Practice Areas
Honors
- Andy has been repeatedly ranked as a "Leading Lawyer" in Advertising: Transactional & Regulatory" by Chambers USA annually since 2008
- Andy has been recognized as a "Recommended Lawyer" in The Legal 500 U.S. in Media, technology and telecoms – Advertising and Marketing annually since 2016
- Andy has been selected by his peers for inclusion in The Best Lawyers in America in the field of Advertising Law, annually since 2016
- Andy has been consistently named to the New York Super Lawyers list, a Thomson Reuters lawyer rating service, since 2008
- Andy has been named to the Top 100: New York — Metro Super Lawyers list for 2019 and 2020
- Andy is AV-rated (“Preeminent”) by Martindale-Hubbell
Education
J.D., magna cum laude, American University, Washington College of Law, 1991
Managing Editor, The American University Law Review
B.A., University of Michigan, 1988
Bar & Court Admissions
- New York
- New Jersey
- U.S. District Court District of New Jersey
- U.S. District Court District of Maryland
- U.S. District Court of the District of Columbia
- U.S. District Court District of Colorado
- U.S. District Court, Eastern, Southern, and Western Districts of New York
- U.S. Court of Appeals 2nd, 4th, 11th Circuits
- U.S. Court of Appeals Federal Circuit
- U.S. Supreme Court
Andy Lustigman is Co-Managing Partner of the firm, a member of the Olshan Executive Committee, Chair of the firm's Advertising, Marketing and Promotion's Group, and Co-Chair of Brand Management & Protection Group.
Leveraging his extensive experience in advertising, marketing and promotions, Andy counsels domestic and international clients regarding a broad range of matters, including the clearance of advertising and marketing materials, the structuring of sweepstakes, games of skill, and other contests, the development of social media programs and direct marketing campaigns from a compliance standpoint, and the resolution of regulatory, competitor, intellectual property and privacy matters. Having been recognized by Chambers USA for fifteen consecutive years, Chambers noted that, "Andy has always been an outstanding guy to work with." The publication also notes that "Andrew is very responsive when contacted and oftentimes the question is answered or the issue is handled directly after one conversation." "He is a very strong team leader who handles our corporate legal affairs with the utmost professionalism and accuracy."
Advertising Clearance and Promotional Marketing Compliance
A significant portion of Andy's practice involves review of advertising and promotional campaigns to help ensure compliance with substantiation requirements and relevant legal standards. He provides advice for campaigns across all media channels — Internet, television, print, radio, direct mail, mobile, telemarketing, and other electronic media, as well as social media platforms.
Regulatory Investigations and Litigation
Andy regularly represents clients in advertising-related investigations and litigation brought by federal and state regulatory agencies, including the Federal Trade Commission, the Food and Drug Administration, Federal Communications Commission, the United States Postal Service, the United States Senate, state attorneys general and other governmental organizations.
Consumer and Business Litigation
He also handles individual consumer, consumer class action, and related commercial litigation involving false and deceptive advertising issues, intellectual property, and corporate matters. He advises clients on strategies to address emerging threats and on creative and aggressive defense theories. In prosecuting and defending his clients’ interests, he frequently appears in federal and state court and before the National Advertising Division of the Better Business Bureaus.
Health Product Counseling and Defense
A core component of Andy's practice is advising clients on compliance with Federal Trade Commission and Food and Drug Administration requirements regarding advertising, labeling and distributing health-related products. These products include prescription drugs, OTC products, dietary supplements, medical devices, cosmetics, and medical foods. In addition, he frequently represents clients before these regulatory agencies in connection with investigations, warning letters, inspections, and litigation and in competitor disputes under the Lanham Act and state equivalents as well as in alternative dispute venues such as NAD and ERSP.
Industry Expert
With over 25 years experience in advertising law, Andy regularly appears on television, radio, and in publications such as the The Wall Street Journal, New York Post, National Law Journal, Inside Counsel, Bloomberg BNA, Law360, Mobile Marketer, Luxury Daily, and Response discussing important new cases and trends that advertisers and marketers need to know. He also contributes to the Brand Activation Association/Promotion Marketing Association's Promotion Marketing Law treatise and various American Bar Association publications. He frequently speaks on advertising and promotional marketing law topics throughout the country.
