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.

Latest Developments in the Fantasy Sports Industry

October 14, 2015 Late last week, reports surfaced that the United States Attorney’s office in Tampa, Florida has convened a federal grand jury to consider whether daily fantasy sports operators are in violation of the Illegal Gambling Business Act (IGBA). It remains unclear though whether federal prosecutors are targeting a specific fantasy sports operator or […]

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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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