Brian D. Anderson

Brian D. Anderson: Attorney with Sheppard, Mullin, Richter & Hampton LLP

Biography

Brian Anderson is a Partner in Sheppard Mullin’s San Francisco office.

He is Team Leader of the firm's Technology Transactions Team and Advertising Team.

The Daily Journal named him one of the top 40 attorneys under 40 in California.

Areas of Practice

Brian combines his specialization in intellectual property law and commercial transactions to help United States and international companies and entrepreneurs create, protect, license, buy, sell, and commercially exploit intellectual property, technology, goods, and services.

As Leader of the Firm’s Advertising Team, he advises some of the world’s most famous brands and agencies on compliance with advertising laws, as well as negotiating high-profile brand licensing, sponsorship, and endorsement deals.

Brian is a founding Leader of the Firm’s Privacy and Cybersecurity Team and advises clients on the data issues wrapped up in their transactions, advertising campaigns, and business operations.

He routinely helps clients by structuring, negotiating, and providing strategic counseling for their most significant projects and deals, including:

•Product distribution strategies & agreements, both domestic & international
•Software licensing
•Cloud computing
•IT & business process outsourcing
•Website & mobile app terms & policies
•Technology joint ventures & spin-outs
•Trademark licensing
•Patent licensing
•Big data
•Social media, e-mail & mobile marketing
•Sweepstakes, contests & promotions
•Charitable sales promotions
•Gift card, rewards, rebate & loyalty programs
•Privacy & data protection, including COPPA, TCPA, CAN-SPAM, HIPAA, GDPR & other laws
•Data security breach incidents
•Intellectual property, technology & data issues in M&A transactions

Honors

•Top 40 Under 40, Daily Journal, 2016
•Media, Technology and Telecoms, Legal 500, 2014-2018

Experience

Representative matters include:

Transactions

•Represented Mastercard in negotiating a multi-year, multi-million dollar sponsorship agreement with Riot Games making Mastercard the first global sponsor of the studio’s online multiplayer game League of Legends, one of the largest and most profitable e-sports brands in the world. The Riot Games deal is Mastercard’s first e-sports league deal.
•Represented Mastercard and negotiated separate sponsorship agreements with global soccer superstars Lionel Messi and Neymar da Silva Santos Jr. in connection with Mastercard's broader Start Something Priceless campaign-an integrated social, digital, and cause marketing campaign to score against childhood hunger and malnutrition in Latin America and the Caribbean.
•Represented Utopus Insights, Inc. and negotiated all intellectual property issues and agreements in connection with Vermont Electric Power Company (VELCO) and IBM’s spin-out and creation of Utopus Insights.
•Represented The Gymboree Corporation and negotiated all intellectual property, technology, trademark licensing, and data issues and agreements in its sale of “Play & Music” to Zeavion for $127.5 Million.
•Represented adidas AG and negotiated privacy and data protection issues and agreements in its sale of TaylorMade Golf to KPS Capital Partners for $425 million.
•Represented Bundaberg Brewed Drinks Pty Ltd. and structured and implemented its U.S. distribution strategy.
•Represented Hamax AS (child bike seats, toboggans, and sleds) and structured and implemented its U.S. distribution strategy.
•Represented Innovative Beverage Concepts, Inc. (coffee, tea, oatmeal) and structured and implemented its global distribution strategy.
•Represented ZTailors, Inc. (on-demand digital tailor network) and negotiated its technology and retail partnership with Macy’s.
•Represented GitHub, Inc. in its acquisition of Ordered List Inc.
•Represented AirTek International Corporation Ltd. and negotiated its global trademark license with Honeywell International Inc.
•Represented Kathy Ireland Heath & Wellness, a Level Brands Business Unit, in a multi-million dollar licensing agreement with Isodiol International Inc., a global bioactive phytoceutical innovator specializing in the development of pharmaceutical and wellness products, to develop and market Kathy Ireland-branded Cannabidiol (CBD) products