Ranked by Chambers USA, Legal 500 US and Best Lawyers
Each year since 2008, Andy has been selected as a Notable Practitioner in his practice area by Chambers USA, the leading legal directory that publishes annual rankings based on interviews with thousands of clients. According to Chambers USA, he was acclaimed by peers for his skill as an NAD practitioner and for his traditional advertising expertise, with Chambers noting, "He's the one guy in the industry I'd go to. Every single issue in advertising, compliance, litigation, whatever — he does it all, and he does it well." Chambers USA has also described Andy as a premier choice as he provides clients with legal advice on a wide range of advertising concerns, from structuring sweepstakes to regulatory proceedings, quoting clients who say "Andrew is amazing at what he does. He is very agreeable, social and has a winning personality." Legal 500 US has recognized Andy as a “Recommended Lawyer” in Advertising and Marketing since 2016. Clients praise Andy as "an expert team leader. He assesses the client’s needs and directs an efficient resolution of all relevant legal matters.’' Additionally, Andy was selected by his peers for inclusion in The Best Lawyers in America for his distinguished work in Advertising.
Prior to joining Olshan, Andy was the principal of The Lustigman Firm, P.C.
Professional & Community Affiliations
LAWorld International Legal Network
New York State Bar Association
New Jersey Bar Association
Association of the Bar of the City of New York, Consumer Affairs Committee
Brand Activation Association/Promotion Marketing Association, Legal Affairs Committee
American Bar Association, Committee on Promotion and Marketing Law (past chair)
American Bar Association, Consumer Protection Committee
Direct Marketing Association
Federal Communications Bar Association
Fellows of the American Bar Foundation
- Represented a global financial services firm in obtaining NAD decisions in connection with four multi-million dollar, wide-spread, national advertising campaigns. Prosecution of challenges resulted in decisions requiring competitors to significantly modify their wide-spread commercial advertising campaigns.
- Represented a nutritional supplement industry leader in its challenge of the false and unsubstantiated claims made by a competing supplement provider that one of its products was superior. NAD ruled in favor of our client on all challenged claims and determined that the competitor should modify its advertising.
- Provides ongoing advice to the leading consumer advocacy publisher in connection with Internet marketing promotions, mobile applications, review of direct mail subscription pieces, and contests and sweepstakes. Provides ongoing legal advice on regulatory and compliance matters.
- Represents leading interactive promotion agency in structuring contests, drafting rules, and reviewing advertising and promotional materials. Provides ongoing legal support throughout the contest period and winner selection process.
- Represents the largest subscription radio broadcaster in connection with advertising, marketing and business practices, ensuring compliance with a myriad of federal and state laws. Specifically provides guidance with respect to telemarketing, automatic renewal, billing disclosures, and collection issues.
- Represents two leading interactive promotional marketing agencies and their clients with respect to their contests and promotions. Helps structure sweepstakes, draft rules, review advertising and promotional materials, and provides ongoing legal support throughout the sweepstakes period and winner selection process.
- Counsels mobile media and computing giant to ensure the marketing and business practices for its retail stores comply with a myriad of federal and state laws, specifically with respect to legal issues involving the retail marketing of the company’s mobile phone products.
- Defended an Internet service provider in connection with a high-profile investigation brought by the New York Attorney General. Developed a strategy, assisted in responding to the investigation, and ultimately obtained a satisfactory resolution. The settlement was part of “Operation Clean Turf” which received national media attention. We continue to represent the company in ongoing matters.
- Represented a technology company that powers leading hybrid travel agencies in connection with a competitor’s challenge to one of its agency’s online airline price and savings claims made in a wide-spread, multi-channel advertising campaign. NAD recognized that our client offers consumers air fare savings, including discount airfares, a best price guarantee, and additional savings opportunities that may not be generally available to consumers. We continue to represent the company in ongoing matters.
- Represented telecommunications suppliers in litigation with the Vermont Attorney General, regarding marketing and billing practices of companies providing third-party services.
- Defending marketer of memorabilia in connection with an FTC and NY State investigation relating to its marketing practices, specifically providing proactive advice in terms of advertising review and responding to inquiries and media issues.
