“Meticulous, focused, legally knowledgeable, extremely energetic, and very creative..”
The Legal 500 United States
Olshan’s nationally recognized Advertising, Marketing & Promotions Practice provides pragmatic, proactive legal advice and innovative strategies to establish, build and protect brands. We pride ourselves on finding creative solutions to clients' legal challenges. While others are quick to say no to great advertising ideas, we find ways to make them happen.
Whether our clients are delivering a message through one media channel or orchestrating a complex integrated marketing campaign across multiple channels – social media, internet, television, print, radio, direct mail, mobile and other avenues – we overcome legal and regulatory obstacles and ensure their interests are protected. Our objective is simple: to support each client’s advertising and promotional efforts while minimizing risk.
Clients ranging from startups, entrepreneurs, boutique advertising and promotion agencies to multinational Fortune 500 corporations retain us to advise on and represent them regarding virtually every aspect of advertising, marketing and promotions law including:
- Advertising Substantiation and Claim Clearance
- Advertising, Marketing and Promotions Agreements
- Brand Activation
- Direct Marketing
- E-Commerce
- Food, Drug, Cosmetics and Dietary Supplements
- Intellectual Property Rights and Licensing
- International Marketing and Promotions
- Internet, Interactive & Mobile Marketing Law
- Litigation
- Privacy, Data & Security
- Regulatory Compliance, Investigations & Enforcement
- Social Media Law
- Sports & Celebrities Endorsements and Sponsorships
- Sweepstakes, Contests & Promotions
- Technology Law
Advisory
Our group provides constructive, client-focused legal advice on all advertising, marketing and promotions issues. Clients turn to us for guidance on everything from new market entry, materials clearance, product and service launches, and celebrity sponsorships and endorsements to privacy concerns, commercial matters, compliance issues, dispute resolution and emerging technologies such as AI, machine learning and cryptocurrency.
Olshan lawyers are also frequently called on by other law firms to act as specialty counsel. We conduct due diligence and advise on the advertising and marketing aspects of lead generation, marketing plans and campaigns, among other matters, especially when highly regulated industries are involved.
Transactions
The practice’s lawyers are deeply experienced in structuring, negotiating and enforcing technology and IP licensing, product terms, web agreements, service provider engagements, distributor matters and all other marketing-related transactions and provisions. We have structured impressive endorsement and sponsorship deals for and with well-known athletes and celebrities of all types, including social media influencers, and have negotiated the complex media rights packages that underpin these transactions.
Sweepstakes & Contests
For more than 30 years, we have provided cutting-edge advice to clients on sweepstakes and contests, navigating clients of all sizes through promotions. We develop promotions rules, ensuring campaigns comply with federal and state advertising regulations, bonding requirements and the unique legal requirements of various social media sites.
Regulatory Compliance, Investigations & Enforcement Actions
Our lawyers guide clients on compliance issues and handle regulatory defense, representing clients in investigations and enforcement actions conducted by the FTC, FCC, FDA, CFPB and other regulatory agencies, state attorneys general and county district attorneys.
Dispute Resolution In and Out of Court
From competitor disputes and class actions to white-collar defense and transactions disputes, we bring unparalleled experience in state and federal court trials and appeals, and alternative dispute resolution (ADR) forums. Many of our litigators are former prosecutors and trial lawyers with extensive experience handling a wide range of business disputes as both plaintiff and defense counsel. We regularly achieve favorable results for our clients in high-profile disputes and have an exceptional success rate in ADR proceedings.
A Top-Notch Team with an Industry-Wide Reputation for Results
Chaired by Andrew Lustigman, a recognized leader and respected authority in the advertising and promotions law field, Olshan’s Advertising, Marketing & Promotions Group is consistently recognized as among the nation’s finest by leading peer and client-reviewed authorities such as Chambers USA and The Legal 500 United States, and ranked nationally and regionally by Best Lawyers® for Advertising Law. Our industry-wide reputation for excellence results from our extensive knowledge of the advertising, marketing and promotions industry and the outstanding results we have achieved for clients, including landmark and precedent-setting decisions that set new legal standards.
