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.
E-commerce businesses received welcome news on September 30, 2026 when Governor Gavin Newsom signed Senate Bill 690, a pro-business measure aimed at curbing the recent epidemic of lawsuits and demand letters brought under the California Invasion of Privacy Act (CIPA). Based on CIPA’s anti-surveillance wording dating back to the 1970s, plaintiffs had been using the statute to target e-commerce websites for using common website tracking technologies.
Over the last few years, the rapid expansion in the way that artificial intelligence has been used has opened a world of creative possibilities. In the area of advertising, recent legislation is attempting to play catch-up, presenting advertisers with legal limitations on the use of the latest technologies.
Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum was quoted in Bloomberg Law’s New York Brief item, “SDNY Ruling Offers ‘Warning’ for Data Laws,” on the First Amendment considerations state lawmakers may face when regulating AI and algorithmic recommendations.
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