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.

National Basketball Association NFT Marketing Efforts Exploited - Klein Moynihan Turco LLP

National Basketball Association NFT Marketing Efforts Exploited

On April 20, 2022, the National Basketball Association (“NBA”) engaged in a bit of NFT marketing and released 18,000 free NFTs in an exclusive drop, available only to its Discord server’s earliest members. In dropping “The Association” NFT collection (the “Collection”), the NBA had intended to allow each of its qualifying Discord channel members to

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California Automatic Renewal Law

California Strengthens its Automatic Renewal Law

On July 1, 2022, California Assembly Bill No. 390 (the “Amended Law”) will go into effect. The Amended Law revised Section 17602 of California’s Business and Professions Code, requiring businesses to adapt to a stricter Automatic Renewal Law (“ARL”). After July 1, companies offering automatically renewing subscription services to California State customers must, among other things,

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NFT App Permitted to Return to the Apple App Store - Klein Moynihan Turco LLP

NFT App Permitted to Return to the Apple iOS Store

As our readership knows, NFTs are unique and often one-of-a-kind digital files, such as images or short videos, that use blockchain technology to establish publicly, verifiable proof of ownership. What you might not know is that Apple Inc. (“Apple”) bars NFT apps that sell and trade NFTs from its iOS platform. In an attempt to creativity comply with

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Kohl’s and Walmart Fined $5.5 Million for Marketing Law Violations - Klein Moynihan Turco LLP

Kohl’s and Walmart Fined $5.5 Million for Marketing Law Violations

On April 8, 2022, Kohl’s and Walmart were fined for violating federal marketing laws, resulting from a Federal Trade Commission (“FTC”) investigation alleging that the businesses had: 1) falsely marketed dozens of rayon textile products as being made of bamboo; and 2) misleadingly claimed that such “bamboo-derived” textiles were made using ecofriendly processes. In reality,

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Eighth Circuit Confirms Narrow TCPA Autodialer Definition - Klein Moynihan Turco LLP

Eighth Circuit Confirms Narrow TCPA Autodialer Definition

Just one year ago, the U.S. Supreme Court forever changed the telemarketing world with its opinion in Facebook, Inc. v. Duguid. In Facebook, the Court settled a years-long disagreement and clarified how narrow the Telephone Consumer Protection Act’s (“TCPA”) autodialer restriction really is. The restriction only applies when dialing equipment produces the phone numbers to

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Idaho Subscription Law Signed by Governor - Klein Moynihan Turco LLP

Idaho Subscription Law Signed by Governor

On March 23, Governor Brad Little signed the Idaho Subscription bill into law (“Idaho Subscription Law”). The Idaho Subscription Law will regulate subscription offers and automatic renewals that are marketed to consumers on or after January 1, 2023. The law adds provisions to protect consumers from unfair and deceptive trade practices involving the cancellation of subscriptions

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