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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

Legal landscape for cybersecurity risk is changing as federal government and SEC take action

Olshan Partner Andrew Lustigman and Associate Mason Barney Discuss Recent Actions for how Companies Approach Cybersecurity. Read More ›

POM Petitions D.C. Circuit for Rehearing on FTC Action

Despite obtaining an appellate ruling rejecting an across the board fixed substantiation requirement and an endorsement of first amendment rights to truthful promote certain health claims, POM is now seeking a rehearing from the broader appellate court on the issue of the constitutionality of POM’s advertising. While such a challenge is a long shot, the stakes are high for the FTC and marketers alike. Read More ›

Supreme Court To Consider An Appeal That Could Greatly Impact TCPA Litigation

Oral arguments scheduled for October; Decision likely in 2016 Read More ›

Court Rules Against Affiliate Marketing Network

A District Court has ruled that LeadClick Media, an affiliate marketing network, and its parent company, CoreLogic, Inc., must turn over $16 million they received from Leanspa LLC, an advertiser that sold purported weight-loss products. Read More ›

Cyber-liability insurance: Understanding what you have and what you may need

Cyber-liability coverage cannot be addressed in a one-size-fits-all fashion. Read More ›

Lustigman Speaks on New Legal Developments in Mobile Marketing, Mobile Apps and Tracking

Andrew Lustigman spoke at the Direct Marketing Association and Mobile Marketer's 6th Annual Mobile Marketing Day. Read More ›

Lustigman and Smith Discuss Drawbacks of Failing to Comply with NAD Advice

Partners Andrew Lustigman and Howard Smith authored an article published by Inside Counsel entitled, "When self-regulatory remedies can be the better alternative." Read More ›

FTC Settles with the Mobile App Game for Kids That Made “Brain-Training” Claims

The FTC and the makers of the Jungle Rangers mobile App game, which is geared towards children, have reached a settlement regarding the company's unsubstantiated cognition-related claims in their advertisements.  Read More ›