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 announced that nine of the firm’s lawyers have been recognized for inclusion in the 2026 edition of The Best Lawyers in America, including Andrew Lustigman and Mary Grieco, and four 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, and Branding Department associate Morgan Spina published an article in Bloomberg Law entitled “Marketers Must Remain Vigilant Following ‘Click to Cancel’ Death.” In the article, Andy and Morgan analyze the Federal Trade Commision’s (FTC) “Negative Option Rule” known as the “Click to Cancel” Rule, a regulation requiring companies with subscriptions services to make cancellation as accessible and easy as signing ...
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 “Look-Alike Products: Are Brand Owners Making a Comeback?” as part of the session “Hot Topics in Intellectual Property, Communications and Technology” at the International Bar Association’s Annual Conference 2025, which will be held in Toronto, Canada, on November 3 from 2:30 P.M. - 5:30 P.M.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Branding Department associate Morgan Spina published an article in Law360 entitled “Influencer Marketing Partnerships Face Rising Litigation Risk.” In the article, Andy and Morgan discuss how social media marketing has matured and how brands and influencers are dealing with an increase of lawsuits due to their failure to meet legal disclosure requirements.
The Digital Millennium Copyright Act (DMCA) went into effect in 1998. The DMCA was enacted to provide copyright protection from online infringement, provide safe havens for online service providers from being sued for copyright infringement, and make it illegal to circumvent systems designed to protect copyrighted works. By many accounts, the law has been a success to both copyright holders and publishers.
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.