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 advises clients on matters involving the intersection of blockchain and cryptocurrency with advertising and marketing issues. In particular, Linda's unique expertise allows her to combine her general knowledge of the regulatory restrictions governing all advertising with the specific rules and regulations governing cryptocurrency products and services.

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

  • Advised a major media company on the rules and regulations governing cryptocurrency advertising and developed advertising guidelines and standards for acceptable advertising.
  • Advised a major media company on the rules and regulations governing cryptocurrency advertising and developed a comprehensive set of advertising guidelines setting forth the requirements for such advertising.
  • 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.
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Experience

  • Advised a major media company on the rules and regulations governing cryptocurrency advertising and developed advertising guidelines and standards for acceptable advertising.
  • Advised a major media company on the rules and regulations governing cryptocurrency advertising and developed a comprehensive set of advertising guidelines setting forth the requirements for such advertising.
  • 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 to 2021)
    • Leading Lawyer in Media, Technology and Telecoms - Advertising and Marketing: Transactional & Regulatory (2018 to 2019)
  • Chambers USA: Advertising: Transactional & Regulatory (2006 to 2021)

    • Band 1 (2020 to 2021), 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 2021)
    • New York “Top Metro Women”
  • LawDragon: 500 New Stars, New Worlds
  • New York Metro "Super Lawyers Top Women Selected" for Media & Advertising (2020)

Memberships

  • Chambers Global Practice Guide on Advertising & Marketing 2020: Contributing Editor
    • Co-Author, U.S. Chapter on Advertising Law
  • 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
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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
Auld Lang Syne 2021 – Significant Events of the Past Year
By Linda A. Goldstein, Daniel Kaufman, Amy Ralph Mudge, Randal M. Shaheen
January 4, 2022
Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked four of our...
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AD-ttorneys Law Blog
The Latest FTC Policy Statement Sets Its Sights on Negative Option Marketing
By Linda A. Goldstein, Daniel Kaufman, Randal M. Shaheen
October 29, 2021
Policy statements are neither rules nor notices of penalty offenses, but when the FTC issues a policy statement discussing an area that has been the subject of a lot of enforcement activity, it warrants serious attention, particularly when...
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AD-ttorneys Law Blog
FTC Cracks Down on Endorsements and Reviews
By John P. Ferry, Linda A. Goldstein, Amy Ralph Mudge, Matthew S. Renick, Randal M. Shaheen
October 13, 2021
By: Linda Goldstein, Amy Mudge, Randy Shaheen, Jack Ferry and Matt Renick The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a...
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Data Counsel
FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations
By John P. Ferry, Linda A. Goldstein, Amy Ralph Mudge, Matthew S. Renick, Randal M. Shaheen
October 13, 2021
By: Linda Goldstein, Amy Mudge, Randy Shaheen, Jack Ferry and Matt Renick The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a...
Read More ->
AD-ttorneys Law Blog
SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b)
By Linda A. Goldstein, Matthew S. Renick
April 29, 2021
Well, the buck stops here (for now). Last week, in AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade Commission (FTC) Act does not authorize the FTC to...
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