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.

CCPA enforcement

I Received a CCPA Enforcement Notice! How do I Respond?

On July 1, 2020, the California State Attorney General (“AG”) began enforcement action against businesses that it believes have violated the California Consumer Privacy Act (“CCPA”). In anticipation of the July 1 deadline, it was unclear how the AG would prioritize CCPA enforcement. It was thought that the AG would target the largest businesses for […]

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robocall law

NY AG to Investigate Election-Related Robocall Law Violations

On November 3, 2020, Election Day, New York Attorney General Letitia James issued a press release addressing suspicious robocalls received by New York residents in the run up to the election. According to Attorney General James, many New Yorkers received automated calls “spreading disinformation and encouraging people to stay home on election day.” If true,

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mobile game app

Thinking of Creating a Mobile App Game? Read this Cautionary Tale

Producing gaming applications has proven to be a successful business model that, when done correctly, can grow beyond the games themselves into movies, merchandise and more. However, when corners are cut, lawsuits and regulatory problems can keep a good idea from reaching its commercial potential. Prior to launch, developers should consult with a gaming attorney

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tcpa laws

AT&T Asks SCOTUS to Stay Appeal Pending its TCPA Law Decision

For several years, courts across the country have struggled to define the term “Automatic Telephone Dialing System” (“ATDS”) within the context of the Telephone Consumer Protection Act of 1991 (“TCPA”). The TCPA prohibits making calls or sending text messages “(other than a call made for emergency purposes or made with the prior express consent of

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trademark law fair use

Jack Daniel’s Petitions for Certiorari to Clarify Trademark Fair Use

In April, we blogged about the Ninth Circuit’s ruling in the matter of VIP Products LLC v. Jack Daniel’s Properties, Inc. VIP Products LLC (“VIP”) designs chew toys that are made to humorously resemble well-known alcohol and soda brands. Naturally, VIP created a chew toy modeled after the Jack Daniel’s Properties, Inc. (“Jack Daniel’s”) iconic

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New ADA website legislation

New ADA Website Legislation Introduced

Updated February 10, 2021. Each year, litigation related to the accessibility of websites for people with disabilities continues to increase. Most jurisdictions have determined that websites are places of public accommodation that are subject to the Americans with Disabilities Act (“ADA”). Unfortunately, for some time, the Department of Justice (“DOJ”), tasked with ADA regulation and

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