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.
Olshan’s Advertising, Marketing & Promotions Group has won the 2025 Media Law International Award for Law Firm of the Year. Honoring excellence across the legal practice, this award celebrates firms that demonstrate outstanding expertise and leadership and continue to elevate standards across the profession. The MLI Law Firm of the Year Award is based on the rigorous research of a leading independent publisher with a singular focus on media law, covering 60 jurisdictions worldwide. MLI’s qualitative approach involves extensive evaluation of law-firm capabilities, including market presence and sector specialization.
A federal lawsuit challenging the state of Texas’ recent expansion of telemarketing regulations to include text messages has ended with a stipulation of settlement that applies a more limited scope of the registration requirement for SMS marketing programs. This blog has previously covered this issue as businesses were vexed by the dilemma of whether or not registration as a telemarketer in Texas was required under a confusingly worded new state law known as SB 140.
New York’s Algorithmic Pricing Disclosure Act is now in effect (as of November 10, 2025). (Read our coverage of the law in our June 25, 2025 Advertising Law Blog post.) Originally enacted in May as part of the state’s 2025-2026 omnibus budget bill, the law's effective date was delayed due to a failed legal challenge in the United States District Court for the Southern District of New York by the National Retail Federation, who alleged that the Act’s mandatory disclosure requirement violated the First Amendment and sought a preliminary injunction.