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.

David Klein for Inman.com: How ShowingTime's Privacy Policy Ties Zillow's Hands

How ShowingTime’s Privacy Policy Ties Zillow’s Hands

Written by Patrick Kearns for Inman.com February 16, 2021 In the wake of Zillow’s acquisition of ShowingTime, real estate agents who used the platform were concerned about data. The fear expressed was that data from their clients, data regarding showings, is now sitting in the hands of a company it sometimes considers a competitor.  Zillow was clear that the […]

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FCC TCPA clinical trial ruling

FCC TCPA Ruling Exempts Certain Clinical Trial Calls

In a January 15, 2021 ruling, the Federal Communications Commission (“FCC”) exempted certain telephone calls from the Telephone Consumer Protection Act (“TCPA”) ban on artificial or pre-recorded calls to residential lines.  Acurian, Inc., a company that recruits participants for clinical trials, petitioned for the TCPA exemption, arguing that the calls at issue were not made

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Trademark Dispute

Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark

On February 1, 2021, Pop Warner Little Scholars, Inc. (“PWLS”) and Pop Warner Authentic, Inc. (“PWA”) (collectively, “Pop Warner”) filed a complaint for trademark infringement against Hanesbrands, Inc. (“Hanes”) in the United States District Court for the Central District of California. Pop Warner is seeking injunctive relief and damages stemming from these infringement allegations. Given

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False Advertising smoked cheese

False Advertising Case Claims Supermarket’s ‘Smoked’ Cheese Is Not Really Smoked

On January 27, 2021,  Michael Fleischer (“Plaintiff”) filed a class action lawsuit in the Eastern District of New York against supermarket chain Aldi Inc. (“Aldi”) for allegedly misrepresenting the source of the smoke flavor in its Smoked White Cheddar Cheese. Specifically, the complaint in this false advertising case alleges that Aldi misled consumers in failing

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mobile app contest

Developing a Mobile App Contest? Good News: Gambling Apps Soon to be Allowed in Google Play Store!

Effective March 1, 2021, the Google Play store will allow real-money mobile app contests, advertising related to real-money gambling, and daily fantasy sports (“DFS”) in 19 countries, including the United States. The apps will be required to meet certain requirements as set forth in the Google Play Policy Center. Currently, gambling apps are only allowed

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Golden State Warriors Lawsuit

Website ADA Lawsuit Filed Against Golden State Warriors

The Golden State Warriors (the “Warriors”) are the latest high-profile company to have a website-related American with Disabilities Act (“ADA”) lawsuit filed against them. On January 21, 2021, a class action complaint was filed in the United States District Court for the Northern District of California, alleging that the Warriors website, https://shop.warriors.com/, violates the ADA

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