Advertising

•Represented Mastercard and negotiated separate sponsorship agreements with global soccer superstars Lionel Messi and Neymar da Silva Santos Jr. in connection with Mastercard's broader Start Something Priceless campaign-an integrated social, digital, and cause marketing campaign to score against childhood hunger and malnutrition in Latin America and the Caribbean.
•Represented Benefit Cosmetics LLC and provided strategic counseling regarding its “Bold is Beautiful” global charitable sales promotion, which has raised over $11 Million for charities supporting women and girls around the world as of 2017.
•Represented Taylor Made Golf Company, Inc. and negotiated PGA pro golfer sponsorship agreements and structured social media marketing campaigns and tie-in consumer sweepstakes promotions.
•Represented Williams-Sonoma, Inc. in its celebrity chef sponsorship deal with Bryan and Michael Voltaggio.
•Represented Red Bull Media House GmbH and negotiated an advertising technology platform deal.
•Represented Taylor Made Golf Company, Inc. before the National Advertising Division (NAD) in its challenge to golf club performance claims made in advertising by a competitor.
•Represented See’s Candies, Inc. in reviewing and clearing advertising claims about its candies.

Privacy & Data Protection

•Represented global fashion brand and provided counseling on its General Data Protection Regulation (GDPR) compliance strategy, including how to handle cross-border transfers of customer personal data.
•Represented leading residential solar electricity company in configuring its telemarketing program to comply with the Telephone Consumer Protection Act (TCPA) and related laws.
•Represented mobile gaming app company in connection with implementing user on-boarding strategy that complies with Children’s Online Privacy Protection Act (COPPA).
•Represented digital media agency and provided strategic counseling regarding data breach of personally identifiable information, including remediation steps and compliance with notification requirements.
•Represented digital health information platform and social network in connection with developing and implementing privacy policies and data protection practices, including strategic counseling on compliance with the Health Insurance Portability and Accountability Act (HIPAA).

Clerkships

•Law clerk in the Summer Honors Program at the U.S. Securities and Exchange Commission

Articles

11th Circuit Reverses Summary Judgment Grant in TCPA Suit Against Medical Debt Collector, Cyberspace Law e-Bulletin, (January 2015)
Online student privacy bill prompts debate, Daily Journal (March 2014)
Dealing in Data: Business and Legal Considerations Respecting Data Transactions, Business Law News, the official publication of the Business Law Section of the California State Bar, Issue 4 (2012)
The Law of Online Contracts, Media Law Resource Center Bulletin The Ins and Outs of Online Business (March 2011)
FTC Behavioral Advertising Privacy Principles Extend Far Beyond Current Requirements, Media Law Resource Center Bulletin Digital Media & Comments on Frontiers in Internet Law (May 2008)
•adbriefs, Fall 2005 - present

Covering Your Ads Blog Posts

• FTC Workshop Provides Insight on Best Practices to Mitigate Informational Injuries, December 28, 2017
• Behavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use Verizon’s Arbitration Clause To Avoid Class Action Lawsuit, October 30, 2017
• Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection, October 25, 2017

Eye on Privacy Blog Posts

• Will CCPA’s Definition of Consumer Be Narrowed? April 11, 2019
• Year In Review: Eye on Privacy 2018, January 28, 2019
• 2019 is the Year of . . . CCPA? January 8, 2019
• The California Privacy Law Is Coming: What Should Your Company Do Now? September 5, 2018

Media Mentions

•ZEAVION Holding's $127.5 million acquisition of Gymboree Play & Music
Don't Miss It: Hot Deals & Firms We're Following This Week
Law360 , July 1, 2016
•Rise of Robots Brings Questions of Liability
Daily Journal , January 23, 2014