Our Advertising, Marketing & Promotions lawyers are also internationally recognized for their abilities and effectiveness. Sought out by major media outlets for their legal acumen, often they are guests on television and radio, and they frequently speak and write on advertising and promotional marketing law topics.
learn more at:
Marketing Law Basics
The promotions lawyers at Olshan provide experienced legal counsel that helps protect the business interests of their advertising and promotional clients around the United States and Canada, including New York, New Jersey, Florida, California, Nevada, Pennsylvania, Toronto, Montreal, Ontario, Quebec and around the world.
Our marketing law attorneys have authored a variety of helpful marketing law articles and resources on this website. Please review these materials and contact our marketing law office to learn more about how we can help you with your next advertising and promotions campaign.
Direct Marketing Law Basics - Please email us to request our white paper, which explains the key concepts marketers need to know about the laws governing direct marketing, including direct mail, faxing, telemarketing, email marketing, and sweepstakes and prize promotions.
Sweepstakes Law Basics - A two-page document highlighting the basics of sweepstakes law.
Prize Promotion Traps for the Unwary - This two-page document provides a heads-up to the most common legal problems sweepstakes and contest sponsors encounter.
FTC Enforcement Basics - A five-page overview of the FTC and its enforcement procedures, highlighting administrative hearings, district court actions, and injunctions.
These publications are issued by Olshan Frome Wolosky LLP for informational purposes only and do not constitute legal advice or establish an attorney-client relationship. To ensure compliance with requirements imposed by the IRS, we inform you that unless specifically indicated otherwise, any tax advice contained in this publication was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein. In some jurisdictions, these publications may be considered attorney advertising.
Advertising Law Blog
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 and is focused on finding creative legal solutions to its client's advertising challenges and compliance matters. The practice is geared to servicing the needs of the advertising, promotional marketing, and direct marketing industries with a commitment to providing personal, efficient and effective legal service.
Newsletters
The Advertising, Marketing & Promotions Group's quarterly newsletter covers topics of interest to the firm's clients in the areas of advertising challenges and compliance, sweepstakes and promotions, direct marketing, new media and other relevant legal issues. Also included are recent articles and publications by the attorneys.
Our goal is to provide this newsletter on a complimentary basis to our clients and contacts. We welcome your suggestions on the type of content that interests you and the ways we can make this a useful resource to meet your needs.
If you are interested in subscribing to this newsletter, please click here.
If the success of your next marketing campaign is critical to the success of your business, contact the Advertising, Marketing & Promotions Group at Olshan to speak to a knowledgeable marketing law attorney who can explain how the law applies to you.
News
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Events
- Event|Webinar|
- Event|Brooklyn Law School|It’s Not Easy Being Green: Navigating Key Legal Issues Regarding Environmental Benefit Claims
- Event|The Metropolitan Club, Chicago, IL|
- Event|New York Bar Association, New York, NY|
- Event|Paris, France|
- Event|In-House CLE Seminar|Cybersecurity, Privacy and Data Protection and the Practice of Law
- Event|Brooklyn Law School|Advertising Claims and Social Media Law for Start Ups
- Event|CLE Webinar|
- Event|Virtual Conference|
- Event|Webinar|
- Event|New York, NY|
- Event|New York, NY|June 1-3, 2023
- Event|The Metropolitan Club, Chicago, IL|
- Event|Brooklyn Law School|
- Event|Millennium Knickerbocker Hotel, Chicago, Illinois|
- Event|CLE Webinar|
- Event|Webinar|
- Event|LAWorld Virtual Workshop|
- Event|Webinar|
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- Event|New York, NY|