- Advised investment banking firm in connection with its proposed acquisition of a stake in one of the largest health and fitness companies in the United States. Services included review of advertising, privacy, and marketing practices.
- Successfully defeated a motion for class certification, reducing liability from $20 million to $500, for a provider of on-demand automated voice broadcasting and bulk text messaging technology, that was named as a defendant in a class action lawsuit under the Telephone Consumer Protection Act. Also won a summary judgment motion against a co-defendant for indemnification.
Media Mentions/News
- January 3, 2023
- November 3, 2022
- October 13, 2022
- September 29, 2022
- August 18, 2022
- June 9, 2022
- June 1, 2022
- May 27, 2022
- April 8, 2022
- February 24, 2022
- January 10, 2022
- November 4, 2021
- October 27, 2021
- October 1, 2021
- September 21, 2021
- August 31, 2021
- August 19, 2021
- June 15, 2021
- May 21, 2021
- February 18, 2021
- January 29, 2021
- January 26, 2021
- January 5, 2021
- December 10, 2020
- December 2, 2020
- November 18, 2020
- November 5, 2020
- October 28, 2020
- October 19, 2020
- September 10, 2020
- September 2, 2020
- September 1, 2020
- August 28, 2020
- August 20, 2020
- August 13, 2020
- August 7, 2020
- July 22, 2020
- July 17, 2020
- June 25, 2020
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- December 27, 2019
- December 10, 2019
- November 14, 2019
- November 1, 2019
- October 22, 2019
- September 12, 2019
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- June 5, 2019
- April 26, 2019
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- April 1, 2019
- November 1, 2018
- October 10, 2018
- September 27, 2018
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- June 20, 2018
- June 7, 2018
- June 4, 2018
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- November 1, 2017
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- June 15, 2016
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- March 6, 2016
- February 29, 2016
- January 15, 2016
- January 7, 2016
- December 14, 2015
- December 10, 2015
- November 3, 2015
- October 30, 2015
- October 23, 2015
- October 15, 2015
- September 28, 2015
- September 16, 2015
- September 2, 2015
- August 26, 2015
- August 17, 2015
- July 31, 2015
- May 27, 2015
- May 8, 2015
- April 17, 2015
- April 9, 2015
- March 13, 2015
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- February 17, 2015
- February 3, 2015
- January 30, 2015
- January 20, 2015
- January 8, 2015
- December 23, 2014
- December 9, 2014
- November 25, 2014
- November 11, 2014
- October 28, 2014
- October 14, 2014
- October 10, 2014
- September 30, 2014
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- June 26, 2014
- June 15, 2014
- May 27, 2014
- May 27, 2014
- May 21, 2014
- April 30, 2014
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- February 21, 2014
- February 6, 2014
- October 1, 2013
- September 13, 2013
- September 13, 2013
- August 6, 2013
- June 6, 2013
- May 24, 2013
- May 7, 2013
- April 23, 2013
- March 8, 2013
- January 24, 2013
- January 1, 2013
- December 13, 2012
- December 11, 2012
- September 20, 2012
- June 19, 2012
- June 7, 2012
- May 23, 2012
- April 23, 2012
- March 21, 2012
- December 12, 2011
- September 21, 2011
- September 21, 2011
- September 21, 2011
- June 27, 2011
- June 23, 2011
- June 1, 2011
Speaking Engagements
- October 18, 2022Brooklyn Law School
- July 13, 2022Millennium Knickerbocker Hotel, Chicago, Illinois
- May 12, 2022CLE Webinar
- March 10, 2022Webinar
- October 27, 2021LAWorld Virtual Workshop
- October 14, 2021Webinar
- February 3, 2021
- January 29, 2021Webinar
- December 16, 2020
- September 23, 2020
- July 17, 2020Webinar
- January 29, 2020New York, NY
- October 22, 2019New York, NY
- May 16, 2019
- June 26, 2018
- June 7, 2018
- April 6, 2018
- November 16, 2017Miami
- November 13, 2017Chicago
- August 8, 2017
- March 6, 2017New York City Bar Association
- February 11, 2017Orlando, FL
- Advertising Compliance in the New Digital Age: Influencer and Real Time Advertising Compliance IssuesJanuary 2017Association of the Bar of the City of New York, Consumer Affairs Committee
- October 27, 2016Audio Webinar
- October 19, 2016San Francisco, CA
- October 17, 2016New York, NY
- September 27, 2016New York, NY
- September 22, 2016Chicago, IL
- May 10, 2016
- Current events and investigations in the US and International MarketsApril 19, 2016Networking DM Whistler, Canada
- EU/US Data Protection Safe Harbour – The Snowden Effect and Latest DevelopmentsApril 7, 2016Laworld AGM Capteown, South Africa
- December 10, 2015Strafford Publications, Inc.
