Kimberly Culp works with digital media, video game, e-commerce, technology, and consumer products companies. A comprehensive counsel, Kimberly is skilled at advising her clients on advertising and marketing, privacy, and intellectual property laws. Kimberly’s focus is on working with her clients to ensure that their consumer-facing materials are legally compliant.

With respect to marketing, Kimberly helps her clients design and execute their marketing campaigns, such as their promotions, sweepstakes and contests. She regularly provides training to marketing teams on advertising law so that the business team is aligned with the relevant laws. Kimberly has also established and implemented effective compliance programs.

Kimberly works closely with the business team on privacy-by-design to ensure that privacy compliance is embedded into the design of the product or service. Kimberly has experience drafting and negotiating agreements relating to the transfer or handling of consumer data. Kimberly drafts consumer-facing materials, such as privacy policies and terms of use, to accurately reflect her clients’ privacy practices. Kimberly has litigated privacy and breach cases, and regularly works with her clients to mitigate their risk from potential litigation.

Kimberly has experience advising clients on FTC regulations, the Lanham Act, California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), Children’s Online Privacy Protection Rule (COPPA), CAN-SPAM, Telephone Consumer Protection Act (TCPA), and California consumer and privacy laws.

When litigation is unavoidable, Kimberly has the proven experience to successfully represent her clients in all aspects of a dispute. Regardless of how the issue arises, Kimberly’s focus is on helping her clients reach their strategic business goals.

Key Areas

  • Video Games
  • Emerging Technologies
  • Digital Media

Practice Areas

  • Advertising and Marketing
  • Trademarks and Brand Protection
  • Intellectual Property

Experience & Affiliations

Representative Matters


Representative Advertising & Privacy Matters

  • Advised eSports platform about business model and monetization options.
  • Advised gaming companies regarding influencer agreements and issues, revised agreements re same, provided trainings re same.
  • Advised digital media and video game companies regarding virtual currency and monetization issues.
  • Negotiated acquisition of video game assets for mobile game company and prepared agreements re same.
  • Designed national and international sweepstakes and contests for consumer products companies.
  • Privacy-by-design for healthcare technology company using emerging technology to deliver its service.
  • Drafted loyalty program terms for international gaming company.

Representative Litigation Matters

  • For video game company, successfully negotiated resolution of copyright dispute.
  • Represented online provider of college applications in patent and Lanham Act litigation in bench and jury trials.
  • In multi-party dispute over trade secret misappropriation of video game concept, obtained favorable settlement for accused defendant.
  • Defending advertising networks in class actions brought over e-mail advertising, and obtaining favorable settlements.

Professional Organizations

  • State Bar of California
  • University of California, Hastings College of the Law | Board of Governors


  • All state and federal courts in California
  • United States District Court, Eastern District of Wisconsin
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Federal Circuit

