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.

Mobile App Provider Slapped with $2 Million Trademark Infringement Lawsuit

Leave a Comment / Journal, Trademark & Copyright Law /

November 9, 2015 Last month, financial startup Ripple Labs, Inc. (“Ripple Labs”) sued social networking app provider Kefi Labs, LLC (“Kefi Labs”) and several of its employees in California federal court for over $2 million dollars in damages, including claims for alleged trademark infringement, unfair competition and cybersquatting. How can other app providers minimize their […]

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Congress Isn’t Going After Daily Fantasy Sports Yet

Leave a Comment / Blog, Online Gambling Law, Publications /

Facing national scrutiny, DraftKings and FanDuel have hired up lobbyists — but according to key lawmakers, industry lawyers and lobbyists, don’t expect sweeping changes to the industry in the near future. posted on Nov. 5, 2015, at 9:00 a.m. Tarini Parti BuzzFeed News Reporter Scott Olson / Getty Images WASHINGTON — There have been allegations

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TCPA Class Action Against CallFire Dismissed

Leave a Comment / Blog, Journal, Telemarketing Law /

November 5, 2015 On October 8, 2015, the United States District Court for the Southern District of California dismissed a putative class action complaint alleging that CallFire, Inc. (“CallFire”) violated the Telephone Consumer Protection Act (“TCPA”). CallFire offers an Internet-based platform through which customers may prepare a text message and send that message to a

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Advertiser Scraps TV Commercials, Rethinks Sweepstakes After NAD Inquiry

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November 4, 2015 Last month, The Scotts Company LLC (“Scotts”) discontinued certain television commercials and added new disclosures to its sweepstakes-solicited online reviews in response to a National Advertising Division (“NAD”) inquiry. What prompted NAD’s investigation of Scotts’ marketing practices?

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NFL Players File Right of Publicity Class Action Against FanDuel

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November 2, 2015 Last Friday, Washington Redskins wide receiver Pierre Garçon filed a class action lawsuit against fantasy sports operator FanDuel Inc. (“FanDuel”). Among other things, the suit alleges that FanDuel violated National Football League (“NFL”) players’ rights of publicity through the unauthorized commercial use of each class member player’s name and likeness. Can fantasy

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TCPA Amended by 2015 Bipartisan Budget Agreement

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

October 30, 2015 The United States Senate today approved a two-year budget deal that amends the Telephone Consumer Protection Act (“TCPA”). Specifically, the TCPA amendment will authorize the use of automated telephone dialing systems (“ATDS”) to call cellular telephones (without consumer consent) for the purpose of collecting debts owed to the United States government. How

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Why Every Mobile App Needs a Privacy Policy

1 Comment / Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law /

October 30, 2015 Yes, You too Mobile App Operators!   While some mobile app operators might be tempted to forego posting a privacy policy in their mobile app interface, making a privacy policy available to consumers is actually required by state and federal law. Furthermore, it makes sense from a customer-relations perspective to keep your

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