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Advertising Law Blog

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.

Showing 74 posts in Advertising.

Andrew Lustigman Quoted in AdAge on the Advertisement Agreements Between TikTok and Brands

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in AdAge (subscription required) regarding the impending ban that may happen to TikTok and how it would affect the brands that use the platform to publish its advertisements. Read More ›

The Legal 500 Publishes The United States: Pharmaceutical Advertising Q&A

Olshan Advertising & Marketing attorneys have authored a comprehensive Q&A, published by The Legal 500, which can be used as a general key to the legal framework and issues that surround the pharmaceutical advertising law in the United States. The attorneys that contributed to this Q&A include the Chair of Advertising, Marketing and Promotions Group Andrew Lustigman and attorneys, Safia Anand, and Morgan Spina

Click here for The Legal 500: Pharmaceutical Advertising Comparative Guide:United States: Pharmaceutical Advertising Q&A

Andrew Lustigman Speaks at ACI’s Food Advertising & Marketing Law Master Symposium

Olshan’s Advertising, Marketing & Promotions Practice Group chair Andrew Lustigman spoke at a virtual event held on July 17 for American Conference Institute’s (ACI) Food Advertising & Marketing Law Master Symposium. Entitled “Clarifying the Role of Influencers/Virtual Influencers in the Food Industry,” Mr. Lustigman’s session explored implementing practical best practices for engaging with influencers and how to effectively audit what they say, contracting with influencers (and knowing when a contract is not enough), the legal challenges the food industry faces when working with virtual influencers, and understanding why what an influencer says is not considered a testimonial.

Supreme Court Rules Willfulness Not Required For Disgorgement of Trademark Infringement Profits

Resolving a circuit split, the Supreme Court (the “Court”) has held that willfulness is not a precondition for disgorgement of an infringer’s profits from the infringement in a trademark infringement case. In Romag Fasteners, Inc. v. Fossil Group, Inc., the Court considered willfulness as but one of the factors that may be considered in deciding whether or not to award an infringer’s profits to a trademark holder, rejecting the premise that a showing of willfulness is required before an infringer’s profits may be awarded. Read More ›

FTC Chairman Simons Releases Statement Regarding Ongoing Work of the Consumer Production Bureau During COVID-19 Pandemic

FTC Chairman Joe Simons has released a statement addressing the FTC’s ongoing efforts to enforce consumer protections laws during the coronavirus pandemic. Read More ›

The In-House Lawyer Publishes The United States: Pharmaceutical Advertising Q&A

Olshan Advertising & Marketing attorneys have authored an extensive Q&A, published by The In-House Lawyer which can be used as a general key to the legal framework and issues that surround the pharmaceutical advertising law in the United States. Read More ›

Luxury Daily Publishes Article by Safia Anand on What Brands, Advertisers and Influencers Can Learn From #FyreFestival

Olshan Counsel, Safia Anand, published an article entitled “What Brands, Advertisers and Influencers can Learn from #FyreFestival” in the Luxury Daily, addressing the failed music festival Fyre Festival and the social media implications.  Read More ›

What Does the Farm Bill Mean for CBD/Hemp Products?

The recently enacted Farm Bill amends the Controlled Substances Act so that  hemp and CBD products containing trace amount of THC are not classified as Schedule 1 controlled substances.    While many are excited about this amendment, the law does not change FDA’s regulatory requirements for CBD-containing products under its regulatory jurisdiction. Read More ›

New York Law Journal Publishes Article on Deceptive Pricing and Settlements by Lustigman and Spina

The New York Law Journal (subscription required) published an article authored by Andrew Lustigman and Morgan Spina titled "Deceptive Pricing: Unlawful Trickery or Skillful Selling?" Read More ›

Six Olshan Attorneys Selected to The Best Lawyers in America 2019

Olshan partners Steve Wolosky, Andrew B. Lustigman, Thomas D. Kearns, Eric L. Goldberg, Stephen L. Ferszt and of counsel Samuel P. Ross have been selected by their peers for inclusion in The Best Lawyers in America© 2019. Read More ›

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