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.

Daily Fantasy Ruling Could Spur Change To NY Gambling Ban

Daily Fantasy Ruling Could Spur Change To NY Gambling Ban

A New York State appellate court has issued a ruling on daily fantasy sports that could change the State’s constitutional ban on gambling. By Zachary Zagger Law360 (February 11, 2020, 10:21 PM EST) — A New York state appellate court has thrown daily fantasy sports into hot water by finding that contests like those offered […]

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CA Attorney General Releases New CCPA Law Modifications

CA Attorney General Releases New CCPA Law Modifications

Recently, the California Consumer Privacy Act (“CCPA”) regulations were modified by the California Attorney General. The latest CCPA law modifications were released on February 7, 2020, in an attempt to address issues that were raised during the public hearing and comment period that followed the release of the proposed regulations on October 11, 2019. The

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New York Appeals Court Finds Fantasy Sports Law Unconstitutional

New York Appeals Court Finds Fantasy Sports Law Unconstitutional

In what is potentially a major setback for the industry, a New York State appellate court recently ruled that the State’s 2016 fantasy sports law violates the State’s constitutional ban on gambling.  Along with striking the portion of the law that legalized and regulated the industry, the court also invalidated the portion of the law

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LendEDU to Settle Alleged FTC Marketing Law Violations

LendEDU to Settle Alleged FTC Marketing Law Violations

In response to an administrative complaint filed by the Federal Trade Commission (“FTC”), Shop Tutors d/b/a LendEDU (“LendEDU”) has agreed to enter into a settlement agreement to address allegations that it violated federal marketing law.  Specifically, the FTC alleged that LendEDU violated Section 5 of the FTC Act by misleading prospective customers into believing that

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Bachelor Contestants Embroiled in Fantasy Sports Law Controversy

Bachelor Contestants Embroiled in Fantasy Sports Law Controversy

Reality television recently helped turn the public’s attention to the world of fantasy sports law.  Following significant backlash concerning the circumstances of her first-place finish in the Millionaire Maker contest, former Bachelor contestant Jade Roper Tolbert was stripped of a $1 million prize awarded to her by fantasy sports operator DraftKings.  DraftKings released a statement

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Washington gambling law

Proposed Gambling Law Revision Aimed at Protecting Washington State Gaming Industry

January 30th, 2020 This month, the Washington State Senate and House of Representatives each released separate proposed bills – House Bill 2720 and Senate Bill 6568 – aimed at changing Washington’s gambling law.  In response to the Ninth Circuit’s 2018 decision in Kater v. Churchill Downs Inc., Washington State’s legislature is attempting to redefine what

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Cruise Company Defendants Settle FTC-Alleged TSR Violations

Cruise Company Defendants Settle FTC-Alleged TSR Violations

A call center and three (3) individuals associated with a telemarketing effort on behalf of Grand Bahama Cruise Line LLC (“GBCL”) recently settled alleged TSR violations of the Telemarketing Sales Rule (“TSR”) with the Federal Trade Commission (“FTC”).  The FTC intends to litigate this matter against the remaining seven (7) defendants in federal court, including

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