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.

What are NFT dApps? - Klein Moynihan Turco LLP

What are NFT dApps?

While NFTs (“non-fungible tokens”) typically take the form of sellable digital art pieces, NFTs can be so much more. NFTs are unique, often one-of-a-kind, digital files (usually images, photographs or short videos) that use blockchain technology to establish proof of ownership. In general, NFTs are created (“minted”), purchased from the minter, and then (where allowed) re-sold […]

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Sweepstakes Promotions: Winner Selection Tips - Klein Moynihan Turco LLP

Sweepstakes Promotions: Winner Selection Tips

How to Navigate the Winner Selection Process for Sweepstakes Promotions Sweepstakes promotions continue to be a popular tool that businesses use for customer acquisition, engagement, and retention.  However, several aspects of these promotional contests (e.g., marketing and the logistical considerations associated with running such contests) can come with legal risks for sweepstakes operators. Specifically, the method of

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The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up

The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up

Thirty years ago, telemarketers exclusively used phone calls as their preferred advertising medium. In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted advertising calls. Today, telemarketing has shifted its focus from phone calls to text messages. The Federal Communications Commission (“FCC”) has determined that a text message and a

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Why Your Sweepstakes Needs a Privacy Policy - Klein Moynihan Turco LLP

Why Your Sweepstakes Promotion Needs A Privacy Policy

Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways, and sweepstakes are invaluable tools for businesses looking to attract new customers and build a customer database. Sweepstakes drive consumers to provide their information to a business in exchange for the chance to win prizes and other benefits. Please take note that, for each sweepstakes, a

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The Importance of an End User License Agreement - Klein Moynihan Turco LLP

The Importance of an End-User License Agreement (EULA)

Any business that offers mobile applications (“apps”) or other software programs over the Internet needs an End-User License Agreement (“EULA”) that end-users must agree to, in full, prior to downloading the applicable software/apps. EULAs are essential in establishing developers’ ownership rights, while setting forth the limited, conditional license terms that end-users acquire in the underlying

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Privacy Policies for Websites and Mobile Applications - Klein Moynihan Turco

Privacy Policies for Websites and Mobile Applications

While some businesses might be under the impression that their websites or mobile applications (“app”) privacy policies are of little importance, in truth, a well-crafted privacy policy is a critical requirement for any Internet or mobile venture. Letting website/mobile app visitors know, via your privacy policy, about your online data collection activities is not only a good policy from

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Colorado’s New Automatic Renewal Law Effective January 1, 2022 - Klein Moynihan Turco LLP

Colorado’s New Automatic Renewal Law Effective January 1, 2022!

On January 1, 2022, Colorado’s new automatic renewal law will come into effect; a complete revamp of the old statute. With its updated law, Colorado joins the ranks of states with some of the most extensive automatic renewal laws. Marketers and businesses who want to offer subscription services or other automatic renewal plans to consumers

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How Can Employers Effectively Implement Social Media Policies? - Klein Moynihan Turco LLP

Effectively Implementing Social Media Policies in the Workplace

Social media platforms provide new and convenient ways for employees to discuss working conditions and engage in other protected activities. Given the collective nature of social media, employers must carefully comply with the National Labor Relations Act (the “Act”) if they want to effectively implement company-wide social media policies. The stated goal of the National

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