Overview

Brian Anderson is a Partner in Sheppard Mullin’s San Francisco office. He is Team Leader of the firm’s Advertising Team and Technology Transactions Team. And in 2016 the Daily Journal named him one of the top 40 attorneys under 40 in California.

Brian focuses his practice on transactions and counseling involving intellectual property, commercial (business-to-business) relationships, consumer (business-to-consumer) relationships, advertising, and data privacy.

He primarily works with consumer brands; retailers; ad agencies; technology platforms; and software, hardware, and technology services companies. Brian is also very interested in the sports industry and has worked with sportswear brands, leagues, teams, governing bodies, and other brands doing sports-related sponsorship, naming rights, and other marketing deals and activations.

Specialties:

  • New product development & launch
  • Strategic partnerships
  • Monetization strategies
  • IP & technology licensing
  • Product distribution
  • E-commerce
  • Advertising & marketing
  • Sponsorship & endorsement deals
  • Data privacy
  • International business

Experience

Experience

Representative matters include:

Transactions

  • 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 Mastercard in negotiating a multi-year 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 b8ta, Inc. and negotiated numerous customer deals and strategic partnerships for the retail technology company.
  • 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. product distribution strategy.
  • Represented Hamax AS (child bike seats, toboggans, and sleds) and structured and implemented its U.S. product distribution strategy.
  • Represented Innovative Beverage Concepts, Inc. (coffee, tea, oatmeal) and structured and implemented its global product 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 Kate Spade New York in connection with e-commerce outsourcing (3PL) transactions.

Advertising

  • Represented adidas on advertising, social media activations, and e-commerce strategies for the launch of Kanye West’s Yeezy shoe.
  • Represented Chelsea FC in connection with advertising and promotions in the U.S.
  • Represented Benefit Cosmetics LLC and provided strategic counseling regarding its “Bold is Beautiful” global charitable sales promotion, which has raised over $16 Million for charities supporting women and girls around the world.
  • 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 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.

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 U.S. and European data breach notification requirements.
  • Represented numerous global consumer brands and retailers on compliance with the California Consumer Privacy Act (CCPA).
  • 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).

Honors

Honors

Top 40 Under 40, Daily Journal, 2016

Media, Technology and Telecoms, Legal 500, 2014-2019

Insights

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

Eye on Privacy Blog Posts

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

Memberships

Memberships

Member, International Association of Privacy Professionals

Education

J.D. University of California, Davis, Law Review

B.A. University of California, Davis, with honors

Clerkships

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

Admissions

  • California
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