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Linda A. Goldstein

Linda A. Goldstein

Partner
Chair, Advertising, Marketing & Media Division
lgoldstein@manatt.com

  • New York City
    Direct: 212.790.4544
    General: 212.790.4500
    Fax: 212.790.4545

Professional Experience

Linda Goldstein is widely recognized as one of the leading advertising lawyers in the country. Prior to joining Manatt, Ms. Goldstein was a name partner at the New York law firm Hall Dickler Kent Goldstein & Wood. She represents clients in every sector of the advertising and marketing industry in advertising, intellectual property, and digital media matters. Her practice includes review of advertising campaigns for legal compliance on behalf of brand marketers and agencies, representing clients in false advertising cases, both in court and before the NAD, advising clients on promotional marketing campaigns and negotiating and drafting talent, agency client and other industry-governing agreements.

Consumer Protection: Ms. Goldstein has extensive experience in representing clients in proceedings  brought by the Federal Trade Commission and by State Attorneys General throughout the country.  She has handled numerous high profile FTC investigations  and enforcement actions involving substantiation of advertising claims, compliance with Trade Regulation Rules, and various marketing practices.

Promotions: Ms. Goldstein regularly counsels marketers on how to structure sweepstakes, games and contests and is Chair Emeritus and head of the Government and Legal Affairs Committee of the Promotion Marketing Association. As such, she represents the industry on legal and legislative matters relating to these highly-regulated programs, has developed public policy positions on a wide variety of marketing issues, and has helped to secure legislative and regulatory changes favorable to the industry. Ms. Goldstein has testified before the National Association of Attorneys General Subcommittee on Sweepstakes Promotion, announcing the adoption of “Elements of Sweepstakes Legislation” by the Promotion Marketing Association, Direct Marketing Association and Magazine Publishers of America. She is a frequent writer and media commentator on the subject of promotion marketing.

Digital Media Marketing: A substantial portion of Ms. Goldstein’s work involves advising clients on how to minimize the legal risks of advertising and marketing online. She is expert in legal issues surrounding mobile marketing, social media and user generated content. She has actively participated in hearings conducted by the Federal Trade Commission on the role of government in regulatory cyberspace and worked with numerous trade associations, including the Mobile Marketing Association, to develop and adopt industry-governing guidelines.

Online Gaming: Ms. Goldstein has advised and counseled numerous clients regarding the legal and regulatory framework in the US governing online gaming.  Ms. Goldstein represents numerous clients in the gaming community including operators of gaming sites lawfully established outside of the United States, entities involved in horseracing and a substantial number of fantasy league operators.  Ms. Goldstein has been actively involved on a policy level in representing industry segments with respect to the Kyl bill and is well versed in all federal and state laws and regulations impacting this evolving area of the law.  She is a frequent lecturer and writer on issues relating to the legality of online gaming activities in the United States both in traditional and non-traditional media.

Direct Response: Ms. Goldstein's expertise also focuses on representing individuals and companies doing business in the infomercial and home shopping industries. She is a former Chairman of the Board of the Electronic Retailing Association and was instrumental in the development of its Electronic Retailing Self-Regulation Program (ERSP), a mechanism for resolving inquiries regarding the truthfulness and accuracy of claims in direct response advertising.

Telemarketing: Ms. Goldstein is an expert in telemarketing law and represents leading direct mail marketers on state and federal legal compliance matters and in connection with complex multistate regulatory investigations.

Branded Entertainment: Ms. Goldstein has earned a national reputation in this emerging area and regularly counsels clients on structuring, negotiating and drafting agreements for integration of brands into film, television, music and video game properties.


Education

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

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



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, Word of Mouth Marketing Association, American Telemarketing Association.

 


Honors & Awards

The Best Lawyers in America, 2006-2010.

Named as one of the Top-Ranked Attorneys, Chambers USA, 2006-2009.

Named as one of the “500 New Stars, New Worlds” in the LawDragon guide.

New York Super Lawyers, 2006-2009.

 


Publications

“A Tale of Two Surprising FTC Cases,” Electronic Retailer Magazine, October 2009.

Co-Author, “Climate Change: ‘Green’ Is So Appealing,” New York Law Journal, September 15, 2008.

“FTC Approves New Rule Provisions Under the CAN-SPAM Act,” Electronic Retailer Magazine, June 2008.

“Enhancement of FTC Powers Fuels More Aggressive Enforcement Initiatives, Electronic Retailer Magazine, April 2008.

