David Klein Featured in WSJ: What to Know About (Legally) Marketing Crypto Assets

Publications /

By: Megan Graham View the original article in The Wall Street Journal here. The SEC settled with Kim Kardashian over her promotion of a cryptocurrency. Here is how influencers and marketers can stay above board with crypto messaging. Kim Kardashian’s $1.26 million settlement with the Securities and Exchange Commissionover a cryptocurrency promotion highlighted the risk that […]

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website recording

Papa John’s Sued for Alleged Unauthorized Website Recording

Blog, Data & Privacy Law /

A hot button topic for any company conducting business in the digital marketing industry is the matter of consumer consent. Whether businesses successfully obtain the requisite consumer consent can mark the difference between a legal website experience and one that could violate various data privacy regulations. Recently, courts have confronted issues of user consent in

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Michigan Telemarketing

New Bill Could Significantly Impact Michigan Telemarketing

Blog, Telemarketing Law /

On June 30, 2022, Michigan State Representative Mari Manoogian introduced House Bill 6307. Prefaced as “[a] bill to prescribe the rights and duties of parties to telephone solicitation sales,” the proposed law is Michigan’s first step in becoming another state jurisdiction to pass its own telemarketing regulations. The TCPA, or Telephone Consumer Protection Act, is

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NFT grass logo

Was NFL Enterprises Sued for Alleged Automatic Renewal Law Violations?

Blog, Internet Law, Online Marketing & Advertising Law /

Oyler v. NFL Enterprises LLC On October 3, 2022, Ryan Oyler, on behalf of himself and others similarly situation, filed a lawsuit against NFL Enterprises LLC (“NFL Enterprises”) in the Southern District of New York. The proposed class seeks to include residents of New York, Florida, Iowa, Kansas, Montana, Alaska, Arkansas, Wyoming, West Virginia, and

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FTC Staff Report Details Rise in Dark Patterns

Blog, Online Marketing & Advertising Law /

A September 2022 FTC Staff Report has revealed that manipulative marketing practices by businesses, termed “dark patterns,” is on the rise. The Federal Trade Commission (“FTC”) is a United States government agency whose primary mission is to protect consumers and enforce civil antitrust laws. Since the advent of direct mail and brick and mortar retail,

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AEDT

NYC’s Use of Automated Employment Decision Tools (“AEDTs”) Law: The Crucial Details

Blog, Internet Law /

New Law Enacted: 12/11/2021 Takes Effect: 1/1/2023 Background: Many companies use Artificial Intelligence (“AI”) and Automated Decision Systems (“ADS”) to help quicken the pace involved in evaluating potential candidates for employment. These tools have the ability to: (1) scan a candidate’s online presence; (2) evaluate resumes by searching for certain keywords; and (3) determine whether

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sweepstakes amoe

California Court Sides with Coinbase in Sweepstakes AMOE Action

Blog, Sweepstakes & Gaming Law /

Running a promotional sweepstakes is an innovative and creative way to attract and retain new customers. However, promoters and administrators must be sure to follow state and federal regulations when crafting their sweepstakes contest rules or risk legal action. One of the most important factors to consider is what is necessary to enter a given

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