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.

False Advertising smoked cheese

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

Blog, Online Marketing & Advertising Law /

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!

Blog, Online Marketing & Advertising Law /

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

Blog, Internet Law /

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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Law 360 Logo

1st Circ. Ruling Is A High-Wire Act For Sports Betting Market

Blog, Online Gambling Law, Publications, Sweepstakes & Gaming Law /

By Zachary Zagger Law360 (January 25, 2021, 9:47 PM EST) — The First Circuit’s recent ruling that the federal Wire Act’s prohibition on interstate communications for wagering applies only to sports betting affirmed a narrow view of the 60-year-old criminal law that attorneys say is a major win for the online lottery and gambling industries, even

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federal wire act

Breaking: First Circuit Limits Federal Wire Act to Sporting Events and Contests

Blog, Online Gambling Law, Sweepstakes & Gaming Law /

In 2019, The United States District Court for the District of New Hampshire ruled against the Department of Justice (“DOJ”), concluding that the “Wire Act applies only to transmissions related to bets or wagers on a sporting event or contest.” On January 20, 2021, the First Circuit Court of Appeals affirmed the District Court’s decision,

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ny privacy act

NY Assembly Reintroduces NY Privacy Law

Blog, Data & Privacy Law, Legal Advice /

The New York Assembly recently reintroduced the New York Privacy Act (the “Act” or “NY Privacy Law”) which, if enacted, would severely restrict how businesses can collect, use and share consumer personal information throughout the State. An identical bill was introduced in the last legislative session, but it failed to make it out of committee.

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prop 65 warning

California Prop 65 Warning to be Amended?

Blog, Online Marketing & Advertising Law /

On January 8, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed to amend the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (“Prop 65”). In 2016, OEHHA adopted new Article 6 Clear and Reasonable Warnings regulations, providing manufacturers with a “short-form” warning alternative that did not

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