“Do Not Call or the FTC May be Calling on You!” Electronic Retailer Magazine, January 2008.

Author, “Legal Review: Negative Option Offers Continue to Top Regulatory Hot Lists,” Response Magazine, April 2007.

Co-Author, “Legal Review: Preparing Your Company for A Data Breach,” Response Magazine, December 2006.

“Free Trial and Continuity Offers Face New Attacks,” Electronic Retailer Magazine, June 2006.

“Do Not Call Violations Carry a High Price Tag,” Electronic Retailer Magazine, April 2006.

“Aggressive Enforcement Continues,” Electronic Retailer Magazine, October 2005.

“FTC Intensifies Focus on CAN-SPAM,” Response Magazine, June 2005.

“ERA’s Self Regulatory Program: Sword or Shield?,” Response Magazine, February 2005.

“FTC and FDA Target Products Claiming Cortisol Control,” Electronic Retailer Magazine, January 2005.

“FTC Targets Electronic Payment Processors,” Response Magazine, December 2004.

“Garvey Walks on Celebrity Pitch,” Response Magazine, October 2004.

Co-Author, “Class Action Bar Discovers Free Trial Offers and Reg E,” Response Magazine, July 2004.

Co-Author, “California Champions Privacy Again; Is Federal Help on the Way?,” Response Magazine, April 2004.

“Legal:  New Trademark Treaty May Benefit Direct Response Marketers,” Response Magazine, January 2004.

“Credit Card Companies' Settlement May Impact Telemarketing of Renewal Offers,” Response Magazine, October 2003.

“Mother, May I?” Promo Magazine, October 2003.

“The FTC’s Ex Parte Asset Freeze on Q-Ray: A Sign of the Times?,” Response Magazine, July 2003.

“Shining A Light on the TSR’s New Negative Option Regulations,” Response Magazine, April 2003.

“Scrutinizing Prospective Telemarketers Up Front Can Protect You In the End,” Response Magazine, October 2002.

“Cracking Down on Handling Charges For ‘Free’ Offers,” Response Magazine, August 2002.

“FTC Seeks Public Comments on Agency’s Negative Option Rule,” Electronic Retailer Magazine, June 2009.

“New Attacks on Negative Option Marketing,” Electronic Retailer Magazine, April 2009.

“Flag on the Play: Are Your Ready for the FACTA Red Flags Rule?” Response Magazine, February 1, 2009.

“Women in the Law:  Taking the Lead,” New York Law Journal, February 2009.

“FTC Proposes Drastic Changes to Endorsements and Testimonials in Advertising Guidelines,” Electronic Retailer Magazine, February 2009.

“The Mirror Image Doctrine in the Post-Trudeau Era,” Electronic Retailer Magazine, October 2008.

“Negative Option Offers Continue to Top Regulatory Hot List,” Response Magazine, April 1, 2007.

Co-Author, “Preparing Your Company for a Data Breach,” Response Magazine, December 1, 2006. 


Speaking Engagements

“Advertising Legal Challenges: Advertising One-on-One, FTC vs. NAD,” Personal Care Products Council: Legal and Regulatory Conference, Chicago, Il, May 2008.

“Changing Rules in Competitor False Advertising Litigation,” American Bar Association Antitrust Spring Law Conference, Washington, D.C., March 2008.

“Advertising Past & Present,” ACI: National Forum on Advertising Law, Las Vegas, NV, June 2007.

“Complying with State Laws on Rebates, Pricing, and Sweepstakes,” ACI: Advertisers’ & Marketers’ Regulatory Summit, Washington, D.C., May 2007.

“Industry Solutions: Exploring Best Practices in Rebate Promotions,” Federal Trade Commission Conference, San Francisco, CA, April 2007.

“The Impact of Existing FDA and FTC Regulations on the Rapidly Evolving Media and Marketing Arena,” Cosmetic, Toiletry and Fragrance Association: 2007 Legal and Regulatory Conference, Savannah, GA, April 2007.

“Ensuring Favorable and Meaningful Product Exposure Through the Use of Brand Integration,” ACI: Maximizing Branded Entertainment Deals, New York, NY, March 2007.

“Complying with State-by-State Requirements in Online and Multiplatform Sweepstakes,” ACI: E-Marketing and Privacy Law, Las Vegas, NV, March 2007.

“Plug and Play: Sweepstakes, Games and Contents,” Promotion Marketing Association Annual Law Conference, Chicago, IL, December 2006.