- October 23, 2015Walt Disney World® Resort, Orlando
- October 21, 2015
- September 25, 2015
- March 12, 2015DMA's 6th Annual Mobile Marketing Day
- January 15, 2015New York, New York
- October 10, 2014
- October 10, 2014Los Angeles, CA
- September 29, 2014New Orleans, LA
- June 19, 2014Legal Affairs Committee, Brand Activation Association
- June 12, 2014American Bar Association, Section of Antitrust Law
- May 16, 2014City Bar Center for CLE, New York City Bar
- April 4, 20142014 Business Law and Corporate Counsel Symposium, The New Jersey Institute for Continuing Legal Education
- Advance Consent, Telemarketing & Direct MarketingNovember 18-20, 201335th BAA Annual Marketing Law Conference, Chicago, IL
- Legal Ethics and Social MediaOctober 1, 2013Advertising Self-Regulatory Council's NAD, CARU, and ERSP Annual Conferences, New York, New York
- Latest Legal Issues That Impact the Online Marketing CommunitySeptember 29 - October 1, 20132nd Annual HitPath Masters Conference, New Orleans, LA
- September 17, 2013
- May 13, 2013ABA Section of Antitrust Law Consumer Protection Committee
- April 2013Promotion Marketing Association Legal Affairs Committee
- March 27, 2013
- Risks and Opportunities in Advance Consent, Negative Option and Affiliate MarketingNovember 201234th Annual PMA Marketing Law Conference, Chicago, IL
- Affiliate Marketing LawOctober 2012HitPath Masters Conference 2012, New Orleans, LA
- Most Important Advertising Cases of the Year2012Expert Forum on Litigating & Resolving Advertising Disputes, American Conference Institute, New York, New York
- March 2012 Consumer Protection UpdateMarch 2012ABA Committee on Consumer Protection
- Regulatory Update: North America and Beyond2012Networking DM, Whistler, British Columbia
- Current Developments in Intellectual Property Issues: Understanding & Complying with Sweepstakes, Promotions & Marketing Laws2012The Association of the Bar of the City of New York; New York, NY
- December 7, 2011
- Hot Topics In Advertising Law: Supreme Court Update2011National Advertising Division Annual Conference, New York, New York
- Regulatory Compliance Panel2011NetworkDM 2011, Whistler, British Columbia, Canada
- Mobile Marketing Law Update2011ABA 26th Annual Intellectual Property Law Conference, Arlington, VA
- February 2011 Consumer Protection Update2011ABA Committee on Consumer Protection
- How Far Can You go With Your Promotion?2010Promotion Marketing Association 32nd Annual Law Conference, Chicago, IL
- Sweepstakes and Contests: All You Need To Know for Legal Compliance2010Global Business & Legal Seminars
- Sweepstakes and Contest Promotions on the Domestic and International Scale2010International Intellectual Property Society, New York, New York
- Texting, Toggling, Tagging, Tweeting: Copyright, Trademark and Advertising in New Media2010Co-Presenter @ American Bar Association 25th Annual Intellectual Property Law Conference, Arlington, VA
- Legal Do's and Don'ts of Mobile MarketingFebruary 10, 2010DMA Mobile Marketing Day 2010, New York, New York
- January 2010 Consumer Protection UpdateJanuary 2010ABA Committee on Consumer Protection
- WEBINAR: Blogging, Tweeting, Endorsing, and Disclosing: The New FTC GuidesDecember 9, 2009The Lustigman Firm Webinar
- WEBINAR: Understanding the New FTC Endorsement and Testimonial GuidesNovember 20, 2009The Lustigman Firm Webinar
- Direct Marketing: The Rise of Restrictions2009Promotion Marketing Association, Chicago, IL
- How The FCC Inquiry Will Affect Mobile Marketing2009Mobile Marketer Webinar
- Complying With the New Regulatory Order: Changes in the Endorsement Testimonial Guides and Green Guides2009HBA Global Expo, New York, NY
- Recent Developments in Advertising and Claim Substantiation2009Insight's 6th Annual Cosmeceuticals Conference, New York, New York
- Direct Marketing Enforcement - Emails, Mailings, and Telemarketing2009ACI's 3rd Annual Advertisers' and Marketers' Regulatory Summit, Washington, D.C.
