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.

Supreme Court Addresses TCPA Fax Issue

June 24, 2019 As the United States Supreme Court (“SCOTUS”) wraps up its term, it released a decision concerning whether a federal district court is obligated to follow a Federal Communications Commission Order (“FCC”) regarding the junk fax provisions of Telephone Consumer Protection Act (“TCPA”).   Industry pundits had been patiently awaiting a decision on the […]

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USPS Introduces New CBD Mailing Policy

June 19, 2019 In March, we notified readers of a guidance letter that the United States Postal Service (“USPS”) had issued which addressed how cannabidiol (“CBD”) products may be sent via U.S. Mail. On June 6, 2019, the USPS provided more concrete guidance by revising Publication 52, Hazardous, Restricted, and Perishable Mail, to add CBD

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Companies Selling E-Liquids Must Follow Endorsement Guides

June 18, 2019 On June 7, 2019, the U.S. Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) together issued four warning letters to companies manufacturing and marketing flavored e-liquid tobacco products in connection with their failure to include required nicotine warning statements in social media posts.  Under the Federal Food, Drug and

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Sports Gambling Law: Court Strikes Down DOJ Wire Act Opinion

June 7, 2019 In a significant development in the world of sports gambling law, the United States District Court for the District of New Hampshire has ruled against the Department of Justice (“DOJ”), striking down its recent opinion concerning the Wire Act’s application beyond sports betting. Why did the Court strike down the Wire Act

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Nevada Privacy Law Amended to Include Opt-Out Rights

June 7, 2019 On May 29, 2019, Senate Bill 220 (the “Law”) was signed into law by Nevada Governor Steve Sisolak. The Law amends Nevada’s privacy law to grant consumers the right to prevent certain businesses from selling their personally identifiable information. Businesses that were already preparing for California’s Consumer Privacy Act (“CCPA”) (which takes

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Privacy Policies and the California Consumer Privacy Act (CCPA)

June 6, 2019 On June 28, 2018, California enacted the California Consumer Privacy Act (“CCPA”), a groundbreaking, consumer-friendly, privacy law unlike any predecessor in the United States.  The California Consumer Privacy Act will impact almost all US-based businesses that collect consumer data from California State residents, as well as companies that provide assistance in connection

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FTC Settles Another Free Trial Law Investigation

June 6, 2019 Last week, the Federal Trade Commission (“FTC”) announced that it had settled a free product trial lawsuit brought against Triangle Media Corp., Jasper Rain Marketing LLC, Hardwire Interactive Inc., Global Northern Trading Ltd., Brian Phillips, and Devin Keer (collectively, “Defendants”). The FTC’s free trial law complaint and amended complaint both alleged that

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