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.

Online Gambling May Soon Be Legal in Illinois

If you have been following our blog, you will be familiar with the evolution of laws relating to online gambling in the U.S. and know that Illinois was the first state to operate an online lottery ticket program.  It now appears that Illinois may soon take the next step to legalizing Internet poker and other online […]

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Iowa Set to Legalize Fantasy Sports Gambling?

Individuals have been engaging in Internet-based fantasy sports leagues since 2006, when the Federal Government created a specific carve-out for fantasy sports in the Unlawful Internet Gaming Enforcement Act.  However, the ability to collect monetary prizes was left to the discretion of the individual states.  While the vast majority of states allow residents to collect

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Is It Illegal to Have Cash Prizes For Fantasy Sports Contests?

The short answer to the question posed in the title is, “it depends on the jurisdiction and the features of the fantasy sports game.” In terms of federal law, the 2006 Unlawful Internet Gambling Enforcement Act (“UIGEA”) created a specific carve out for fantasy sports games that meet certain criteria.  In order to fall within

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FTC Goes After Text Message Fraud

Last week, the Federal Trade Commission (FTC) filed a complaint in the United States District Court for the Northern District of Illinois, targeting several prominent advertising companies, including SubscriberBASE and All Square, for what it alleges are deceptive and unfair advertising practices. SubscriberBASE and All Square maintain several websites which advertise “free” merchandise to consumers

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New Jersey Sports Gambling Law Suffers a Setback

A New Jersey State law legalizing sports gambling in Atlantic City casinos suffered a major setback in federal court yesterday.  The New Jersey law legalizing sports gambling was passed in early 2012, and was almost immediately challenged in court by the NFL, NHL, NBA, Major League Baseball and the NCAA.  In addition, the NCAA has

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Copyright Alert System Is Launched

The Copyright Alert System (“CAS” or “Six Strikes”), which was developed by the Center for Copyright Information, was launched yesterday in conjunction with five major Internet Service Providers (“ISP”): AT&T, Cablevision, Comcast, Time Warner Cable and Verizon.  The Copyright Alert System is designed to address the illegal downloading of copyrighted works – like movies, music

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Federal Court’s Certification of TCPA Class for Alleged Text Message Spam May Result in Numerous Copycat Class Actions

The Telephone Consumer Protection Act, 42 U.S.C. §§ 227 et seq. (“TCPA”) provides for, inter alia, statutory damages to individuals who receive unsolicited telemarketing calls, unsolicited faxes, prerecorded calls or autodialed calls. The TCPA has been interpreted in recent years to also prohibit the sending of unsolicited text messages to personal cell phones – unless

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