- Affiliate Programs: Management, Fraud and Amazon Tax2009LISTnet Business Technology Law SIG, New York, New York
- Avoiding GREENWASHING Accusations, Environmental Marketing Law Update2009International Intellectual Property Society, New York, New York
- Legal Do's and Don'ts in Mobile Marketing Campaigns2009DMA's Mobile Marketer For Agencies and Media Buyers Day, New York, New York
- Consumer Protection Law March 2009 UpdateMarch 1, 2009American Bar Association Section of Antitrust Law Consumer Protection Committee
- WEBINAR: The NY Amazon Tax: Collection on NY Affiliate-Driven Sales2009The Lustigman Firm Webinar
- Mobile Marketing and the Law2009Direct Marketing Association Mobile Marketing Day, New York, NY
- Advanced Claim Substantiation Workshop2009Co-Chair, ACI's 22nd Annual National Advanced Forum on Advertising Law, New York, NY
- Engaging in Green Marketing Without Running Afoul of Federal and State Guidelines200922nd Annual National Advanced Forum on Advertising Law, New York, NY
- Hot Topics in Advertising Law: Direct Marketing2008The Association of the Bar of the City of New York, New York, NY
- New Trends in Sweepstakes and Promotion Law2008Law Seminars International's 17th Annual Conference on New Developments in Technology Law, Seattle, WA
- Affiliate & Direct Marketing: Legal Issues Involved When Using Third Parties and Affiliates or Direct Marketing with Your Products or Services2008Promotion Marketing Association 30th Annual Promotion Marketing Law Conference, Chicago, IL
- Hot Topics in Advertising Law: Direct Marketing2008The Association of the Bar of the City of New York, New York, NY
- Direct Marketing Law Update2008Avrick Direct DM Days Breakfast, New York, NY
- Cosmetic Marketing Law Developments2008American Lawyer Media's 5th Annual Cosmeceuticals Conference, New York, NY
- New York State Regulatory Developments2008eHavorial, Peer-to-Peer and New Media Marketing Conference Law Seminars International, Seattle, Washington
- Consumer Protection Law April 2008 UpdateApril 2008American Bar Association Section of Antitrust Law Consumer Protection Committee
- Behavorial Advertising Roundtable2008Co-Organizer, American Bar Association Section of Intellectual Property Law, New York, NY
- Landmines, Hot Topics and Red Flags in Promotions Law2008The 23rd Annual Intellectual Property Law Conference, Arlington, Virginia
- Current Issues In Direct Marketing2007Promotion Marketing Association, Chicago, IL
- Working With Experts on Claim Substantiation2007American Conference Institute, New York, NY
- Dietary Supplement Claim Substantiation2007Electronic Retailing Association, East Coast Legal Series, New York, NY
- Consumer Protection Law Update2007American Bar Association Section of Antitrust Law Consumer Protection Committee
- Current Issues In Direct Marketing2006Promotion Marketing Association, Chicago, IL
- Using Consumer Surveys and Clinical Studies for Substantiation Purposes2006Workshop Chair, ACI National Advanced Corporate Counsel Forum on Advertising Law, New York, NY
- Legal Liabilities of List Owners, List Brokers and List Managers2006Avrick Direct - Direct Marketing Association, San Francisco, CA
- Risk Management for Direct Marketers - Avoiding Legal Traps2006Philadelphia Direct Marketing Association, Philadelphia, PA
- Legal Liabilities of List Owners, List Brokers and List Managers2006Avrick Direct - Direct Marketing Association, New York, NY
- New Technologies and New Media in Advertising Law2006Co-Chair, Law Seminars International, New York, NY
- New Developments in Telemarketing in a Changing Marketplace2006Law Seminars International, New York, NY
