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.

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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Indiana Renews Push for Legalized Fantasy Sports

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

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

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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Feds Crack Down on Massive Text Message Consumer Fraud Scheme

September 17, 2015 This week, the United States Attorney for the Southern District of New York, in collaboration with the Internal Revenue Service and Federal Bureau of Investigation, announced several arrests of executives at mobile aggregation companies and mobile content providers. The arrests follow a federal investigation of the individuals’ participation in a scheme that

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Lyft, Inc. and FCC Dispute Alleged TCPA Violations

September 15, 2015 On September 11, 2015, the Federal Communications Commission (“FCC”) issued a Citation and Order (the “Citation”), alleging that the ride-hailing company Lyft, Inc. (“Lyft”) is violating the Telephone Consumer Protection Act (“TCPA”) by requiring users to consent to receive commercial text messages and calls to their cell phones as a condition of

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