Speaking Engagements

•Information Insecurity, Technology and Law Forum (2018)
•The Mobile Natives: Reaching Young Consumers, Mobile Media Summit San Francisco: Apps and Ads (2015)
•An Invisible Enemy: Cyber Risks and Security, USC Corporate Governance Summit (2014)
•Privacy vs. Relevancy: How to Get Both, Mobile Media Summit San Francisco: Apps and Ads (2014)
•Privacy and Data Security Considerations for Consumer Internet Companies in Both Site Operation and Commercial Deals, SVForum (2012)
•Legal Issues with Advertising/Marketing Using Social Media, ACCA-SoCal In-House Counsel Conference (2012)
•Legal and Business Considerations of Mobile Social Media and Mobile Marketing, Social Media Legal Risks and Strategies Summit (2011)
•Legal Issues with Advertising/Marketing Using Social Media, ACCA-SoCal In-House Counsel Conference (2011)
•The Business and Legal Considerations of Cloud Computing, Law.com Panel (2010)

Events

•Technology and Law Forum
Information Insecurity Panel
November 13, 2018
•Emerging Trends in Robotics: A Panel Discussion
June 22, 2015
•Digital Future of Finance: Reinventing the System
Presented by Runway and Sheppard Mullin
June 9, 2015
•Digital Law Forum - Storm Clouds: Preventing and Managing Security Breaches
Kellogg Auditorium at Silicon Valley Bank , January 30, 2013
•The Intersection of Sports and Technology
Sheppard Mullin Palo Alto Office , October 4, 2012

(Also at Palo Alto Office)

Areas of Practice (18)

  • Intellectual Property
  • False Advertising, Lanham Act and Unfair Competition
  • IP Licensing, Technology and Commercial Transactions
  • Trade Secrets
  • Trademark Applications and Prosecution
  • Copyrights
  • Entertainment and Digital Media
  • Technology Transactions
  • Privacy and Cybersecurity
  • Telephone Consumer Protection Act (TCPA)
  • Advertising
  • Esports
  • Fashion, Apparel and Beauty
  • Food and Beverage
  • Hospitality
  • Retail
  • Social Media and Games
  • Sports

Education & Credentials

Contact Information:
415.774.3287  Phone
415.434.3947  Fax
www.sheppardmullin.com
University Attended:
University of California, Davis, B.A., with honors, 1999
Law School Attended:
University of California, Davis, J.D., Law Review, 2002
Year of First Admission:
2002
Admission:
2002, California
Memberships:

Memberships

•Member, International Association of Privacy Professionals (IAPP)
•Member, The Licensing Executives Society (LES)
•Appointed Member, Cyberspace Committee of the Business Law Section of the State Bar of California

ISLN:
917061330
Transactions:
Transactions: Represented Utopus Insights, Inc. and negotiated all intellectual property issues and agreements in connection with Vermont Electric Power Company (VELCO) and IBM's spin-out and creation of Utopus Insights.; Represented The Gymboree Corporation and negotiated all intellectual property, technology, trademark licensing, and data issues and agreements in its sale of Play & Music to Zeavion for 127.5 Million.; Represented adidas AG and negotiated privacy and data protection issues and agreements in its sale of TaylorMade Golf to KPS Capital Partners for 425 million.; Represented Bundaberg Brewed Drinks Pty Ltd. and structured and implemented its U.S. distribution strategy.; Represented Hamax AS (child bike seats, toboggans, and sleds) and structured and implemented its U.S. distribution strategy.; Represented Innovative Beverage Concepts, Inc. (coffee, tea, oatmeal) and structured and implemented its global distribution strategy.; Represented ZTailors, Inc. (on-demand digital tailor network) and negotiated its technology and retail partnership with Macy's.; Represented GitHub, Inc. in its acquisition of Ordered List Inc.; Represented AirTek International Corporation Ltd. and negotiated its global trademark license with Honeywell International Inc.; Represented Kathy Ireland Heath & Wellness, a Level Brands Business Unit, in a multi-million dollar licensing agreement with Isodiol International Inc., a global bioactive phytoceutical innovator specializing in the development of pharmaceutical and wellness products, to develop and market Kathy Ireland-branded Cannabidiol (CBD) products

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (2)

Documents by this lawyer on Martindale.com

San Francisco, California

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