David Klein Internet Law Attorney

Interstate Online Poker Websites May Soon Be Linked Through One Online Portal

We previously detailed the passage of an amendment to Nevada’s online poker law that allows Nevada’s governor to reach agreements to create joint player pools with residents of other states. Since passage of the amendment, Nevada has entered into an interstate online poker compact with Delaware, and it is widely believed that an agreement with New Jersey will soon follow. Despite both […]

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FTC Sues Amazon For Alleged In-App Purchasing Scheme Targeting Children

Leave a Comment / Journal / David Klein

#142633242 / gettyimages.com The Federal Trade Commission (“FTC”) recently sued Amazon.com (“Amazon”) in the action captioned Federal Trade Commission v. Amazon.com, Inc., Case No. 14-CV-1038 (W.D. Wash.), for an alleged scheme involving deceptive in-application charges. The In-App Charge Scheme According to the Complaint, Amazon offers thousands of apps through its mobile app store, including games

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Duke University and John Wayne Duke It Out over Trademark Rights

Leave a Comment / Journal, Trademark & Copyright Law / David Klein

Earlier this month, Duke University and the estate of actor John Wayne (incorporated as John Wayne Enterprises, LLC (“JWE”)) became embroiled in a lawsuit concerning the use of the word “Duke,” John Wayne’s nickname, in connection with the marketing and sale of whiskey. According to the documents filed in the Middle District Federal Court of

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Ninth Circuit Outlines TCPA Vicarious Liability Standard

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

On July 2, 2014, the United States Court of Appeals for the Ninth Circuit issued a ruling outlining the vicarious liability pleading standard under the Telephone Consumer Protection Act (“TCPA”). Since the Federal Communications Commission’s (“FCC”) declaratory ruling in the Dish Network matter (See FCC Issues New TCPA Ruling on Telemarketing Liability), which held that

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FTC Sues Corporate Officers For Alleged Robocall and Text Message Marketing Scheme

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

The Federal Trade Commission (“FTC”) recently filed its amended complaint in the action captioned Federal Trade Commission v. Acquinity Interactive, LLC, et al., Case No. 14-CV-60166 (S.D. Fl.), naming the owners of several companies allegedly engaged in a text message and robocall scheme involving offers for “free” merchandise, such as gift cards and iPads. The

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New Canada Anti-Spam Legislation (CASL): A Litigation Perspective

Leave a Comment / Journal / David Klein

What is Canada’s Anti-Spam Legislation (“CASL”)? CASL was passed into law on December 15, 2010, over vigorous objection by various business interests, and became effective on July 1, 2014. CASL can best be understood as a draconian, Canadian hybrid of the U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”) and the

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Content Providers Beware: Federal Trade Commission Sues T-Mobile for “Cramming”

Leave a Comment / Journal / David Klein

On July 1, 2014, the Federal Trade Commission (“FTC”) commenced an action against T-Mobile USA, Inc. (“T-Mobile”) for unlawfully “cramming” third-party content provider charges on consumer telephone bills. In a press release issued by the FTC on Tuesday, the FTC noted that the filing of this lawsuit is consistent with its ongoing “significant efforts to

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