Andrew Lustigman offers comprehensive counsel to domestic and international clients on advertising, marketing and promotions matters and represents them in regulatory investigations, enforcement actions, and litigation. He chairs Olshan’s Advertising, Marketing & Promotions Group and co-chairs its Brand Management & Protection Group.
Marketers, advertisers, agencies and suppliers, among others, regularly seek Andy’s counsel regarding legal aspects of their advertising and promotional marketing businesses. He’s pragmatic and always looks for solutions that meet each client’s specific needs.
Andy advises them on the clearance of advertising, promotions, and marketing materials, and structures some of the most creative sweepstakes, games of skill, fundraising promotions, and other contests, development of social media programs, and direct marketing campaigns from both legal and compliance standpoints. He also conducts advertising and marketing due diligence in the context of mergers, acquisitions and investments. He is frequently called upon to help clients navigate the nation’s complex subscription marketing laws.
Andy advises clients across all media channels—social media, Internet, television, print, radio, direct mail, mobile, telemarketing, and other electronic media. He has significant experience with FTC and FDA regulatory requirements regarding health claims, advertising, labeling and distributing health-related products including OTC products, dietary supplements, medical devices, cosmetics, and medical foods. Clients also rely on Andy’s pragmatic approach in representing them in investigations, enforcement actions, and litigation brought by those agencies, the United States Department of Justice, the FCC, the U.S. Postal Service, state attorneys general, district attorneys, and other governmental authorities. Andy’s experience also extends to single-plaintiff, multiparty and class action cases and related commercial litigation alleging false and deceptive advertising, intellectual property-related claims, and corporate disputes, as well as a wide array of competitor advertising, IP and privacy challenges.
Proactive and strategic, Andy takes on emerging threats and conceives creative and aggressive defense theories to protect his client’s interests both in and out of court, including in alternative dispute venues. In prosecuting and defending his clients’ cases, he frequently appears in federal and state court and before the National Advertising Division of the Better Business Bureau.
Repeatedly recognized as a leader in his field and as an authority on advertising and promotional marketing law, Andy regularly appears on television, radio, and in publications such as The Wall Street Journal, New York Post, The National Law Journal, New York Law Journal, Inside Counsel, Bloomberg BNA, Law360, Mobile Marketer, and Luxury Daily, discussing important new cases and trends that advertisers and marketers need to know about. He has testified as an expert witness on advertising compliance in federal court.
A growing area of work Andy handles includes advising on and structuring a broad range of international business transactions. He also is retained by Am Law 100 and other leading firms as special counsel on advertising compliance matters in connection with their clients’ business investments.
In addition to maintaining his active practice, Andy is a co-managing partner of the firm and a member of its Executive Committee. He frequently speaks on advertising and promotional marketing law topics throughout the country and has been the publisher of Olshan’s Advertising Law Blog since its inception in the early 2000s.
- Representing innovative promotional marketing agencies and their clients with respect to their brand activation contests and promotions. Helping structure sweepstakes, drafting rules, reviewing advertising and promotional materials, and providing ongoing legal support throughout the sweepstakes period and winner selection process.
- Represented an innovative OTC pharmaceutical company in connection with NAD challenges relating to a widespread national advertising campaign. Defenses resulted in decisions significantly upholding commercial advertising campaigns.
- Providing ongoing legal advice on regulatory and compliance matters to a leading online international travel agency in connection with its advertising and marketing promotions ranging from brand protection, trade regulation compliance, subscription enrollments, and outbound call center matters.
- Representing the leading financial news publisher in connection with subscriptions, marketing and business practices, helping ensure compliance with a myriad of federal and state laws. Specifically provides guidance with respect to telemarketing, automatic renewal, billing disclosures, and collection issues.
- Advised as specialty counsel global investment banking firm in connection with lending to a leading consumer finance provider. Services included review of advertising, lead generation practices, TCPA exposure, privacy, and marketing practices.
- Representing a leading subscription marketer of wine products on continuity compliance. Successfully resolved a significant investigation brought by the California Automatic Renewal Task Force in connection with the client’s enrollment and cancellation practices.
- Defended an ecommerce marketer 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. We continue to represent the company in ongoing matters.
- 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. Providing ongoing legal compliance support.
- 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.
News
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Speaking Engagements
- 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|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|
- Event|
- Event|Webinar|
- Event|
- Event|
- Event|Webinar|
- Event|New York, NY|
- Event|New York, NY|
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- Event|Miami|
- Event|Chicago|
- Event|
- 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, New York|
- Event|Los Angeles, CA|
- Event|
- Event|New Orleans, LA|
- Event|Legal Affairs Committee, Brand Activation Association|
- Event|American Bar Association, Section of Antitrust Law|
- Event|City Bar Center for CLE, New York City Bar|
- Event|2014 Business Law and Corporate Counsel Symposium, The New Jersey Institute for Continuing Legal Education|
- 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|ABA Section of Antitrust Law Consumer Protection Committee|
- 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
- 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|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|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|The Legal 500|
- 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|Inside Counsel|
- Article|Financier Worldwide|
- Article|U.S. Court of Appeals, Ninth Circuit, E-Commerce Law Reports - Volume 13 Issue 04|
- Article|Recent Developments in Advertising Law: Leading Lawyers on Applying Traditional Laws and Policy Guidance to Emerging Technologies and Advertising Media|
- Article
- Article|DMNews
- Article|Response Magazine|
- Article|MediaPost
- Article|Mobile Marketer|
- Article|Mobile Marketer|
- Article|Mobile Marketer|
- Article|The Practical Lawyer|
- Article|Food and Drug Law Journal|
- Article|DMNews|
- Article|PDMA Direct Views|
- 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|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
- Article|DMNews|
Alerts
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- Client Alert|Fall 2012
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- Client Alert|Spring 2012
- Client Alert|Fall 2011
- Client Alert|Fall 2011
- Client Alert|Summer 2011
- Client Alert|Summer 2010
- Client Alert|Summer 2010
- Client Alert|Spring 2010
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Honors & Recognitions
- Repeatedly ranked as a “Leading Lawyer” in Advertising: Transactional & Regulatory by Chambers USA annually since 2008
- Recognized as a “Leading Lawyer” in The Legal 500 U.S. in Media, technology and telecoms – Advertising and Marketing from 2023-2024 and as a "Recommended Lawyer" in the same category annually since 2016
- Recognized in The Best Lawyers in America® for Advertising Law since 2016
- Consistently named to the New York Metro Super Lawyers list since 2008
- Named to the Top 100 by New York Metro Super Lawyers list, 2019-2020
- Martindale-Hubbell AV Preeminent® 5.0/5.0 Peer Rated for Highest Level of Professional Excellence
Professional
- 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 (1996-2019)
- Past Chair, American Bar Association, Committee on Promotion and Marketing Law
- American Bar Association, Consumer Protection Committee
- Federal Communications Bar Association
- Fellows of the American Bar Foundation
- Past Chair, LAWorld International Legal Network
Blog Posts
- Advertising Law Blog
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Practice Areas
- Advertising, Marketing & Promotions
- Brand Management & Protection
- Intellectual Property Law
- International Law
- 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
- Litigation
- Media, Entertainment & Technology Litigation
- Privacy, Data & Security
- Regulatory Compliance, Investigations & Enforcement
- Social Media Law
- Sweepstakes & Contests Law
- White Collar & Government Investigations
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
Admissions
- New York
- New Jersey
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the District of New Jersey
- U.S. District Court for the District of Maryland
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Colorado
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Western District of New York