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.

sweepstakes law

Sweepstakes Law: A Primer on How to Run Compliant Promotions

Sweepstakes promotions are sweeping the nation. With each month and season comes a new and innovative contest. Entities in the not-for-profit sector are getting in the game as well! From Draft Kings, to the National Collegiate Athletic Association (“NCAA”), to the Queens Public Library and countless others, if you’re not running a sweepstakes promotion, you

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The CPPA and Federal Preemption of State Data Privacy Laws?

Without a federal consumer data privacy law construct, legislators from several states have been promulgating their own, individual regulations. Of the five states that have comprehensive laws on the books (California, Colorado, Connecticut, Virginia and Utah), California was the pioneer, the first to enact a state consumer privacy law when it passed the California Consumer

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Marketing Partner Lists, The FCC, and Telemarketing’s Future

On February 23, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a telemarketing Report and Order and Further Notice of Proposed Rulemaking (“FNPR”). Most notably, the FCC telemarketing FNPR seeks to: (1) extend the reach of the Do-Not-Call (“DNC”) Registry to specifically include text messages; and (2) restrict the use of marketing partner lists

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deceptive advertising

Deceptive Amazon Marketing and the FTC

On February 16, 2023, the Federal Trade Commission (“FTC”) fined The Bountiful Company (“Bountiful”) $600,000 for its misleading marketing practices on the Amazon e-commerce site. The FTC is a United States governmental agency whose primary mission is to protect consumers and enforce civil antitrust laws. Bountiful is a New York State corporation that markets and

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Cryptocurrency Marketing

SEC Charges Paul Pierce with Cryptocurrency Marketing Violations

Companies often hire celebrities to promote their goods and services. It is an efficient and lucrative way to generate attention and interest in brands. Keep in mind that individuals who promote and tout such products and services are subject to applicable marketing regulations. This is true in all industries, including in the securities space. The U.S. Securities and Exchange Commission (“SEC”) has unapologetically pursuedcompanies, celebrities and other individuals who

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state privacy policy

Businesses Must Make State Specific Privacy Policy Changes! 

The states of Colorado, Connecticut, Utah and Virginia recently enacted new state data privacy laws (and California passed significant revisions to its existing data privacy law) that require tailored-to-each-state privacy policy changes.  While the California Privacy Rights Act (“CPRA”) and Virginia Consumer Data Protection Act (“VCDPA”) went into effect on January 1, 2023, the Colorado

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