September 22, 2015, a federal judge sitting in the Eastern District of Michigan granted summary judgment and dismissed a complaint filed against DialAmerica Marketing, Inc. (“DialAmerica”), alleging that the telemarketer violated the Telephone Consumer Protection Act (“TCPA”). After reviewing the matter, the Court found that DialAmerica’s Professional Fundraising Program falls under

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FCC Modernizes Regulations for Broadcasters’ Contest and Sweepstakes Rules

September 22, 2015 Last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) revised its long-standing radio and television broadcaster contest and sweepstakes rules disclosure regulations. Under the FCC’s recent report and order, what are broadcasters’ disclosure options?

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Fantasy Sports: The Rapidly Developing Legal Framework

September 18, 2015 By David O. Klein, Jonathan E. Turco and Joshua R. Wueller Although fantasy sports competition – the act of building and competing with imaginary sports teams comprised of real-life athletes – had meager beginnings as a hobby and pastime among friends and coworkers, fantasy sports has exploded in recent years into a

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