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…

September 18, 2015 By David O. Klein, Jonathan E. Turco and Joshua R. Wueller Although fantasy sports competition – the act of building and competing with imaginary sports teams comprised of real-life athletes – had meager beginnings as a hobby and pastime among friends and coworkers, fantasy sports has exploded in recent years into a…

While Daily Fantasy Golf Keeps Growing At DraftKings And Beyond, Legal Questions Linger The legal landscape of daily fantasy sports has been the subject of an ongoing debate, both at the state and federal levels. The golf vertical, however, might be particularly troublesome in the world of DFS. With its increasing popularity there have been…

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