

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

FTC Endorsement Guides: Proposed Changes
On May 24, 2022, the Federal Trade Commission (“FTC”) unanimously approved a notice of proposed amendments to its “Guides Concerning the Use of Endorsements and Testimonials

Entertain through Blockchains: NFT Videogames
In addition to NFT Sweepstakes and NFT fantasy sports contest-like games, companies are developing various gamified NFT collections or “NFT videogames.” In such games, minters

NFT Fantasy Sports Games: MLB Enters the Playing Field
As companies continue to look for new ways to utilize NFTs, some are experimenting with gamified NFT collections, including NFT fantasy sports contest-like games. In

Stay Compliant: Update Your Vendor Contracts Before 2023
Starting in December 2022, a series of significant laws (domestic and international) are due to come into effect, which will impact new AND existing vendor

National Basketball Association NFT Marketing Efforts Exploited
On April 20, 2022, the National Basketball Association (“NBA”) engaged in a bit of NFT marketing and released 18,000 free NFTs in an exclusive drop,

California Strengthens its Automatic Renewal Law
On July 1, 2022, California Assembly Bill No. 390 (the “Amended Law”) will go into effect. The Amended Law revised Section 17602 of California’s Business and

NFT App Permitted to Return to the Apple iOS Store
As our readership knows, NFTs are unique and often one-of-a-kind digital files, such as images or short videos, that use blockchain technology to establish publicly, verifiable proof of

Kohl’s and Walmart Fined $5.5 Million for Marketing Law Violations
On April 8, 2022, Kohl’s and Walmart were fined for violating federal marketing laws, resulting from a Federal Trade Commission (“FTC”) investigation alleging that the

Idaho Subscription Law Signed by Governor
On March 23, Governor Brad Little signed the Idaho Subscription bill into law (“Idaho Subscription Law”). The Idaho Subscription Law will regulate subscription offers and automatic

NFT Minters Arrested in Alleged Frosties Utility NFT Scheme
On March 24, the United States Attorney for the Southern District of New York (“NY”) issued a press release revealing that two people had been

Facebook Marketing Company Sued by Meta for Fake Reviews
On March 16, 2022, Meta Platforms, Inc. (previously known as “Facebook”) filed a lawsuit in the Northern District of California against Chad Taylor Cowan (the

Let’s Get into the Weed of It: A Guide to Marijuana Marketing
Recently, New York (“NY”) State’s Cannabis Control Board (the “Board”) took significant steps towards implementing the Marijuana Regulation and Taxation Act. Specifically, on February 17,