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Rules of the Game: Marketing Through Sweepstakes David O. Klein, Corporate Counsel January 30, 2015    Send Photo by Don Hankins, via Flickr Sweepstakes and promotional contests are excellent ways for businesses to market their respective products and services, particularly when used in combination with Internet and mobile media. Numerous state and federal laws apply…

October 2014 On August 8th, 2014, California Federal District Court Judge Claudia Wilken handed down her decision in Ed O’Bannon’s antitrust case against the National Collegiate Athletic Association (“NCAA”).  Mr. O’Bannon is a former UCLA men’s basketball star and NCAA National Championship Most Valuable Player that played two seasons in the NBA before finishing his…

October 30, 2014 The Rise of Fantasy Sports Fantasy sports enjoys considerable popularity in the US, and the activity is fortunate to be protected under existing US gambling law; the Unlawful Internet Gambling Enforcement Act (‘UIGEA’) for instance contains a carve out for fantasy sport games meeting certain criteria. Developments in fantasy sports have been…

Banks are beginning to harvest customers’ voice biometrics, but is it legal? October 15, 2014 Watch the latest video at video.foxnews.com Source: Fox and Friends

October 12, 2014 In this Wednesday, Dec. 19, 2012, file photo, a man walks past a Wells Fargo branch in Philadelphia. Wells Fargo and Chase, two of America’s biggest retail banks, are quietly taking some callers’ voiceprints to fight fraud, an Associated Press investigation has found. (AP Photo/Matt Rourke)       LONDON (AP) —…

June 19, 2014 – Published in Reputation Communications In our digital age of blog posts, social media and “going viral” on the Internet, what can one do when a comment is posted online about an individual – or that individual’s company – which is completely false? What happens when the post is anonymous or has a fictitious…

  Will Your Marketing Campaign Be the Target of a Class Action Lawsuit or Regulatory Investigation for Failing to Comply with Canada’s Anti-Spam Legislation?   What is Canada’s Anti-Spam Legislation (“CASL”)? CASL[1] was passed into law on December 15, 2010, and is widely regarded as the strictest anti-spam legislation in the world. The Canadian Radio-Television…

David O. Klein Comments on NYC Airbnb Investigation Will Airbnb Inc. hosts balk at New York State’s attorney general Eric Schneiderman combing through their records? The room-renting start-up reached an agreement with the state Wednesday to deliver anonymized records of all its New York hosts, and to identify hosts Mr. Schneiderman decides to further investigate. Mr. Schneiderman…

Wall Street Journal Quotes KMT Managing Partner David O. Klein Small Businesses Often Tripped Up by Rules, Suits Craig Dubitsky, founder and CEO of Hello Products, which was sued by Procter & Gamble. Daniella Weeks after Craig Dubitsky’s new company delivered its first shipment of “pink grapefruit” and “mojito mint” toothpaste to about 8,000 stores across the…

The use of promotions and contests in connection with online and mobile marketing can be a dynamic and cost-effective way to increase conversions, build a database of engaged consumers and increase brand awareness. However, businesses must be aware of the fact that governmental entities, including the Federal Trade Commission (FTC), Federal Communications Commission (FCC) and…

The most popular multilevel marketing (“MLM”) companies and brands have attained near-cultural icon status: Amway, Herbalife, Mary Kay, and Shaklee.  Many Americans are familiar with these brands, as well as some of the lesser-known variations that might have been introduced by an overzealous acquaintance, through an infomercial, or via the Internet.  The popularity of the…

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