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.

The Impact of the O’Bannon Ruling on the Collegiate Athletics Commercial Market and Fantasy Sports

October 2014 On August 8th, 2014, California Federal District Court Judge Claudia Wilken handed down her decision in Ed O’Bannon’s antitrust case against the National Collegiate Athletic Association (“NCAA”).  Mr. O’Bannon is a former UCLA men’s basketball star and NCAA National Championship Most Valuable Player that played two seasons in the NBA before finishing his […]

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FTC Secures $22 Million Settlement for Alleged ROSCA Violations

November 21, 2014 Earlier this week, the Federal Trade Commission (“FTC”) announced that three companies agreed to pay more than $22 million in consumer refunds for allegedly violating the Restore Online Shoppers’ Confidence Act (“ROSCA”). The ROSCA settlement is one of the largest in FTC history. ROSCA  Generally ROSCA was enacted in January 2011 to

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The NBA Gets an Assist on Daily Fantasy Sports Games

November 20, 2014 Daily Fantasy Sports Games: The NBA Tips Off Just last week, the National Hockey League (NHL) announced that it was joining Major League Baseball (MLB) in striking up a partnership with the daily fantasy sports industry’s second largest site, DraftKings, to offer an officially sponsored NHL daily fantasy sports contest.  Fresh on

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Junk Fax TCPA Class Action Settles for $40 Million

November 20, 2014 In June of 2011, a class action lawsuit was filed against Interline Brands Inc. (“Interline”) alleging that the company failed to comply with the mandates of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint claimed that Interline sent fax advertisements to consumers without: 1) obtaining their proper express written consent; or

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Strike 2 – New York Court Rules Against Sirius XM: Liable for Use of Pre-1972 Sound Recordings

November 19, 2014 #56437948 / gettyimages.com After suffering a loss in California federal court, Sirius XM Radio, Inc. (“Sirius”) has now lost a summary judgment ruling in the United State District Court for the Southern District of New York and may soon find itself liable to Flo & Eddie Inc. (“F&E”) under New York common

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FTC and Florida Attorney General Settlement Cripples Medical Alert Device Company

November 17, 2014 On November 13, 2014, the United States District Court for the Middle District of Florida approved and entered a permanent injunction and settlement between the Federal Trade Commission (“FTC”) and the Florida Attorney General (the “AG”), on the one hand, and Woldwide Info Services, Inc. (“Worldwide”), on the other.  The settlement effectively

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NBA Commissioner Advocates for Legalized Sports Betting

November 14, 2014 As many of our readers are aware, sports betting is currently illegal in every state, except Nevada, and Delaware to a limited degree.  Despite numerous attempts to legalize sports betting outside these states, federal courts have uniformly rejected such legislation as being in direct conflict with the 1992 federal Professional and Amateur

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Facebook sweepstakes

Marketing Through Sweepstakes Promotions: A Facebook Perspective

Promotional contests and sweepstakes are a terrific marketing tool for businesses.  Social media has provided companies with a free and effective way to increase the number of consumers participating in their promotional contests and sweepstakes.  This article discusses the importance of understanding the rules governing such contests, with a specific focus on Facebook’s Terms applicable

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