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.

federal building california wiretapping data privacy laws

Not Going to California – Wiretap Claims Dismissed

A recent decision from a California federal court addresses a more straightforward flavor of wiretapping claims than those that have caused a drastic increase in consumer privacy litigation. Below, we discuss: (1) the wiretapping claims asserted in the lawsuit; (2) the decision and the judge’s accompanying reasoning; and (3) its implications for businesses. No California […]

Not Going to California – Wiretap Claims Dismissed Read More »

guy on phone lead generation leads

Is Legal Lead Generation Finished?

Recently enacted Colorado legislation targeting lead generation legal marketing is slated to become effective August 12, 2026. As such, it is imperative for our readers to immediately consider this significant development. Below, we discuss the legislation and its future impact on the lead generation legal marketing industry. Summary of Legal Marketing Lead Generation Act Senate

Is Legal Lead Generation Finished? Read More »

person on the phone through a window CIPA wiretap

Is Anyone Listening? CIPA Wiretap Claims Survive Dismissal

Readers of this blog are well aware of the rise in consumer privacy litigation involving California Invasion of Privacy Act (“CIPA”) wiretap claims. Because CIPA is a broadly worded statute, California courts continue to confront CIPA wiretap claims. A California federal judge recently issued a decision in which she refused to interpret CIPA as expansively

Is Anyone Listening? CIPA Wiretap Claims Survive Dismissal Read More »

Let’s Go to The Session Replay Booth!

Readers of this blog are well aware of the uptick in consumer privacy claims surrounding the online use of session replayand other similar tracking technology. Allegedly aggrieved consumers typically claim that the use of session replay software allows third parties to illegally eavesdrop andwiretap their communications while visiting websites without their consent. In a recent decision from the United States Court of Appeals for the Third Circuit (“Third Circuit”), the Court reviewed a district court’s

Let’s Go to The Session Replay Booth! Read More »

california data picture of the california flag and the american flag data and privacy law

More California Data Privacy Legislation

When it comes to consumer data privacy, California leads the country in legislative action. As continued evidence of this, earlier this year, lawmakers introduced two bills designed to strengthen data privacy protections for California State consumers. Below, we discuss the California data privacy bills and the potential implications for companies that process Californians’ data. What

More California Data Privacy Legislation Read More »

Get Out of TCPA Jail Free Card? Maintain a DNC Policy! 

An oft-discussed topic with which our readers are familiar is the National Do Not Call (“DNC”) registry. A lesser discussed topic is the Telephone Consumer Protection Act’s (“TCPA”) regulations relating to maintenance of written DNC policies.In this piece, we discuss the: (1) information that should be included in a DNC policy; (2) importance of maintaining DNC-related policies and procedures; and (3) potential implications that may arise from failing to implement a DNC policy.    Think You’re Sunk? Having a DNC Policy

Get Out of TCPA Jail Free Card? Maintain a DNC Policy!  Read More »

woman with wedding ring on taking a call on her cell phone do not call list

Proceed With Caution – DNC List Lawsuit Ends With Massive Settlement

Our readers know that making unsolicited telephone calls to consumers whose telephone numbers are on the National Do Not Call registry (“DNC List”) is a big no-no. The latest evidence of this is a class action lawsuit against a subscription-based entertainment services provider that allegedly engaged in a practice in which it placed telemarketing calls

Proceed With Caution – DNC List Lawsuit Ends With Massive Settlement Read More »