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.

To Be or Not To Be Cancelled: Trademark Cancellation Procedures - Klein Moynihan Turco LLP

To Be or Not To Be Cancelled: Trademark Cancellation Procedures

Whether you own a registered trademark or contest a trademark registration, it is important to understand the various trademark cancellation procedures. A trademark is a word, phrase, symbol, design, or a combination thereof, that identifies and distinguishes the source of goods/services. A trademark is ineligible for registration with the United States Patent and Trademark Office […]

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California Data Broker Registration Requirements - Klein Moynihan Turco LLP

California Data Broker Registration Requirements

In 2019, the California State Legislature passed Assembly Bill No. 1202 (“A.B. 1202”), amending the California Consumer Privacy Act (“CCPA” or the “Act”). The amendment requires qualified businesses to register as data brokers with the Office of the California Attorney General (“OAG”). Data brokers that fail to register are subject to civil penalties.

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New Utah Privacy Law - Klein Moynihan Turco LLP

Utah Privacy Law

The Utah Consumer Privacy Act (“UCPA” or the “Act”) is on its way to the Governor’s desk. The Act cleared the State Senate on February 25 and was unanimously approved by the House of Representatives on March 2. If written into law, Utah will be the fourth state to pass comprehensive consumer data privacy legislation. Please note

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Let’s Get into the Weed of It: A Guide to Marijuana Marketing

Let’s Get into the Weed of It: A Guide to Marijuana Marketing

Recently, New York (“NY”) State’s Cannabis Control Board (the “Board”) took significant steps towards implementing the Marijuana Regulation and Taxation Act. Specifically, on February 17, 2022, the Board approved Medical Cannabis Program regulations to be released for public comment, including proposed marijuana marketing regulations. In addition, on February 22, the NY Governor signed into law

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New NY Marijuana Advertising Laws - Klein Moynihan Turco LLP

New NY Marijuana Advertising Regulations 

On February 17, 2022, the New York (“NY”) State Cannabis Control Board approved the filing of proposed Medical Cannabis Program regulations to be released for public comment. The regulations implement various aspects of the Marijuana Regulation and Taxation Act. Of note, the law includes comprehensive NY marijuana advertising regulations. While medical marijuana cannot be advertised

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NFT-Influencer Contracts: Don't Get Cancelled - Klein Moynihan Turco LLP

NFT-Influencer Contract: Don’t Get Cancelled

In this age of Social Media, NFT minters and businesses in general are enlisting the advertising services of influencers – people whose online popularity and relevance grant them influence over others within their social spheres. Many influencers will make product endorsements on behalf of advertisers through social media platforms (such as Facebook, YouTube, Instagram, and TikTok)

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Robocall Violations, VoIP Providers, and the FTC

Robocall Violations, VoIP Providers, and the FTC

The Federal Trade Commission (“FTC”) recently sent a strong message in enforcing its demands for information from certain VoIP providers. As part of an investigation into alleged robocall violations, the FTC sent letters demanding information from VoIP providers concerning certain telemarketing users. When the service providers failed to comply with the demands, the FTC sued

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NY Privacy Act Passes First Step - Klein Moynihan Turco LLP

NY Privacy Act Out of First Committee

On February 8, 2021, the New York Privacy Act (the “Act” or “NY Privacy Act”) was approved by the New York Senate Consumer Protection Committee. A similar bill was also introduced before the New York State Assembly. The Act, introduced by Senator Kevin Thomas in May 2021, aims to “strengthen consumer privacy rights by requiring companies to disclose their

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