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.

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, will chair the session “Artificial Intelligence and the Public Domain: Global IP Frontiers in AI-Generated Advertising” from 9:30 A.M. – 10:45 A.M. and will also participate in the session “Legal Marketing in the Digital Age: Social Media, Self-Promotion and Professional Ethics” from 2:30 P.M. – 3:45 P.M. on October 8 at the International Bar Association’s Annual Conference 2026, which will be held at the Bella Center in Copenhagen, Denmark, from October 4 – 9.

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum published an article in Corporate Compliance Insights entitled “Substantiate Your AI Claims Before They Become AI-Washing Challenges.” In the article, Andy and Barry discuss how companies can substantiate AI related marketing claims, reduce AI washing risk and maintain support for claims as models, datasets and vendor tools evolve.

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, will moderate the session “From Trust to Proof: Accountability, Assurance and Public Oversight” on October 12 from 12:20 P.M. – 1:00 P.M. at the Institute for Advertising Ethics’ (IAE) The Elements of Intention: Trustworthy Advertising in the Age of AI Summit in New York.

Chair of Olshan’s Intellectual Property Law Group and Co-Chair of the firm’s Brand Management & Protection Group Mary Grieco, Brand Management & Protection associate Morgan Spina and Corporate associate Rachel Gold authored a guidance note in OneTrust DataGuidance (subscription required) entitled “California - Cookies & Similar Technologies.” Focusing on cookies and similar tracking technologies under the California Consumer Privacy Act (CCPA), the article explains when cookies constitute personal information, when consent is required, how businesses must handle opt-outs and the risks associated with third-party tracking.

Olshan announced that nine of the firm’s lawyers have been recognized for inclusion in the 2027 edition of The Best Lawyers in America, including Andrew Lustigman and Mary Grieco, and three lawyers have been recognized to the “Ones to Watch” list.

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm's Brand Management & Protection Group, published an article in Luxury Marketer entitled, “New York State May Thwart Algorithm-Determined Surveillance Pricing Based on Individual Shopping Behavior.” The article discusses the New York Legislature's passage of the One Fair Price Act.

Click here for the August 17, 2026 Newsletter

Chair of Olshan’s Insurance Coverage Law Practice Anthony Crawford presented a myLawCLE webinar entitled “AI Vendor Agreements: Liability-Shifting Clauses and the Insurance Exclusions That Compound Them.”

Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum published an article in Law360 entitled “How ‘Settled Expectations’ Affect Amazon’s Patent Program.” In the article, Barry examines how the U.S. Patent and Trademark Office’s evolving settled expectations framework may limit the availability of inter partes review for older patents and reshape strategy in Amazon Patent Evaluation Express, or APEX disputes.

Olshan Counsel  Richard Quatrano published an article in ManagingIP (subscription required) entitled, “Following the Chain of Title: The Hidden IP Risk in Technology M&A.” In the article, Richard explains why technology M&A buyers and sellers must verify written intellectual property assignments because gaps in the chain of title can undermine valuation, deal terms, and closing certainty.

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