Journal

Researching TCPA, CCPA, Internet marketing, email marketing, promotional sweepstakes, gaming, or fantasy sports law? Check out the Klein Moynihan Turco Law Journal.

Mergers and Acquisitions Lawyers: Vital Help for Your Asset Sale or Stock Sale Deal

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October 5, 2017 M & A Lawyers: Legal Assistance with Your Asset Sale or Stock Sale For countless businesses, across every industry and vertical, a prospective merger, acquisition or other business combination represents the culmination of long term strategy.  Through the merger/acquisition process, an entity can obtain a huge influx of capital, merge with an […]

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Court Holds that Fantasy Sports Companies Did Not Violate Players’ Rights by Using Their Names and Likenesses

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October 4, 2017 On September 29, 2017, the United States District Court for the Southern District of Indiana (Walton Pratt, J.) issued a decision dismissing claims by three former college football players, Akeem Daniels, Cameron Stingily and Nicholas Stoner, alleging that Fanduel, Inc. and Draftkings, Inc. each violated the players’ respective rights of publicity by

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Groundbreaking Email Marketing Decision?

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October 2, 2017 In a recent decision, a federal district court in San Francisco dismissed email marketing-related California State legal claims against Sauphtware, Inc. d/b/a “Panda Mail,” finding that Panda Mail’s delivery of email on behalf of third-party advertisers did not, in and of itself, amount to advertising.  The ruling would appear to absolve emailers

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Office Supply Marketers Settle Deceptive Trade Practices Investigation

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September 27, 2017 The Federal Trade Commission (“FTC”) recently announced a $7 million settlement with an office supply marketer and its individual owner.  The FTC had filed a lawsuit in the United States District Court for the Central District of California in connection with charges of unfair and deceptive trade practices related to the marketing

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ADA Accessibility, a Must for All Websites?

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September 22, 2017 The Americans with Disabilities Act (“ADA”) was enacted to make American society more accessible for people with disabilities.  While many business owners may be familiar with physical accessibility improvements such as wheelchair ramps and Braille signs, fewer are aware that the U.S. Department of Justice (“DOJ”), class action plaintiffs’ attorneys and some

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FTC Lawsuit Alleging Deceptive Marketing of “Free” Products and Continuity Plans Settles

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September 18, 2017 The Federal Trade Commission (“FTC”) has announced that ten online marketers of cooking and golf-related products have agreed to settle claims alleging violations of the FTC Act and the Restore Online Shoppers’ Confidence Act, based on the marketers’ alleged improper use of two types of negative option offers:  (i) continuity plans, where

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Why Your Sweepstakes Promotion Needs a Privacy Policy

1 Comment / Blog, Data & Privacy Law, Journal /

September 14, 2017 Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways and sweepstakes are invaluable tools for businesses looking to attract new customers.  Unlike simple, unincentivized, requests for consumer information, sweepstakes drive consumers to provide their information to a given business by offering entrants the chance to win prizes and other

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FTC Settles Landmark Social Media Influencer Investigation

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September 12, 2017 The Federal Trade Commission (“FTC”) recently announced that it had reached a settlement in an investigation of social media influencers’ alleged deceptive business practices.  According to the FTC, the subject administrative complaint was the agency’s first ever investigation of individual social media influencers for product endorsement-related practices. What was the nature of

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