Brian D. Anderson

Brian D. Anderson is an associate in the Intellectual Property Practice Group in Sheppard Mullin's San Francisco office. He is a member of the Entertainment, Media and Communications Industry Team.

Areas of Practice

Brian's practice focuses on intellectual property, Internet and new media and general business transactions and counseling.

He represents and advises clients in structuring, negotiating and drafting contracts in connection with various business transactions, including complex technology and intellectual property development, licensing and acquisition agreements; intellectual property issues in M&A and other corporate transactions; online and offline advertising, co-marketing and branded entertainment agreements and insertion orders; Internet and new media licensing and development agreements; entertainment industry, video game industry, sports industry and celebrity licensing agreements, sponsorship agreements and releases; and international and domestic distribution, supply, vendor, development, consulting, merchandising, gift card and other business contracts.

Brian also advises clients on complying with privacy and data security concerns such as CAN-SPAM, COPPA, GLB, FCRA and FACTA; preparing Web site privacy policies and terms of service; complying with federal CDA and DMCA anti-circumvention and safe-harbor provisions in connection with digital content; complying with state and federal anti-lottery and anti-gambling regulations governing high-profile sweepstakes, contests and other promotions; complying with advertising and marketing laws such as TCPA; and structuring gift card, gift certificate and rebate programs. With additional corporate experience, Brian also advises start-up companies and entrepreneurs on business entity formation, capital raising and general corporate law.

He also advises clients on brand development and protection, including clearance and prosecution of domestic and foreign trademark registrations and representing clients in inter partes proceedings before the Trademark Trial and Appeal Board.

Education

• J.D. University of California, Davis, 2002, Law Review, Co-founded the UC Davis Business Law Journal (http://blj.ucdavis.edu/) and wrote extensively on online media and advertising issues during his tenure as publisher
• B.A. University of California, Davis, 1999

Clerkships

• Law clerk in the Summer Honors Program at the U.S. Securities and Exchange Commission, 2000

Admissions

• California

Representative Matters

Represented top Web portal in negotiating and documenting a three-year strategic alliance with leading technology media company that includes content licensing, Internet advertising, software distribution and search marketing components.

Outside counsel to leading social-networking, social media and other Internet companies in connection with Internet privacy (preparing Privacy Policy and Terms of Service) and copyright counseling (advising on use of user-generated and other digital media and CDA and DMCA safe-harbor provisions).

Outside counsel to national and international retailers in connection with general business transactions, Internet privacy and customer data security issues, advertising, sweepstakes, contests and other promotions.

Negotiated and drafted multi-million dollar software licensing agreements for high-profile retailer relating to the phased roll out of new point of sale software in every store location in the U.S. and integration with new human resources software.

Outside counsel to publisher of well-known music information magazine and music information Web site in connection with general business transactions and copyright and publicity rights counseling.

Represented producer of professional ski and snowboard jump event in San Francisco, where 200-tons of man-made snow transform one of San Francisco's steepest streets into the site for the first of its kind urban big-air competition.

Memberships

• Member, Licensing Executives Society
• Member, Sports Lawyers Association

Articles

• adbriefs - Fall 2005, September 16, 2005

• "FTC Behavioral Advertising Privacy Principles Extend Far Beyond Current Requirements," Media Law Resource Center Bulletin (May 2008)

Hispanic/Latino Newsletter

• Enfoque Latino - Winter 2005