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 Service Provider Requirements Clarified by California AG

October 24, 2019 Readers of this blog know that we have been analyzing both the draft California Consumer Privacy Act (“CCPA”) regulations and the California Attorney General’s associated effort to clarify and modify the CCPA before it takes effect on January 1, 2020. Today, we would like to address Section 999.314 of the proposed regulations, […]

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Draft CCPA Regulations Contain Important NEW Record-Keeping and Disclosure Requirements

October 18, 2019 Recently, we blogged concerning the California State Attorney General’s release of draft California Consumer Privacy Act (“CCPA”) regulations and the associated request for public comment. In that blog, we highlighted that new obligations had been added that were not included in the CCPA itself. Today, we discuss one such new provision –

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AG Releases Proposed CCPA Regulations

October 16, 2019 When the California Consumer Privacy Act (“CCPA”) was enacted in June 2018, it required the California State Attorney General to adopt regulations on or before July 1, 2020. On October 11, 2019, the widely anticipated draft CCPA regulations were released to the public. The intention of the proposed CCPA regulations is to

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Supreme Court Presented with TCPA Fax Issue

October 11, 2019 The United States Supreme Court (“SCOTUS” or the “Court”) recently began its new term and immediately issued an order involving the Telephone Consumer Protection Act (“TCPA”).  Fast on the heels of a recent decision at the end of the last term in which the Court was presented with a dispute over the

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Mobile App Sweepstakes and the Law

October 10, 2019 The world’s population is increasingly reliant on smart phones and other similar mobile devices.  Businesses have been adjusting to this new reality by pursuing consumer outreach through mobile applications (or “apps”) that can be downloaded and accessed via smart phones.  Regardless of the medium or technology involved, one particularly potent means of

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Domino Effect: Will SCOTUS Refusal to Hear ADA Website Case Yield Flood of Litigation?

October 9, 2019 On October 7, 2019, the United States Supreme Court denied a petition for a writ of certiorari in the matter of Domino’s Pizza LLC v. Robles.  This case involves an Americans with Disabilities Act (“ADA”) claim in which Mr. Guillermo Robles, a blind man, filed a lawsuit against Domino’s Pizza LLC (“Domino’s”)

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Pre-Checked Boxes Do Not Constitute Valid Consent Under GDPR

October 4, 2019 On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”).  Specifically, the Court determined that a company cannot validly obtain a user’s consent to install cookies on his/her computer device

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