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.

A Different Kind of Hockey Fight: Does Trademark Law Protect “Play Gloria”?

Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law /

July 18, 2019 In April, the St. Louis Blues (the “Blues”) hockey team made an improbable run from being dead-last in the standings in January, to winning the National Hockey League’s (“NHL”) Stanley Cup Final at season’s end. Throughout that run, Laura Branigan’s 1982 disco hit “Gloria” became the Blues signature song used to celebrate […]

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FDIC Brings TCPA Action Against Bank

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

July 15, 2019  On March 1, 2019, the Peoples Bank and Trust Company (“Bank”) agreed to a stipulation and order with the Federal Deposit Insurance Corporation (“FDIC”) based in part on alleged violations of the Telephone Consumer Protection Act (“TCPA”). The FDIC’s TCPA action order also alleged that the Bank violated Section 8(i)(2) of the

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Illinois Enacts Sports Gambling Law

Blog, Data & Privacy Law, Journal, Online Gambling Law, Online Marketing & Advertising Law /

July 10, 2019 At the end of June, Illinois Governor J.B. Pritzker signed into law a massive gaming initiative, which includes legalized sports gambling.   While the sports gambling law’s passage does not mean that wagers on sporting events can be accepted right away, it does represent a major legal change in one of the country’s

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New York Privacy Law Could be Strictest in the Country

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law /

July 9, 2019 On May 9, 2019, New York State Senator Kevin Thomas introduced S5642, the New York Privacy Act (the “Act”), to amend the general business law in relation to the management and oversight of consumer personal information. Senator Thomas, citing a 2014 Pew survey, is concerned that Americans may have lost control over

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CCPA Compliance: Consumer Information Requests, Data Mapping and the California Consumer Privacy Act (CCPA)

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July 8, 2019 Similar to the EU’s General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”) grants consumers the right to submit an information request to (and obtain certain information from) businesses with respect to how those businesses collect, store, process, use and share the subject consumers’ personal information.  Under the statute, in

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FUCT?: Trademark Law Ruling Will Protect Certain Immoral and/or Scandalous Marks

Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law /

June 27, 2019 On June 24, 2019, in a 6-3 decision, the United States Supreme Court ruled that barring the registration of the trademark “Fuct” would infringe upon the applicant’s First Amendment rights. In 2011, Mr. Erik Brunetti (“Applicant”) applied to register the word mark “Fuct,” an acronym that (he maintains) was derived from the

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CCPA Compliance: Service Provider Agreements and the California Consumer Privacy Act (CCPA)

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law /

June 26, 2019 Although the CCPA is not due to go into effect until January 1, 2020, businesses should take the necessary steps to ensure full CCPA compliance well ahead of that date. By way of background, the California Consumer Privacy Act (“CCPA”) is a consumer-friendly privacy law that mirrors the EU’s General Data Protection

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