Speaking Engagements

  • March 4, 2021, "Video Game Laws Around the World to Pay Attention to in 2021," Mobile Growth Summit Games
  • December 21, 2020, "IP Rights in eSports: Maximizing Brand Control, Minimizing Infringement Risks," Stafford Live Webinar
  • December 12, 2020, "Emerging IP Issues in XR Content," XReality
  • September 29, 2020, "Online Casino Legal Regulations for Esport Wagering Professional, and Collegiate Esports," Casino eSport Conference
  • May 2020, "Team Formation, Contracts, IP and Other Issues in Competitive Gaming," National Business Institute
  • February 21, 2020, "Infringement of IP Rights in Augmented and Virtual Reality," Stafford Live Webinar
  • September 2019, "Games Monetizing with In-App Purchases Need to Re-Consider Their Terms of Their Games Including Children," Ganasutra
  • February 2019, "Infringement of IP Rights in Augmented and Virtual Reality," Strafford Live Webinar
  • February 2019, "How Companies Use Influencer Marketing To Grow Their Users," MobileGrowth Summit
  • January 2019, "IP Rights in Esports: Maximizing Brand Control," Stafford Live Webinar
  • October 2018, "IP Rights in Augmented Reality and Virtual Reality," Strafford Webinar
  • August 2018, "#Ad Disclosures:  Federal Trade Commission Best Practices for Brands and Social Media Influencers," ABA Webinar
  • May 14, 2018, "How to Work with Influencers to Avoid Scrutiny from Government Regulators," Pocket Gamer Connects
  • April 16, 2018, "IP and Licensing Issues in Virtual Reality," Venable's Annual Advertising Law Symposium
  • April 19, 2018, "#Ad Disclosures:  Federal Trade Commission Best Practices for Brands and Social Media Influencers," ABA 33rd Annual Intellectual Property Spring Law Conference
  • October 2017, "Ghosts in the Machinima:  Law and Culture in Augmented and Virtual Worlds," The Spangenberg Center for Laws, Technology & the Arts at Case Western Reserve University
  • October 2017, "The Future of Imagination:  Virtual Reality, Augmented Reality, and How We Shape Our World," The City Club of Cleveland
  • June 28, 2017, "6 Legal Areas No Mobile Game Developer Should Ignore," Pocket Gamer Connects San Francisco
  • May 10, 2017, "Virtual and Augmented Reality for Games & Entertainment" at LA Games Conference
  • May 6, 2017, "AR/VR 101: Where We're at and How We're Building the Future" at the TiEcon 2017 Conference
  • April 20, 2017, "Terms of Use are Only Useful if Enforced: How to Craft Enforceable Terms of Use in Mobile," Venable's Ad Law Symposium
  • April 5, 2017, "Legal Compliance…I Choose You! An IP Discussion of Augmented Reality" at the American Bar Association's 32nd Annual Intellectual Property Law Conference
  • March 17, 2017, "10 Ways to Protect Your Brand," SK Telecom Americas Innovators Accelerator
  • August 17, 2015, "The Need to Know About Native Advertising," for the San Francisco Bar Association
  • January 30, 2015, "Advertising in a Digital Age," for the San Francisco Trial Lawyers' Association
  • October 20, 2014, Bridging the Gaps: An Advertising Law Symposium Hosted by Venable LLPOctober 15, 2014, "Advertising and Privacy in the Internet Age: Guidance for On-Line Commerce," for the San Francisco Bay Area ACC Chapter and ABA Section of Antitrust Law

Honors and Awards

  • Selected to Northern California Super Lawyers® Rising Stars, 2012 - 2019
  • Selected to Northern California Super Lawyers for Intellectual Property Litigation, 2020