- Understanding and Complying With Sweepstakes and Promotions Law: Regulatory and Enforcement Issues2004The Association of the Bar of the City of New York; New York, NY
- Current Issues In Direct Marketing2004Promotion Marketing Association, Chicago, IL
- Hot Topics In Advertising Law: Direct Marketing2004The Association of the Bar of the City of New York; New York, NY
- Privacy Update: Making Sense of Opt-In/Opt-Out Requirements2004DMA 87th Annual Conference & Exhibition, New Orleans, LA
- Current Issues In Direct Marketing2003Promotion Marketing Association, Chicago, IL
- Privacy Update2003DMA 86th Annual Conference & Exhibition, Orlando, FL
- Hot Topics In Advertising Law: Direct Mail2003The Association of the Bar of the City of New York; New York, NY
- New Developments In Direct Marketing Law2003DM DAYS, New York, NY
- Current Issues In Direct Marketing2002Promotion Marketing Association, Chicago, IL
- Hot Topics In Advertising Law: Internet Advertising2002The Association of the Bar of the City of New York; New York, NY
- DMers Beware: The Top 10 Things Direct Marketers Need To Know About The Laws Governing Direct Marketing2002DM DAYS, York, NY
- Current Issues In Direct Marketing2001Promotion Marketing Association, Washington, D.C.
Publications
- August 31, 2021New York Law Journal
- January 26, 2021NYSBA Inside
- December 2, 2020The Legal 500
- September 10, 2020Companies Digest
- September 2, 2020OneTrust DataGuidance
- September 1, 2020New York Law Journal
- July 22, 2020The Legal 500
- June 25, 2020OneTrust DataGuidance
- June 25, 2020OneTrust DataGuidance
- June 25, 2020OneTrust DataGuidance
- June 25, 2020OneTrust DataGuidance
- May 29, 2020Talk Direct
- May 6, 2020Talk Direct
- April 25, 2019What’s In Store (American Bar Association newsletter)
- August 29, 2018New York Law Journal
- April 23, 2018Leading Internet Case Law
- April 2, 2018BNA Big Law Business
- February 22, 2018Leading Internet Case Law
- October 9, 2017Digital Business Lawyer
- August 28, 2017New York Law Journal
- September 19, 2016The New York Law Journal
- June 1, 2016Luxury Daily
- February 29, 2016Bloomberg BNA Electronic Commerce & Law Report
- May 11, 2015Inside Counsel
- April 2015Advertising Disputes & Litigation Committee and The Consumer Protection Committee, American Bar Association Section on Antitrust Law
- April 9, 2015Inside Counsel
- March 12, 2015Inside Counsel
- February 17, 2015Inside Counsel
- February 3, 2015Inside Counsel
- January 20, 2015Inside Counsel
- December 23, 2014Inside Counsel
- December 9, 2014Inside Counsel
- November 25, 2014Inside Counsel
- November 11, 2014Inside Counsel
- October 28, 2014Inside Counsel
- October 14, 2014Inside Counsel
- October 1, 2014Inside Counsel
- April 30, 2014Financier Worldwide
- September 2013U.S. Court of Appeals, Ninth Circuit, E-Commerce Law Reports - Volume 13 Issue 04
- September 2013Recent Developments in Advertising Law: Leading Lawyers on Applying Traditional Laws and Policy Guidance to Emerging Technologies and Advertising Media
- DMNews
- April 2010Response Magazine
- MediaPost
- December 29, 2008Mobile Marketer
- November 24, 2008Mobile Marketer
- August 18, 2008Mobile Marketer
- June 2008The Practical Lawyer
- 2007Food and Drug Law Journal
- March 2, 2007DMNews
- October 6, 2006PDMA Direct Views
- September 8, 2006DMNews
- July 27, 2006DMNews
- April 12, 2006DMNews
- February 9, 2006DMNews
- October 27, 2005DMNews
- June 30, 2005DMNews
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Articles & Alerts
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Advertising Law Blog