- Event|New York|
- Event|New York, NY|
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- Event|New York City Bar Association|
- Event|Orlando, FL|
- Event|Association of the Bar of the City of New York, Consumer Affairs Committee|Advertising Compliance in the New Digital Age: Influencer and Real Time Advertising Compliance Issues
- Event|Audio Webinar|
- Event|San Francisco, CA|
- Event|New York, NY|
- Event|New York, NY|
- Event|Chicago, IL|
- Event|
- Event|Networking DM Whistler, Canada|Current events and investigations in the US and International Markets
- Event|Laworld AGM Capteown, South Africa|EU/US Data Protection Safe Harbour – The Snowden Effect and Latest Developments
- Event|Strafford Publications, Inc.|
- Event|Walt Disney World® Resort, Orlando|
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- Event|DMA's 6th Annual Mobile Marketing Day|
- Event|New York, NY|
- Event|New York, New York|
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- Event|Legal Affairs Committee, Brand Activation Association|
- Event|American Bar Association, Section of Antitrust Law|
- Event|Arise News, "AriseReview,” MHZ Network|Arise News: EU's Google Decision and the Right to be Forgotten
- Event|City Bar Center for CLE, New York City Bar|
- Event|Commercial and Federal Litigation Section, NYSBA Annual Meeting|
- Event|Touro College Jacob D. Fuchsberg Law Center|
- Event|Virtual LegalTech's Cyber Security Forum|Spy Games: Corporate Espionage and Trade Secret Theft
- Event|The Conference Board|Social Media & Recruiting: Legal Considerations & Risks
- Event|35th BAA Annual Marketing Law Conference, Chicago, IL|November 18-20, 2013Advance Consent, Telemarketing & Direct Marketing
- Event|Advertising Self-Regulatory Council's NAD, CARU, and ERSP Annual Conferences, New York, New York|Legal Ethics and Social Media
- Event|2nd Annual HitPath Masters Conference, New Orleans, LA|September 29 - October 1, 2013Latest Legal Issues That Impact the Online Marketing Community
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- Event|Promotion Marketing Association Legal Affairs Committee|
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- Event|34th Annual PMA Marketing Law Conference, Chicago, IL|Risks and Opportunities in Advance Consent, Negative Option and Affiliate Marketing
- Event|HitPath Masters Conference 2012, New Orleans, LA|Affiliate Marketing Law
- Event|Expert Forum on Litigating & Resolving Advertising Disputes, American Conference Institute, New York, New York|Most Important Advertising Cases of the Year
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- Event|ABA Committee on Consumer Protection|March 2012 Consumer Protection Update
- Event|Networking DM, Whistler, British Columbia|Regulatory Update: North America and Beyond
- Event|The Association of the Bar of the City of New York; New York, NY|Current Developments in Intellectual Property Issues: Understanding & Complying with Sweepstakes, Promotions & Marketing Laws
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- Event|National Advertising Division Annual Conference, New York, New York|Hot Topics In Advertising Law: Supreme Court Update
- Event|NetworkDM 2011, Whistler, British Columbia, Canada|Regulatory Compliance Panel
- Event|ABA 26th Annual Intellectual Property Law Conference, Arlington, VA|Mobile Marketing Law Update
- Event|ABA Committee on Consumer Protection|February 2011 Consumer Protection Update
- Event|Promotion Marketing Association 32nd Annual Law Conference, Chicago, IL|How Far Can You go With Your Promotion?
- Event|Global Business & Legal Seminars|Sweepstakes and Contests: All You Need To Know for Legal Compliance
- Event|New York, New York|Mobile Media and the Law: Legal Do's and Don'ts
- Event|International Intellectual Property Society, New York, New York|Sweepstakes and Contest Promotions on the Domestic and International Scale
- Event|Co-Presenter @ American Bar Association 25th Annual Intellectual Property Law Conference, Arlington, VA|Texting, Toggling, Tagging, Tweeting: Copyright, Trademark and Advertising in New Media
- Event|DMA Mobile Marketing Day 2010, New York, New York|Legal Do's and Don'ts of Mobile Marketing
- Event|ABA Committee on Consumer Protection|January 2010 Consumer Protection Update
