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.

Company Banned for FTC Telemarketing Law Violations - Klein Moynihan Turco LLP

Company Banned for FTC Telemarketing Law Violations

Blog, Telemarketing Law /

The Federal Trade Commission (“FTC”) filed a complaint alleging that Lifewatch, Inc., violated various telemarketing laws by sending consumers misleading robocalls. The FTC claimed that consumers, especially older Americans, were “tricked into paying for supposedly free in-home medical alert devices.” Pursuant to the Lifewatch FTC telemarketing law settlement, the Lifewatch defendants were banned from engaging […]

Company Banned for FTC Telemarketing Law Violations Read More »

Legal Concerns for Product Endorsements by Social Media Influencers - Klein Moynihan Turco LLP

Legal Concerns for Product Endorsements by Social Media Influencers

9 Comments / Blog, Internet Law, Online Marketing & Advertising Law /

In the endless search for new and creative ways to promote products, many advertisers are enlisting the service of social media influencers (“Influencers”) – people whose online popularity and relevance grant them influence over others within their social sphere. Many influencers will make product endorsements on behalf of advertisers through social media platforms (such as Facebook,

Legal Concerns for Product Endorsements by Social Media Influencers Read More »

Trademark Consent Agreements - Klein Moynihan Turco LLP

Trademark Consent Agreements: Applying for a Trademark that is Already in Use by Another Party

Blog, Trademark & Copyright Law /

In July, the Cleveland baseball team announced that it would be changing its name to the “Cleveland Guardians” and submitted a trademark application on an intent to use basis with the United States Patent and Trademark Office (“USPTO”). Apparently, however, the Cleveland Guardians Roller Derby (“Roller Derby”) had already been using the “Cleveland Guardians” mark

Trademark Consent Agreements: Applying for a Trademark that is Already in Use by Another Party Read More »

Do You Need an NFT License Agreement Drafted? - Klein Moynihan Turco LLP

Why You Need an NFT License Agreement

Blog, Internet Law, Online Marketing & Advertising Law /

Non-fungible tokens (“NFTs”) represent a rapidly-growing industry in the online space, with sales exceeding $10.7 billion in the third quarter of 2021 alone. NFTs are unique and frequently one-of-a-kind digital files, such as images or short videos, that use blockchain technology to establish verified proof of ownership. If you are interested in creating and selling

Why You Need an NFT License Agreement Read More »

Classifying Your Workers as Independent Contractors or Employees - Klein Moynihan Turco LLP

Classifying Your Workers as Independent Contractors or Employees

14 Comments / Blog, Internet Law /

Over the past few years, there has been a concerted effort by the US Department of Labor and state attorneys general to target businesses that misclassify employees as independent contractors. Utilizing independent contractors can, under some circumstances, help to reduce payroll expenditures and limit potential employment-related lawsuits and liability.  However, courts and regulatory agencies have increasingly ruled against businesses’

Classifying Your Workers as Independent Contractors or Employees Read More »

How to Design An NFT Giveaway Like MCD's McRib - Klein Moynihan Turco LLP

How the McRib Became An NFT Giveaway

Blog, Online Gambling Law, Online Marketing & Advertising Law, Sweepstakes & Gaming Law /

Before reintroducing the McRib in its restaurants on November 1st, McDonald’s created an NFT (short for non-fungible token) giveaway to celebrate the 40th anniversary of launching this seasonal sandwich. By turning its attention to the Internet, McDonald’s was able to secure an audience infatuated with the newness of NFTs, as well as connect with loyal McRib

How the McRib Became An NFT Giveaway Read More »

work-for-hire agreements

Work-For-Hire Clauses and Agreements: One Key to Intellectual Property Ownership

15 Comments / Blog, Trademark & Copyright Law /

What is a Work-for-Hire? A “work made for hire” (“work-for-hire”) is a work created by an employee as part of her or his job and, in some circumstances, an independent contractor, where all parties agree in writing that the work created by such an indepedent contractor should be considered a work-for-hire. A work-for-hire is considered

Work-For-Hire Clauses and Agreements: One Key to Intellectual Property Ownership Read More »