Advertising, Marketing & Promotions

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.

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