Main Menu Jump to Content Search
Practice Overview

Digital Marketing Law

Cutting Edge Advice on Internet and Digital Marketing Law

Digital marketing – both online and mobile – are key elements in any integrated marketing campaign. As leading forms of today’s direct advertising, these channels are subject to increased regulatory and private litigant scrutiny. We regularly provide legal advice relating to digital marketing campaigns and commerce.

At Olshan, our Internet and digital marketing law attorneys work with digital agencies, web publishers, marketing affiliates, advertisers, and online entrepreneurs in a wide array of legal matters.

Experience When It Counts

Like you, Olshan’s attorneys work to stay at the front of the pack. The practice group’s attorneys are respected in Internet and mobile marketing law and other forms of digital marketing law. They regularly write and speak on marketing law topics, and appear in national publications such as Law360, Entrepreneur, The National Law Journal, Advertising Age, Law Technology News, Mobile Marketer, Business Week Online and @NY, the electronic newsletter, as well as many other publications and websites.

Our attorneys provide practical advice on Internet and digital marketing law in connection with matters such as:

  • Online advertising content and structure
  • Mobile telemarketing campaigns
  • Email marketing campaigns
  • Text Marketing campaigns
  • Sweepstakes and prize promotions
  • E-commerce matters
  • Privacy policies and protection
  • Marketing to children (COPPA)
  • Pay-for-performance marketing techniques
  • Legal counsel to help ensure compliance of online marketing efforts with laws such as:
      1. Telephone Consumer Protection Act (TCPA), particularly relating to text message campaigns,
      2. The Restore Online Shoppers’ Confidence Act,
      3. State and federal laws regarding post-transaction marketing, free-to-pay conversions, negative option marketing, automatic renewals and continuity offers,
      4. CAN-SPAM,
      5. Gramm-Leach-Bliley Act (GLB), and
      6. Children’s Online Privacy Protection Act (COPPA).

Privacy Policies

All too often, privacy policies are an after-thought. You know you need one, so you look at the competition and copy a privacy policy that looks comprehensive. But does that policy truly reflect your business practices? Will it work with your business model? Will that privacy policy be able to evolve as your business evolves? At Olshan, we help clients consider current and future data management practices when drafting a customized privacy policy.

Affiliates and Online Publishers

We provide affiliate networks and advertisers with legal counsel to help understand the responsibilities, as well as the opportunities, created by affiliate programs and other pay-for-performance marketing techniques.

Internet Legal Defense and Challenges

We represent clients facing regulatory investigations and regulatory litigation, consumer class action suits over Internet marketing methods, and litigation from state attorneys general and district attorneys, the Federal Trade Commission (FTC), and the Federal Communications Commission (FCC). We also represent Internet clients in litigation relating to unfair online business practices with domain, trademark, and search engine matters.

Preventing Problems Before They Arise

Protect your financial interests. Allow our attorneys to provide practical legal advice regarding your e-commerce activities, privacy policy, and data collection and monetization strategies.

For Internet legal advice and trial court representation or to understand the full scope of the evolving digital marketing environment, contact one of the attorneys below:

Andrew Lustigman Email

Contact Our Legal Team!


Media Mentions/News


Advertising Law Blog

Olshan Advertising and Branding Law Groups' Hot Topics - 2023
Andrew B. Lustigman, Scott Shaffer, Steven R. Gursky, Mary L. Grieco, Claudia B. Dubón, Morgan E. Spina, Safia A. Anand
Back to Page