Advertising Law Blog

Olshan Advertising, Marketing & Promotions partner Scott Shaffer published an article on July 3 in Law360 (subscription required) titled “4 Consumer Class Action Trends To Watch In 2nd Half Of 2025,” which discusses the latest trends in consumer protection litigation, including class actions involving websites, digital tools and marketing messages.

Last month, New York passed its 2025-2026 omnibus budget bill. Contained within the Transportation, Economic Development and Environmental Conservation bill are unique consumer protection provisions, including those related to automatic renewals, online return policies, and algorithmic pricing disclosures, as well as AI companions. Given the method in which they were enacted, many of these provisions threaten to take online marketers by surprise.

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Mary Grieco, Chair of the Intellectual Property Law Group and Co-Chair of the Brand Management & Protection Group, will speak on the panel “Legally Speaking: Social Media Influencer and Brand Protection Issues" at Luxury Roundtable's Luxury PR & Brand Communications Summit in New York on July 23, 2025.

Olshan Frome Wolosky LLP has been recognized in the 2025 edition of The Legal 500 US as a Leading Law Firm in Advertising and Marketing: Transactional and Regulatory, with three attorneys individually ranked, including Andrew Lustigman being recognized as a Leading Partner. The firm’s recognition in this highly competitive category reflects its steady focus on advising clients in advertising law and regulatory compliance.

Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman has been named a Leading Lawyer in the Chambers USA 2025 Guide for Advertising: Transactional & Regulatory for the eighteenth consecutive year. Chambers has consistently recognized Andy since 2008 for providing clients with legal advice on a wide range of advertising concerns. He joins three practice areas and nine other Olshan attorneys in this recognition.

Equinox Group, LLC, the operator of Equinox and SoulCycle fitness clubs, recently entered into a settlement agreement with the New York Attorney General’s Office (“OAG”). Under the  settlement terms contained in the Assurance of Discontinuance, Equinox agreed to pay $600,000 and overhaul its subscription and cancellation practices. The deal was announced in May 2025, following the OAG’s investigation into Equinox’s automatic renewal terms and cancellation processes. While the monetary penalty is notable, it is the prospective reforms that are more consequential for ongoing industry compliance.

With the rise of the use of generative AI training comes the risk of potential lawsuits from copyright owners whose works have been used without their authorization. The US Copyright Office is stepping up to provide guidance to keep up with this evolving technology and help define what constitutes fair use.

Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman has been appointed the International Bar Association’s Treasurer of the Intellectual Property and Entertainment Law Committee, to serve from January 2025 to December 2026. The IBA’s Legal Practice Division Committees provide invaluable services to members through conferences, webinars, projects and publications, including the IBA Annual Conference in Toronto, November 2-7, 2025.

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, will speak on the panel “Food Marketing, Advertising, and Promotion Essentials: Ensuring Claims Compliancy and Meeting Substantiation Standards Relative to Health, Nutrition, Structure, and Function” as part of ACI’s Food Law and Regulation Boot Camp which will be held virtually on July 22, 2025, at 4:00 P.M. The panel will examine the relationship between the food product label and advertising and promotion, how to differentiate between “claims made” and “claims substantiated,” understanding what you can and cannot say in food advertising and promotion, how to distinguish FDA and FTC jurisdiction and authority relative to claims substantiation in food advertising and promotion, and much more.

As many readers of this blog know, “keyword advertising” is an online marketing tool whereby advertisers purchase a keyword or phrase from internet search engine providers, especially Google. When a consumer searches for a term that has been purchased, the search returns sponsored links, typically marked as “Ad,” “Sponsored” or “Promoted,” as the top results, above even those results generated by the search engine’s algorithm.