Photo of Brian D. Anderson

Brian D. Anderson

Partner
San Francisco
T: 415.774.3287
F: 415.434.3947
Silicon Valley
T: 650.815.2600
F: 650.815.2601
Overview
Honors
Experience
Thought Leadership
Memberships

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

He is Co-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

Mr. Anderson 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 Co-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. 

Mr. Anderson is a founding Co-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, 2014-2017

Experience

Representative matters include:

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

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).

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

Media Mentions

Speaking Engagements

  • 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

  • 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