• Linda A. Goldstein

    Partner
    Chair, Advertising, Marketing & Media Division
    lgoldstein@manatt.com
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    New York
    Direct: 212.790.4544
    General: 212.790.4500
    Fax: 212.790.4545

    Education

    New York University School of Law, J.D., 1978.

     

    University of Pennsylvania, B.A., summa cum laude, 1975.
    Phi Beta Kappa.

    Bar Admissions
    New York
    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Linda Goldstein is widely recognized as one of the leading advertising lawyers in the country. Prior to joining Manatt, Phelps & Phillips, LLP, where she is a partner and chair of the Advertising, Marketing & Media Division, Ms. Goldstein was a name partner at the New York law firm Hall Dickler Kent Goldstein & Wood.

    Ms. Goldstein represents the world's leading consumer products/services and advertising and marketing companies in advertising, intellectual property and digital media matters. Her practice includes conducting legal compliance reviews of advertising campaigns for brand marketers and agencies, representing clients in false advertising and unfair competition investigations and enforcement actions, advising clients on promotional marketing programs, and negotiating and drafting industry-governing agreements.

    Consumer Protection: Ms. Goldstein has extensive experience representing clients in investigative and enforcement proceedings brought by the Federal Trade Commission and National Advertising Division of the Council of Better Business Bureaus, including numerous high-profile matters involving substantiation of advertising claims and compliance with trade regulation rules. She has also represented clients in investigations and actions brought by state attorneys general throughout the country relating to various marketing practices.

    Promotions: Ms. Goldstein regularly counsels marketers on the structuring of sweepstakes, games and contests. Also, as chair emeritus and head of the Promotion Marketing Association's Government and Legal Affairs Committee, she has assisted in developing public policy positions on a wide variety of promotion-related issues and has effectively advocated for the industry's agenda in the legal, legislative and regulatory arenas, including testifying before the National Association of Attorneys General's Subcommittee on Sweepstakes Promotion. In addition to helping secure legislative and regulatory changes favorable to the industry, she is a frequent writer and much-sought-after commentator on air, in print and on panels and podiums on the subject of promotion marketing.

    Digital Media Marketing: Ms. Goldstein spends a large portion of her time advising clients on how to minimize the legal risks associated with online advertising and marketing. A recognized expert in the legal issues surrounding e-commerce, mobile marketing, social media marketing, consumer-generated content marketing and marketing to children, she has actively participated in hearings conducted by the Federal Trade Commission, such as on the adequacy of disclosures in mobile campaigns, and has worked with numerous trade associations, including the Mobile Marketing Association and Word of Mouth Marketing Association, to develop and adopt industry self-governing guidelines. 

    Online Gaming: Ms. Goldstein has advised and counseled numerous companies in the gaming community, including operators of gaming sites lawfully established outside of the United States, persons or entities involved in online horse betting and wagering, and a substantial number of fantasy sports league operators, regarding the U.S. legal and regulatory framework governing online gaming. She is a frequent speaker and writer on issues relating to the legality of online gaming activities in the United States.

    Direct Response: A significant component of Ms. Goldstein's practice is the representation of individuals and companies in the infomercial and home shopping sectors. A former chair of the Board of Directors of the Electronic Retailing Association, she played a key role in the development of the organization's Electronic Retailing Self-Regulation Program (ERSP), a self-regulatory mechanism for resolving inquiries regarding the truthfulness and accuracy of direct response advertising claims.

    E-Mail and Telemarketing: An expert in direct mail, telemarketing and anti-spam law, Ms. Goldstein has represented many of this sector's leaders in connection with state and federal legal compliance matters and complex multistate regulatory investigations.

    Branded Entertainment: Ms. Goldstein has earned a national reputation in the emerging area of branded entertainment as a result of her regular counseling of clients regarding the  structuring, negotiation and drafting of agreements for the integration of brands into film, television, music and video game properties.

    Representative Matters

    Honors & Awards

    The Best Lawyers in America, 2006-2015.

    Named as one of the Top-Ranked Attorneys, Chambers USA, 2006-14.

    Honored with a "Star Individual" recognition by Chambers USA 2012-2013, the publication's highest distinction.

    Top 50 Women New York Super Lawyers,  2010.

    One of the "500 New Stars, New Worlds" in the LawDragon guide.

    New York Super Lawyers, 2006-2011.

    New York Law Journal's Women in the Law, 2009.

    Publications

    Regularly called upon by national, business and trade publications to share her expertise in the advertising and marketing industry, Ms. Goldstein’s commentary has appeared in The New York Times, The Wall Street Journal, CNBC, NBC Today Show, Advertising Age, PROMO, Electronic Retailer magazine, The National Law Journal, and she is regularly published by Response Magazine, the definitive publication for the direct response marketing and advertising sector, including the following articles:

    Author, “FTC Takes a New S’Pin’ on Its Testimonial and Endorsement Guides,” April 8, 2014.

    Author, “Apple Settles With FTC for $32.5 Million,” March 4, 2014.

    Author, “The FTC’s ‘Operation Failed Resolution’: A Behind-the-Scenes Look,” February 1, 2014.

    Author, “FTC Cracks Down on Weight-Loss Provisions, Again,” January 14, 2014.

    Author, “Affinion Settles With 46 States for More than $30 Million,” November 5, 2013.

    Author, “Fake Online Reviews Draw Fines in New York,” October 8, 2013.

    Author, “The Resurgence of the ‘White Coat Rule,’” September 10, 2013.

    Author, “CFPB Brings First Enforcement Action for ‘Abusive’ Acts or Practices,” July 9, 2013.

    Author, “Nutrisystem Defeats Class Certification,” April 16, 2013.

    Author, “FTC Cracks Down on Free Gift Card Offers,” March 12, 2013.

    Author, “SENSA Settles Another False Advertising Lawsuit,” December 4, 2013.

    Author, “CFPB Orders Capital One to Refund $140M to ‘Upsell’ Purchasers,” August 14, 2012.

    Author, “FTC Considers Applying Online Disclosure Guidelines to Emerging Digital, Mobile Platforms,” June 5, 2012.

    Author, “Legal Review: FTC Sets New Standards for Negative Option Disclosures,” June 1, 2012.

    Author, “Court Awards Record $30M Judgment in Latest FTC Robocall Case,” April 3, 2012.

    Author, “Legal Review: So You Want to Do Social Media?” April 1, 2012.

    Author, “FTC Loses Contempt Action Against Garden of Life,”  March 6, 2012.

    Author, “FTC Permanently Halts Operators of Fake Acai Berry Websites,” February 7, 2012.

    Author, “Legal Review: Avoiding Legal Pitfalls in Mobile Marketing,” February 1, 2012.

    Author, “FTC Wins Round 3 in Lane Labs Battle,” January 10, 2012.

    Memberships & Activities

    Admitted to practice in New York.

    Board of Directors, Electronic Retailing Association.

    Chairman, Legal Affairs Committee, Promotion Marketing Association.

    Board of Directors, Promotion Marketing Association.

    Counsel, Magazine Publishers of America.

    Member, Legal Affairs Committee and Ethics Advisory Panel, Word of Mouth Marketing Association.

    Speaking Engagements

    Ms. Goldstein is a regular participant at prominent business and legal conferences throughout the country, including the Promotion Marketing Association, Electronic Retailing Association, Word of Mouth Marketing Association, International Trademark Association, Personal Care Products Council, American Bar Association, American Conference Institute and Practising Law Institute.