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.

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

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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

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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

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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

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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

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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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Indiana Renews Push for Legalized Fantasy Sports

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September 21, 2015 Earlier this year, we wrote about Indiana State Representative Terre Haute and his attempts to pass a pair of bills that would have legalized: (1) sports gambling and; (2) online fantasy sports for contests that award cash prizes and which comply with criteria similar to that contained in the 2006 Unlawful Internet

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Uncertain Times for Daily Fantasy Sports

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September 18, 2015 This week, a report surfaced that the Massachusetts Attorney General will be reviewing the legality of daily fantasy sports and in particular, industry giant, Boston-based DraftKings.   This report comes on the heels of related stories that the gaming commission in Nevada is undertaking a similar review, that California is moving towards regulating

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Carrot Neurotechnology Settles Deceptive Advertising Claims with FTC

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September 18, 2015 The Federal Trade Commission (“FTC”) recently announced the settlement of a pending deceptive advertising action with Carrot Neurotechnology, Inc. (“Carrot”). According to the FTC, since 2012, Carrot “advertised, labeled, offered for sale, sold and distributed the Ultimeyes software application to consumers. . . . According to its website . . . Ultimeyes

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