
David O. Klein
David Klein is one of the most recognized attorneys in the telemarketing, 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.
Most Recent

Why Social Media Influencers Should Form LLCs
As defined by the Screen Actors Guild (SAG-AFTRA), social media influencers are “popular content creators who have amassed a social media following that they capitalize

Appeals Court Affirms FCC’s Rule Repeal in Fax Marketing Decision
While traditional fax machines are less and less common today, litigation over fax marketing remains as rampant as ever. The Telephone Consumer Protection Act (“TCPA”)

Legal Concerns for Social Media Influencers: Intellectual Property
Social media influencers (“Influencers”) are people whose online popularity and relevance grant them influence over others within their social sphere. Such influence makes them highly

Legal Concerns for Product Endorsements by Social Media Influencers
In the endless search for new and creative ways to promote products, many advertisers are enlisting the service of social media influencers (“Influencers”) – people

Why You Need an NFT License Agreement
Non-fungible tokens (“NFTs”) represent a rapidly-growing industry in the online space, with sales exceeding $10.7 billion in the third quarter of 2021 alone. NFTs are

Classifying Your Workers as Independent Contractors or Employees
Over the past few years, there has been a concerted effort by the US Department of Labor and state attorneys general to target businesses that misclassify employees as independent

How the McRib Became An NFT Giveaway
Before reintroducing the McRib in its restaurants on November 1st, McDonald’s created an NFT (short for non-fungible token) giveaway to celebrate the 40th anniversary of launching

FTC Guidelines on Negative Option Marketing Released
On October 22, 2021, the Federal Trade Commission (“FTC”) published an enforcement policy statement on negative option marketing. Soon thereafter, on October 28, 2021, the

Sweepstakes and Promotions: Winning the Marketing Grand Prize
Sweepstakes and promotional games are a dynamic and cost-effective way to develop a database of engaged consumers and otherwise increase brand awareness. Consumers are more

Coinbase Sued for Misleading Sweepstakes Advertising
On October 19, Coinbase Global, Inc. (“Coinbase”) filed a motion to compel arbitration in the proposed class action arising out of its “Dogecoin Sweepstakes.” Dogecoin

Fake it ‘Til You Make It: FTC Brings Down the Hammer on False Reviews
In the past, the Federal Trade Commission (“FTC”) warned, and subsequently penalized, businesses that publish misleading and false reviews or endorsements. Now, the FTC is

Advertising THC Food, Beverage, And Cosmetic Products in California
On October 7, 2021, California’s Governor approved an amendment to AB-45 Industrial hemp products. The amendment legalizes the use of industrial hemp, including THC, as