- Event|The Lustigman Firm Webinar|WEBINAR: Blogging, Tweeting, Endorsing, and Disclosing: The New FTC Guides
- Event|The Lustigman Firm Webinar|WEBINAR: Understanding the New FTC Endorsement and Testimonial Guides
- Event|Promotion Marketing Association, Chicago, IL|Direct Marketing: The Rise of Restrictions
- Event|Mobile Marketer Webinar|How The FCC Inquiry Will Affect Mobile Marketing
- Event|HBA Global Expo, New York, NY|Complying With the New Regulatory Order: Changes in the Endorsement Testimonial Guides and Green Guides
- Event|Insight's 6th Annual Cosmeceuticals Conference, New York, New York|Recent Developments in Advertising and Claim Substantiation
- Event|ACI's 3rd Annual Advertisers' and Marketers' Regulatory Summit, Washington, D.C.|Direct Marketing Enforcement - Emails, Mailings, and Telemarketing
- Event|LISTnet Business Technology Law SIG, New York, New York|Affiliate Programs: Management, Fraud and Amazon Tax
- Event|International Intellectual Property Society, New York, New York|Avoiding GREENWASHING Accusations, Environmental Marketing Law Update
- Event|DMA's Mobile Marketer For Agencies and Media Buyers Day, New York, New York|Legal Do's and Don'ts in Mobile Marketing Campaigns
- Event|American Bar Association Section of Antitrust Law Consumer Protection Committee|Consumer Protection Law March 2009 Update
- Event|The Lustigman Firm Webinar|WEBINAR: The NY Amazon Tax: Collection on NY Affiliate-Driven Sales
- Event|Direct Marketing Association Mobile Marketing Day, New York, NY|Mobile Marketing and the Law
- Event|Co-Chair, ACI's 22nd Annual National Advanced Forum on Advertising Law, New York, NY|Advanced Claim Substantiation Workshop
- Event|22nd Annual National Advanced Forum on Advertising Law, New York, NY|Engaging in Green Marketing Without Running Afoul of Federal and State Guidelines
- Event|The Association of the Bar of the City of New York, New York, NY|Hot Topics in Advertising Law: Direct Marketing
- Event|Law Seminars International's 17th Annual Conference on New Developments in Technology Law, Seattle, WA|New Trends in Sweepstakes and Promotion Law
- Event|Promotion Marketing Association 30th Annual Promotion Marketing Law Conference, Chicago, IL|Affiliate & Direct Marketing: Legal Issues Involved When Using Third Parties and Affiliates or Direct Marketing with Your Products or Services
- Event|The Association of the Bar of the City of New York, New York, NY|Hot Topics in Advertising Law: Direct Marketing
- Event|Avrick Direct DM Days Breakfast, New York, NY|Direct Marketing Law Update
- Event|American Lawyer Media's 5th Annual Cosmeceuticals Conference, New York, NY|Cosmetic Marketing Law Developments
- Event|eHavorial, Peer-to-Peer and New Media Marketing Conference Law Seminars International, Seattle, Washington|New York State Regulatory Developments
- Event|American Bar Association Section of Antitrust Law Consumer Protection Committee|Consumer Protection Law April 2008 Update
- Event|Co-Organizer, American Bar Association Section of Intellectual Property Law, New York, NY|Behavorial Advertising Roundtable
- Event|The 23rd Annual Intellectual Property Law Conference, Arlington, Virginia|Landmines, Hot Topics and Red Flags in Promotions Law
- Event|Promotion Marketing Association, Chicago, IL|Current Issues In Direct Marketing
- Event|American Conference Institute, New York, NY|Working With Experts on Claim Substantiation
- Event|Electronic Retailing Association, East Coast Legal Series, New York, NY|Dietary Supplement Claim Substantiation
- Event|American Bar Association Section of Antitrust Law Consumer Protection Committee|Consumer Protection Law Update
- Event|Promotion Marketing Association, Chicago, IL|Current Issues In Direct Marketing
- Event|Workshop Chair, ACI National Advanced Corporate Counsel Forum on Advertising Law, New York, NY|Using Consumer Surveys and Clinical Studies for Substantiation Purposes
- Event|Avrick Direct - Direct Marketing Association, San Francisco, CA|Legal Liabilities of List Owners, List Brokers and List Managers
- Event|Philadelphia Direct Marketing Association, Philadelphia, PA|Risk Management for Direct Marketers - Avoiding Legal Traps
- Event|Avrick Direct - Direct Marketing Association, New York, NY|Legal Liabilities of List Owners, List Brokers and List Managers
