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.

Affiliate Marketing Attorneys: Why You Need One

Affiliate Marketing Attorneys: Why You Need One

Blog, Online Marketing & Advertising Law /

Affiliate marketing networks (as well as internal affiliate marketing programs) present businesses with an effective means of leveraging a large pool of independent marketers (“publishers” or “affiliates”), without the need to expend resources locating and negotiating separate contractual arrangements with each of those publishers.  By nature, affiliate marketing involves working with a large volume of […]

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tcpa wrong number class action

TCPA Wrong Number Litigation: A Class Action Story

Blog, Telemarketing Law /

Many of our clients inquire concerning how the Telephone Consumer Protection Act (“TCPA”) treats calls or texts that are placed/sent to the wrong number. This is particularly relevant in the case of class action litigation, begging the question: can a class of wrong-number call/text recipients get certified? A recent decision by a federal district court

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California Attorney General Announces New CCPA Changes

California Attorney General Announces New CCPA Changes

Blog, Data & Privacy Law /

California Attorney General Xavier Becerra first announced changes to the California Consumer Privacy Act (“CCPA”), effective March 15, 2021. In August 2020, the Office of Administrative Law (“OAL”) approved the California Department of Justice’s final CCPA regulations. The March 15, 2021 CCPA changes attempt to strengthen and clarify the language set forth in the finalized

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Trademark Rights Law: Penn State Not Geographically Descriptive

Trademark Rights Law: Penn State Not Geographically Descriptive

Blog, Trademark & Copyright Law /

On February 21, 2019, Pennsylvania State University (the “Applicant”) filed a trademark application with the United States Patent and Trademark Office (“USPTO”), seeking registration of: 1) the word mark PENNSTATE HEALTH; and 2) the words PENNSTATE HEALTH with a logo of a Nittany lion (the “Marks”). The Trademark Examining Attorney refused registration of the Marks,

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Federal Privacy Law: One National Standard

Federal Privacy Law: One National Standard

Blog, Data & Privacy Law /

On March 10th, Congresswoman Suzan DelBene (D-WA) introduced the Information Transparency and Personal Data Control Act (the “Act”). The Act is intended to create a federal privacy law: one national standard for consumer data privacy regulation, that would supersede a patchwork of (potentially) 50 state privacy laws. As we have previously blogged, Virginia recently passed

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Fantasy Sports Lawsuit, FanDuel

Daily Fantasy Sports Law News: Class Action Lawsuit Filed Against FanDuel

Blog, Sweepstakes & Gaming Law /

In a substantial development in the world of daily fantasy sports law, a behemoth in the industry, FanDuel, has been named in a multi-state class action lawsuit involving its online sportsbook platform.  The lawsuit alleges various state consumer protection law violations which, the plaintiff claims, resulted in sports bettors being induced into risky wagers that

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UPDATE: FTC Deceptive CBD Advertising Consent Orders Approved

Blog, Online Marketing & Advertising Law /

Recently, we wrote concerning six cannabidiol (“CBD”) companies (the “Sellers”) that had settled enforcement actions with the Federal Trade Commission (“FTC”). On March 5, 2021, following public comment, the FTC approved final administrative consent orders against the Sellers for engaging in deceptive CBD marketing practices. Although CBD was removed from the Controlled Substances Act (“CSA”)

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