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.

False Advertising Class Action Against Shell Oil Fueled by Federal Court

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December 8, 2014 The United States District Court for the District of Oregon recently denied a motion to dismiss a putative nationwide class action brought against Shell Oil for alleged breach of contract, false advertising and an array of state consumer protection allegations. In the action captioned Kearney v. Equilon Enterprises, LLC d/b/a Shell Oil […]

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Domino’s Pizza and Mobile Marketer Face TCPA Class Action

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December 5, 2014 On November 30, 2014, a class action complaint was filed in the United States District Court for the Southern District of Florida against Domino’s Pizza, LLC (“Domino’s”) and mobile marketer MoGreet, Inc. (“MoGreet”) alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that Domino’s and MoGreet violated the

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Maryland Digital Ad Tax

E-Mail List Management Agreements: Don’t Get Stuck in the Middle

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The E-mail List Management Opportunity Website operators and other online businesses frequently amass a very valuable, targeted database of e-mail addresses in the course of operating their respective businesses.  Where permitted by the privacy policy (and the specific website registration consent language) associated with the applicable website or venture, that database can be shared by

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Monmouth Park, NJ To Allow Fantasy Sports Betting

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December 2, 2014 Despite the United States District Court for the District of New Jersey’s injunction against the State of New Jersey concerning its sports gambling laws (or lack thereof), Monmouth Park has announced plans to soon allow for fantasy sports betting at its racetrack.  Although it is currently unclear how New Jersey’s fight to

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False Advertising Class Action Filed Against Fantasy Sports Site FanDuel

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December 1, 2014 On November 20, 2014, a class action complaint was filed in the United States District Court for the Southern District of Florida against FanDuel, Inc. (“FanDuel”) alleging false advertising.  The claim concerns FanDuel’s advertised “free” “dollar for dollar” fantasy sports bonus promotion.  The advertised bonus promises that FanDuel will match up to

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Tweet to Win: Marketing Through Sweepstakes Promotions on Twitter

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November 26, 2014 A frequent topic of our blog posts has been the benefits associated with the use of promotional contests and sweepstakes as exciting vehicles for marketing your business.  Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers

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How To Protect Your Company, and Yourself, When a State Attorney General Contacts You Concerning Your Marketing Practices

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November 25, 2014 Who Is The Attorney General Watching? Due to rapidly developing technologies and constantly evolving marketing practices, businesses working in the Internet marketing space are frequently the subject of Attorney General inquiries and lawsuits.  This is true whether your business provides marketing services or utilizes third party marketers to sell your products or

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Crunch TCPA Class Action Lawsuit May Rebound

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November 24, 2014 Last month, the United States District Court for the Southern District of California dismissed a putative class action filed against Crunch San Diego, LLC (“Crunch”) under the Telephone Consumer Protection Act (“TCPA”), ruling that Crunch did not use an autodialer to send promotional text messages.  On Wednesday, the named plaintiff filed a

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