- Event|Co-Chair, Law Seminars International, New York, NY|New Technologies and New Media in Advertising Law
- Event|Law Seminars International, New York, NY|New Developments in Telemarketing in a Changing Marketplace
- Event|The Association of the Bar of the City of New York; New York, NY|Understanding and Complying With Sweepstakes and Promotions Law: Regulatory and Enforcement Issues
- Event|Promotion Marketing Association, Chicago, IL|Current Issues In Direct Marketing
- Event|The Association of the Bar of the City of New York; New York, NY|Hot Topics In Advertising Law: Direct Marketing
- Event|DMA 87th Annual Conference & Exhibition, New Orleans, LA|Privacy Update: Making Sense of Opt-In/Opt-Out Requirements
- Event|Promotion Marketing Association, Chicago, IL|Current Issues In Direct Marketing
- Event|DMA 86th Annual Conference & Exhibition, Orlando, FL|Privacy Update
- Event|The Association of the Bar of the City of New York; New York, NY|Hot Topics In Advertising Law: Direct Mail
- Event|DM DAYS, New York, NY|New Developments In Direct Marketing Law
- Event|Promotion Marketing Association, Chicago, IL|Current Issues In Direct Marketing
- Event|The Association of the Bar of the City of New York; New York, NY|Hot Topics In Advertising Law: Internet Advertising
- Event|DM DAYS, York, NY|DMers Beware: The Top 10 Things Direct Marketers Need To Know About The Laws Governing Direct Marketing
- Event|Promotion Marketing Association, Washington, D.C.|Current Issues In Direct Marketing
Publications
- Article|New York Law Journal|
- Article|New York Law Journal|
- Article|Bloomberg Law|
- Article|Attorney at Law Magazine|
- Article|The Legal Intelligencer|
- Article|New York Law Journal|
- Article|Bloomberg Law|
- Article|Law360|
- Article|New York Law Journal|
- Article|Bloomberg Law|
- Article|Bloomberg Law|
- Article|Sports Litigation Alert|
- Article|New York Law Journal|
- Article|New York Law Journal|
- Article|NYSBA Inside|
- Article|Law360|
- Article|The Legal 500|
- Article|Law360|
- Article|Companies Digest|
- Article|OneTrust DataGuidance|
- Article|New York Law Journal|
- Article|The Legal 500|
- Article|OneTrust DataGuidance|
- Article|OneTrust DataGuidance|
- Article|OneTrust DataGuidance|
- Article|OneTrust DataGuidance|
- Article|Talk Direct|
- Article|Talk Direct|
- Article|What’s In Store (American Bar Association newsletter)|
- Article|New York Law Journal|
- Article|Leading Internet Case Law|
- Article|BNA Big Law Business|
- Article|Leading Internet Case Law|
- Article|Digital Business Lawyer|
- Article|New York Law Journal|
- Article|The New York Law Journal|
- Article|Luxury Daily|
- Article|Bloomberg BNA Electronic Commerce & Law Report|
- Article|Inside Counsel|
- Article|Advertising Disputes & Litigation Committee and The Consumer Protection Committee, American Bar Association Section on Antitrust Law|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Inside Counsel|
- Article|Financier Worldwide|
- Article|Law Technology News|
- Article|ABA Law Practice Division's Law Practice Today|
- Article|Law Technology News|
- Article|
- Article
- Article|DMNews
- Article
- Article
- Article
- Article|Response Magazine|
- Article|MediaPost
- Article|Mobile Marketer|
- Article|Mobile Marketer|
- Article|Mobile Marketer|
- Article|The Practical Lawyer|
- Article|Mobile Marketer|
- Article|
- Article|Food and Drug Law Journal|
- Article|DMNews|
- Article|PDMA Direct Views|
- Article|DMNews|
- Article|
- Article|DMNews|
- Article|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|
- Article|DMNews|
- Article|
- Article|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
Alerts
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Blog Posts
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Areas Of Concentration
- Advertising Litigation
- Advertising, Marketing & Promotions Advisory Services
- Advertising, Marketing & Promotions Transactions
- Direct Marketing Law
- Food, Drug, Dietary Supplement, Medical Device & Cosmetics Compliance & Transactions
- Green Advertising & Claims
- Internet & Digital Marketing Law
- Privacy, Data & Security
- Regulatory Compliance, Investigations & Enforcement
- Social Media Law
- Sports, Sports Figures & Celebrities
- Sweepstakes & Contests Law