  • September 2019, "Games Monetizing With In-App Purchases Need to Re-Consider Their Terms if Their Games Include Children," Gamasutra
  • July 2019, "It May Be Time to Re-Evaluate How to Monetize Gaming Apps Geared Toward Kids," Gamasutra
  • January 11, 2019, What Interactive Digital Entertainment Companies Are Doing to Prepare for the California Consumer Privacy Act, Gamasutra, Kimberly Culp
  • Novewmber 26, 2018, Considerations for Obtaining Consent to Your Data Practices, Gamasutra, Kimberly Culp
  • October 25, 2018, Disclosing an Affiliation in Sponsored Gameplay, Gamasutra, Kimberly Culp
  • October 11, 2018, Game Design Considerations to Reduce Litigation Risk, Gamasutra, Kimberly Culp
  • May 12, 2018, Disclosing A Brand Affiliation In Video Content, The Social Media Monthly, Kimberly Culp
  • April 20, 2018, Lindsay Lohan Loses Right of Publicity Appeal against Grand Theft Auto, Kimberly Culp, Taylor G. Sachs, Gamasutra
  • February 2018, Filthy Lucre: Regulatory Risks of Digital Currency, Loot Crates, and Kimberly Culp, Christopher L. Boone, Evan R. Minsberg, Andrew E. Bigart, Other Video Game Monetization Strategies
  • Spring 2017, The Collision of VR, Big Data, and the Law, Vol. 4 2017 edition of the German American Chambers of Commerce’s Legal & Tax Newsletter, Kimberly Culp, Shannon K. Yavorsky
  • October 2017, Augmented Reality and Fair Use: Narrowing the Standard, Bloomberg BNA's Electronic Commerce & Law Report, Meaghan H. Kent, Kimberly Culp, Briana C. Rizzo California
  • September 27, 2017, The Collision of VR, Big Data and the LawDaily Journal, Kimberly Culp, Shannon K. Yavorsky
  • September 14, 2017, Digital Scraping Update for the Northern District of California, IP Buzz, Justin E. Pierce, Kimberly Culp
  • August 22, 2017, Candy Lab And The Changing Reality Of Augmented Reality National PaceLaw360, Kimberly Culp, Taylor G. Sachs
  • July 3, 2017, Augmented Reality Legal Issues are Very Real Intellectual Property, Shannon K. Yavorsky, Kimberly Culp
  • May 22, 2017, Regulatory Risks of In-Game and In-App Virtual Currency, Andrew E. Bigart, Kimberly Culp, Evan R. Minsberg, Digital Media Link
  • May 4, 2017, Copyright considerations for Ads Using, Kimberly Culp
  • February 1, 2017, Using Virtual Currency in Your Game Requires Compliancy Too App Developer Magazine, Kimberly Culp, Evan R. Minsberg
  • January 25, 2017, 2017 Trends in Mobile Gaming, Digital Media Link, Kimberly Culp
  • January 23, 2017, Smart Ways to Drive Traffic and Revenue to Your Video Game, Digital Media Link, Kimberly Culp, Po Yi
  • December 6, 2016, Back In the Game Patenting Video Games, IP Buzz, Kimberly Culp, William A. Hector
  • October 21, 2016, Are Your Mobile Game's Terms of Use Enforceable?, App Developer Magazine, Kimberly Culp
  • September 2016, When Can I Use a Person's Likeness in My Game?, Kimberly Culp
  • Summer 2016, New Media Affords New Ways to Deliver Advertising and Branded Content—and New Challenges California Business Law Practitioner Volume 31/ Number 3 (Summer 201, Kimberly Culp, Amy Ralph Mudge, Randal M. Shaheen
External Publications
  • World Intellectual Property Review quotes Kimberly Culp in article about AR and VR technologies used for advertising and branding.
  • Bloomberg Law, Tech & Telecom Law News quotes Kimberly Culp in article about online advertisers embracing blockchains to fight fraud.
  • LegalTchNews and quotes Kimberly Culp about intellectual property issues around AR or VR products.
  • Inside Counsel quotes Kimberly Culp on the legal challenges facing augmented reality and mixed reality
  • Inside Counsel interviews Kimberly Culp on legal issues surrounding augmented reality in video games
  • Today’s General Counsel features Kimberly Culp’s authored article
Kimberly Culp's Blog on Gamasutra


Webinar | Advertising Your Video Game (Part 6)
Webinar | Advertising Your Video Game (Part 5)
Webinar | Advertising Your Video Game (Part 4)
Webinar | Advertising Your Video Game (Part 3)
Webinar | Advertising Your Video Game (Part 2)
Webinar | Advertising Your Video Game (Part 1)
Webinar | Is It Worth Your Effort to Create a Virtual Economy (Part 2)
Preparing to Sell a Video Game Studio
Webinar | Is It Worth Your Effort to Create a Virtual Economy (Part 1)
Best Practices for Marketing to Children
eSports Players and Teams Benefit from Negotiated Contracts
Refunds, Rebates, and Regrets – Why Your Terms of Service May Help You Manage the Challenge of COVID-19, But Also Might Not Be Sufficient In This Trying Time
Do Not Gamble with Browsewrap Terms of Use
Legal Issues a New Game Studio Should Consider
Using Influencers to Promote A Video Game
California’s New Law Changing the Rules for Contractors May Mean Big Changes for Indie Video Game Studios
The Ninth Circuit Corrects Course Regarding Federal Data Scraping Law
Website and App Creators Need to Consider Accessibility Standards
Ad Disclosures in Mobile
Time To Rethink Your Text And Call Marketing Plan