“Advertising Past, Present & Future—How Prepared Are We for he Next Wave?”  ACI: Advertising Law, New York, NY, December 2006.

“Legal Checklist for New Marketing Campaigns: What You Need to Know Before Implementing a Marketing Strategy,” Law Seminars International, New Developments in Internet Marketing & Selling, San Francisco, CA, November 2006.

“Defining the Legal Parameters of Direct Marketing,” ACI: Retail Counsel’s Summit on E-Sales &  Marketing Law, New York, NY, 2006.

“Analyzing FTC Enforcement Trends & Triggers,” ACI: Retail Counsel’s Summit on E-Sales & Marketing Law, New York, NY, October 2006.

“The Future of Emerging Media: A Look at the Legal Challenges Ahead,” VNU The Next Big Idea, The Future of Branded Entertainment, New York, NY September 2006.

“Recent Legal and Regulatory Developments Impacting Consumer Marketing and Subscription Acquisition,” Magazine Publishers of America, New York, NY, July 2006.

“Playing the Sweepstakes Games without Taking a Gamble: No Purchase Necessary,” American Conference Institute Ad Law Conference, Chicago, IL, June 2006.

“Key Legal Issues and Trends for the Advertising Executive,” American Advertising Federation National Conference, San Francisco, CA, June 2006.

 “A Practical Guide to Product Placement, Brand Integration and Branded Entertainment,” Insight: Advertising and Marketing Law Conference, Chicago, IL, March 2006.

“When Marketing Innovation Keeps Yours Lawyers Awake at Night,” PMA Annual Conference—Branding 360o Activating Innovation, Chicago, IL, March 2006.

“New Developments in Sweepstakes and Promotions,” ACI, Advanced Advertising Law: The Strategic Guide for Corporate Counsel, Chicago, IL, March 2006.

“Legal Issues Impacting Video Games,” The Wall Street Transcript Presents Profiting in the Video Game Economy, New York, NY, February 2006.

“Digital Rights Management: Determining How to Avoid Costly Legal Battles Over Content,” Digital Signage Content Management Conference, Las Vegas, NV, January 2006.

“L is for Loyalty,” VNU: The Next Big Idea, The Future of Branded Entertainment, Los Angeles, CA, January 2006.

 

PRESENTATIONS

"Advertising on Social Networking Sites and Other Media," Personal Care Products Council 2009 Legal & Regulatory Conference, Vancouver, British Columbia, June 2009.

“Advertising Law 101,” American Intellectual Property Law Association (AIPLA) Spring Meeting, San Diego, CA, May 2009.

“From Personality to Process: Earning Our Business,” Response Expo 2009, San Diego, CA, May 2009.

“Web 2.0 and the Future of Mobile Computing: Privacy, Blogs, Data Breaches, Advertising, and Portable Information Systems,” PLI’s Information Technology Law Institute 2009, San Francisco, CA, April 2009.

"Navigating the Potholes: The Evolving Landscape for Sweepstakes, Games, and Contests," PMA's Promotion Marketing Law Conference, Chicago, IL, November 2008.

“Ensuring Mobile Marketing Practices are in Compliance With Recent Caselaw and Regulations,” American Conference Institute’s Focus on Sweepstakes, Contests, & Promotions, New York, NY, October 2008.

“Sports Industry Transactions: Latest Developments in Sponsorship, Licensing, Media, and Sport Facility Transactions,” ABA Forum on the Entertainment and Sports Industries 2008 Annual Meeting, Los Angeles, CA, October 2008.

"Changing Rules in Competitor False Advertising Litigation," American Bar Association's Antitrust Law Spring Meeting, Washington, D.C., March 2008.

"Transformation + Innovation = The Global Media & Communications Revolution," Advertising 2.0 New York, New York, NY, June 2008.

“Advertising One-on-One, FTC vs. NAD,” Personal Care Products Council 2008 Legal & Regulatory Conference, Chicago, IL, May 2008.

“2008 Spotlight on Federal and State Government Enforcement,” American Conference Institute’s 21st Corporate Counsel Forum on Advertising Law, Las Vegas, NV, May 2008.

“Third-Party Liability,” Electronic Retailing Association's Legal Series, New York, NY, April 2008.

"Complying with State-by-State Requirements in On-line and Multiplatform Sweepstakes," American Conference Institute’s Corporate Counsel Forum on E-Marketing and Privacy Law, Las Vegas, NV, March 2007.