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.

Court Finds No Long Arm Jurisdiction Exists Over Principal in TCPA Lawsuit

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A federal judge for the District of Utah declined to exercise jurisdiction over the principal of a New York company that is being sued for violating the Telephone Consumer Protection Act (“TCPA”).  The lawsuit involves claims by the plaintiff that N&G Capital LLC, M&S Recovery Solutions LLC and their respective principal violated the TCPA and […]

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Federal Trade Commission Provides Additional COPPA Amendment Guidance

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As we previously reported, the Federal Trade Commission (FTC) adopted final amendments to the Children’s Online Privacy Protection Rule (COPPA), effective on July 1, 2013, that serve to: (i) strengthen online privacy protection for children under 13 years of age; and (ii) ensure that parents are given an increased role in controlling their children’s online

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Deceptive Advertising Lawsuits Filed by Multiple State Attorneys General against 5-Hour Energy

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#121941295 / gettyimages.com Major supplement marketers of the popular 5-Hour Energy drink, Living Essentials, LLC and its parent Innovation Ventures LLC (“Defendants”), have been named in three (3) separate lawsuits brought by the respective Offices of the Attorney General of Oregon, Vermont and Washington.  Among other things, the civil complaints allege that the Defendants are

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Cactus Juice Marketers Agree to Pay $3.5 Million to FTC

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On July 11, 2014, the Federal Trade Commission (“FTC”) announced a $3.5 million settlement with TriVita, Inc. (“TriVita”), Ellison Media Company (“EMC”) and their respective principals.  The FTC filed a complaint against the parties on July 10, 2014 in the United States District Court for the District of Arizona.  The FTC alleged that TriVita and

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

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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

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#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

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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

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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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