September 5, 2017 An Illinois federal court’s decision refusing to dismiss a lawsuit brought against a university over a series of allegedly unsolicited text messages is “unfortunate,” says one of the most recognized attorneys in the technology and telecommunications fields. David O. Klein, managing partner of New York City-based Klein Moynihan Turco LLP, said the July 28…

May 1, 2017 By David O. Klein and Joshua R. Wueller The concept of “fake news” has garnered substantial attention in recent years, evolving from its satirical literary origins into a passionately criticized Internet phenomenon. Whether described as rumors, “counterknowledge,” misinformation, “post-truths,” “alternative facts” or just plain damned lies, these false statements of fact typically…

December 2016 For well over a century, US trademark law has afforded brand owners certain rights, remedies and obligations.  As the Department of Commerce has noted, owners of trademarks have both a legal right and an affirmative obligation to protect their trademarks from unauthorized third-party use.  Diligent enforcement practices not only protect trademark assets, but…

June 13, 2016 DraftKings Inc., among Boston’s most vaunted and valuable tech startups, is reportedly in talks with rival FanDuel Inc. about a merger that would create a single dominant player in the multibillion-dollar daily fantasy sports business. The pressure to combine comes primarily from the investors behind DraftKings and FanDuel, who argue the two…

June 9, 2016 The cat is out of the bag. The Association of National Advertisers report about non-disclosed agency practices released this week found that non-transparent business practices were “pervasive” in the U.S. In the lead-up to the report, there was dark talk of “jail.” But while it caused a stir and will undoubtedly lead to hard questions put to agencies,…

April 29, 2016 A federal judge on Tuesday sided with the Federal Trade Commission in finding Amazon liable for charging many customers for unauthorized in-app purchases made by their children, providing a significant boost to the commission’s ability to police data collection and privacy practices that it deems to be unfair. In his ruling, U.S….

March 23, 2016 DraftKings Inc. and FanDuel Inc. will stop allowing New York-based consumers to participate in their online daily fantasy sports contests under two virtually identical settlements with New York state, Attorney General Eric T. Schneiderman announced March 21. Schneiderman brought enforcement actions against each company in November 2015, saying the companies were violating…

By: David O. Klein and Neil E. Asnen December, 2015 Social media giant LinkedIn Corporation (‘LinkedIn’) recently agreed to settle class action allegations that it violated several federal and state laws by harvesting email addresses from the external contact lists of LinkedIn members, and by sending repeated invitations to join LinkedIn to those addresses. Under…

FanDuel, DraftKings Play for Keeps in N.Y. Courtroom November 24, 2015 A one-hour Nov. 25 hearing in a New York courtroom may determine the future of the multi-billion dollar online fantasy sports industry (People v. FanDuel Inc., N.Y. Sup. Ct., No. 453056/2015, motion for preliminary injunction, 11/23/15 People v. DraftKings Inc., N.Y. Sup. Ct., No….

Fantasy Sports: Navigating the Regulatory Groundswell November 25, 2015 By David O. Klein, Neil E. Asnen and Joshua R. Wueller Anyone who has turned on a television or radio, visited a professional sports venue or surfed the Web in recent months will undoubtedly be familiar with the meteoric rise – and tremendous marketing efforts –…

Facing national scrutiny, DraftKings and FanDuel have hired up lobbyists — but according to key lawmakers, industry lawyers and lobbyists, don’t expect sweeping changes to the industry in the near future. posted on Nov. 5, 2015, at 9:00 a.m. Tarini Parti BuzzFeed News Reporter Scott Olson / Getty Images WASHINGTON — There have been allegations…

October 6, 2015 DraftKings Inc. markets cash contests to fantasy sports enthusiasts with a grandiose invitation: “Welcome to the big time.” Following a data leak that has fueled calls for regulation and sparked an inquiry by New York’s attorney general, the Boston company is discovering that with the big time comes intense scrutiny. Now, the…

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