October 16, 2015 A Message to Mobile App Operators Any business or other entity that operates/offers a mobile application, or “app,” should ensure that there is an End-User License Agreement (“EULA”) in place that will govern the relationship between end-users and the subject mobile app operator in connection with that app, its various uses and…

October 15, 2015 Last Wednesday, a federal court found Robert Douglas Krotzer in civil contempt for violating a court order stemming from an earlier deceptive marketing lawsuit filed by the Federal Trade Commission (“FTC”) and Florida Attorney General’s Office. How can the marketer get out of this mess?

October 14, 2015 On Wednesday, October 14, 2015, the full Third Circuit court decided to hear New Jersey’s appeal, en banc, that the State’s sports gambling law violates the federal Professional and Amateur Sports Protection Act (“PASPA”). On August 25, 2015, the United States Court of Appeals for the Third Circuit, by a 2-1 decision,…

October 14, 2015 Late last week, reports surfaced that the United States Attorney’s office in Tampa, Florida has convened a federal grand jury to consider whether daily fantasy sports operators are in violation of the Illegal Gambling Business Act (IGBA). It remains unclear though whether federal prosecutors are targeting a specific fantasy sports operator or…

October 9, 2015 In an update to a report that we blogged about last month, following a review of the legality of fantasy sports under Massachusetts law, Massachusetts Attorney General Maura Healey has announced that she will not be pursuing an inquiry into Boston-based DraftKings. The AG stated, in no uncertain terms, that she is…

October 6, 2015 Yesterday, the fantasy sports world was rocked with reports of an “insider trading” scandal involving an employee at industry leader DraftKings. The reports indicated that prior to the start of the third week of NFL games, the employee inadvertently released information not available to the public. The employee incidentally won $350,000 through…

October 6, 2015 Last week, a proposed class action settlement was published detailing the terms under which LinkedIn will settle various claims of “spam”-related violations in connection with its “Add Connections” feature. What were the claims against LinkedIn and what are the terms of settlement?

October 2, 2015 On Tuesday, the Federal Trade Commission (“FTC”) announced the release of checks to consumers totaling more than $1.1 million as refunds for purchasing phony health insurance policies. The proceeds are fruits of an FTC settlement with the Independent Association of Businesses (“IAB”) and its largest telemarketer, Health Service Providers, Inc. (“HSP”). According…

October 1, 2015 Yesterday morning, the Ninth Circuit Court of Appeals affirmed in part, and overturned in part, last year’s highly publicized decision regarding Ed O’Bannon’s antitrust case against the National Collegiate Athletic Association (“NCAA”), on which we previously blogged. Specifically what portions of the District Court ruling did the Appeals Court affirm and overturn?

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