Linda A. Goldstein

Partner

New York
T +1.212.589.4206
F +1.212.589.4201

"Linda’s incredible insight and ability to be solution-oriented yet mindful of regulations and legal needs make every experience better than the last."

— Chambers USA 2020

Overview

Co-leader of BakerHostetler’s Advertising, Marketing and Digital Media team, Linda Goldstein is widely recognized as one of the leading advertising lawyers in the country. She regularly provides advertising counsel and regulatory advice to leading Fortune 500 and Fortune 100 companies in many different product and service categories, including telecommunications, wireless, retailing, publishing, entertainment, digital media, gaming, food and beverage, and financial services. She represents clients in investigative and enforcement proceedings brought by the Federal Trade Commission, state attorneys general, district attorneys, and other federal and state agencies with jurisdiction over advertising and marketing practices, and she has handled some of the highest-profile matters, setting industry precedents. Immersed in all aspects of the digital media ecosystem, Linda spends much of her time advising clients on how to minimize the legal risks associated with mobile marketing, e-retail, online communities, social influencers, native advertising, email and telemarketing, sweepstakes and contests, fantasy sports leagues, and casual gaming. Linda also handles all transactional matters relating to the dissemination of advertising campaigns, including sponsorship agreements, agency-client agreements, talent and music agreements, and production agreements. 

As a result of her breadth of knowledge and extensive experience, as well as her grasp of the legal climate, Linda is regularly called upon by national, business and trade publications to share her knowledge of the advertising and marketing industry. Linda’s commentary has appeared in The New York Times, The Wall Street Journal, CNBC, NBC's TODAY Show, Advertising Age, Electronic Retailer Magazine, and the National Law Journal. Linda is a regular participant at prominent business and legal conferences throughout the country, including the Brand Activation Association, International Trademark Association, Performance Driven Marketing Institute, Personal Care Products Council, American Conference Institute and Practising Law Institute.

Select Experience

  • Represented a leading social network in a landmark case brought by the FTC involving the application of the FTC's Testimonial and Endorsement Guides to social influencer networks.
  • Represented major entertainment companies in an industrywide class action challenging text message sweepstakes as violative of federal and state lottery laws.
  • Handled the first and several following cases brought by the FTC against companies engaged in negative option marketing under the Restore Online Shoppers' Confidence Act, which applies to all online transactions involving any type of free trial, automatic renewal or continuity shipment program.
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Experience

  • Represented a leading social network in a landmark case brought by the FTC involving the application of the FTC's Testimonial and Endorsement Guides to social influencer networks.
  • Represented major entertainment companies in an industrywide class action challenging text message sweepstakes as violative of federal and state lottery laws.
  • Handled the first and several following cases brought by the FTC against companies engaged in negative option marketing under the Restore Online Shoppers' Confidence Act, which applies to all online transactions involving any type of free trial, automatic renewal or continuity shipment program.
  • On behalf of a leading wireless carrier, successfully challenged a competitor's national campaign, requiring the competitor to discontinue the entire campaign.
  • Successfully represented a leading online tax preparation service in a Lanham Act suit brought by a competing brick-and-mortar company.
  • Advised a leading video game publisher in connection with the establishment of an e-sports tournament and related community-sponsored tournaments.
  • Represented a major sports league in connection with its participation in Fan Duel and Draft Kings daily fantasy games.
  • Represented a major telecommunications company in a multistate state attorneys general action, which established industrywide standards for marketing of wireless services.
  • Represented leading publishers in a multistate state attorneys general action challenging the companies’ practices of automatically renewing subscriptions.
  • Advised a national online retailer in connection with the development of its entire pricing structure and pricing programs.
  • As former chair of the board of directors of the Electronic Retailing Association, played a key role in the development of the organization's electronic retailing self-regulation program, a self-regulatory mechanism for resolving inquiries regarding the truthfulness and accuracy of direct response advertising claims.
  • Played a key role in developing public policy positions for the Brand Activation Association on a variety of promotion-related issues and has advocated for the industry's agenda in the legal, legislative and regulatory arenas.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2018 to 2020)
    • Hall of Fame in Media, Technology and Telecoms - Advertising and Marketing: Transactional & Regulatory (2020)
    • Leading Lawyer in Media, Technology and Telecoms - Advertising and Marketing: Transactional & Regulatory (2018 to 2019)
  • Chambers USA: Advertising: Transactional & Regulatory (2006 to 2020)

    • Band 1 (2020), Star Individual (2016 to 2019)

  • New York Law Journal Women in the Law (2009)
  • The Best Lawyers in America© (2007 to Present)
    • New York: Advertising Law
    • New York: Commercial Litigation
  • New York Metro “Super Lawyer” (2006 to 2019)
    • New York “Top Metro Women”
  • LawDragon: 500 New Stars, New Worlds

Memberships

  • Performance Driven Marketing Institute
    • Government Affairs Committee: Member
  • Brand Activation Association
    • Legal Affairs Committee: Member
    • Board of Directors
      • Member
      • Former Chairman
  • Gaming Law Review and Economics, Editorial Board: Member

News

News

Press Releases

Publications

Alerts

Articles

Community

  • Planned Parenthood, Hudson Peconic: Board Member

Featured Video

Marketing, Promoting and Pricing Your Products During the Pandemic
Play Video

Hear a discussion on several trending marketing, promotion and pricing issues.

Admissions

  • New York

Education

  • J.D., New York University School of Law, 1978
  • B.A., University of Pennsylvania, 1975, summa cum laude, Phi Beta Kappa

Blog

In The Blogs

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AD-ttorneys Law Blog
When Your ‘Looks' Are Late: FTC Settles With Online Fashion Retailer Over Alleged Mail Order Rule Violations
By Linda A. Goldstein, Matthew S. Renick
May 6, 2020
Online retailers are well aware of how the promise of quick delivery can influence consumer purchasing decisions. Especially in times like these, when delivery times have slowed for many companies, marketers might be even more tempted to...
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AD-ttorneys Law Blog
COVID-19 Update: FTC and States Combat Scams, Price Gouging and Deceptive Ads
By Linda A. Goldstein, Matthew S. Renick
March 30, 2020
We recently blogged about regulatory warning letters and a consumer class action stemming from consumer-facing advertising related to the coronavirus. Today, we write to provide updates on state and federal efforts to protect consumers and...
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AD-ttorneys Law Blog
Court Invalidates New York's Legalization of Fantasy Sports
By John P. Ferry, Linda A. Goldstein
February 25, 2020
The New York Appellate Division dealt a shocking blow to the fantasy sports industry by ruling earlier this month that daily fantasy sports contests are a form of gambling and that the law passed by New York in 2016 legalizing and...
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Data Counsel
A Collaborative Effort: The Advertising, Marketing and Digital Media Team
By Linda A. Goldstein, Amy Ralph Mudge
January 29, 2020
The following story is one in a six-part series devoted to the half-dozen pioneering teams that comprise the firm’s new Digital Asset and Data Management Group. A prime example of BakerHostetler’s preeminence in the legal industry is on...
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Data Counsel
IAB Previews Solution for Interest-Based Advertising and CCPA ‘Do Not Sell' Right
By Kyle R. Fath, Gerald J. Ferguson, Alan L. Friel, Linda A. Goldstein
September 19, 2019
On September 17, 2019, numerous stakeholders in the digital advertising industry – including publishers, advertisers/brands, AdTech companies and law firms (including numerous representatives from BakerHostetler) – convened at the...
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