Congress Moves Toward Approval of Cannabis Ads on TV and Radio Klein Moynihan Turco LLP

Congress Moves Toward Approval of Cannabis Ads on TV and Radio

In a somewhat indirect move, Congress has advanced the effort to allow television and radio stations to begin accepting cannabis ads in states where it has been approved for medical and/or adult use. More specifically, the House Appropriations Committee advanced the Financial Services and General Government appropriations bill for fiscal year 2023, which includes provisions …

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DraftKings Sued for Alleged Website Accessibility Violations - Klein Moynihan Turco LLP

DraftKings Sued for Alleged Website Accessibility Violations

Robert Jahoda, a visually impaired individual, sued DraftKings for lack of accessibility to its website. Jahoda claims that the DraftKings website is largely incompatible with screen-reading software typically used by blind individuals to access sites on the Internet. DraftKings, a giant in the daily fantasy and sports betting industries, has accessibility measures in place. However, …

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Why Sponsors Must Adhere to Sweepstakes Regulations - Klein Moynihan Turco LLP

Why Sponsors Must Adhere to Sweepstakes Regulations

Businesses continue to use sweepstakes promotions as an exciting way to acquire and retain new customers. But beware: sweepstakes regulations are no joke. Companies seeking to offer consumers the opportunity to enter a sweepstakes promotion, must follow applicable state laws, as well as Federal Trade Commission (“FTC”) regulations when conducting and marketing their sweepstakes promotions. …

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NFT Artist Agreements: What’s the Big Deal? - Klein Moynihan Turco LLP

NFT Artist Agreement: What’s the Big Deal?

Artists have always sought to protect their work, no matter what the medium, from unauthorized reproduction and sale. In the digital media space, companies have been converting art into “minted, ”non-fungible tokens” or “NFTs”: unique, digital replicas or tokens, that are housed on the “Blockchain” and can be purchased with cryptocurrency. How can companies ensure …

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Are FTSA Lawsuits Here to Stay? - Klein Moynihan Turco LLP

Are FTSA Lawsuits Here to Stay?

About a year ago, the Florida Telephone Solicitation Act (“FTSA”) went into effect. The law imposed additional restrictions on telemarketing beyond those contained in the Telephone Consumer Protection Act (“TCPA”) and created a state-based avenue for telemarketing litigation. Over the last year, FTSA lawsuits have changed the telemarketing landscape in Florida. The FTSA even inspired …

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Third Circuit Decision Broadens TCPA Autodialer Definition? - Klein Moynihan Turco LLP

Third Circuit Decision Broadens TCPA Autodialer Definition?

Courts across the country continue to adapt in the wake of the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. A little over a year ago, this landmark case settled a circuit split about what features dialing equipment must have to qualify as an autodialer under the Telephone Consumer Protection Act (“TCPA”). Despite the …

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Do You Need an NFT Owner Agreement? - Klein Moynihan Turco LLP

Do You Need an NFT Owner Agreement?

Despite reported slower growth in 2022 so far, non-fungible tokens (“NFTs”) are still expected to surpass 2021 in market sales. NFTs are unique digital files, featuring images or short videos, that are usually purchased with cryptocurrency, using blockchain technology to establish verified proof of ownership. As the growth of the NFT industry continues, potential sellers who …

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Proposed Federal Privacy Law Hearing Reveals Progress and Sticking Points - Klein Moynihan Turco LLP

Proposed Federal Privacy Law Hearing Reveals Progress and Sticking Points

On June 14th, the U.S. House Energy and Commerce Committee held a hearing on the newly proposed federal privacy law, called the American Data Privacy and Protection Act (“ADPPA”). ADDPA is presently not an official bill, just a discussion draft. Still, the Committee Members (on both sides of the aisle) all voiced support for ADDPA …

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