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Andrew B. Lustigman

Attorney Profile

Top Rated Media & Advertising Attorney in New York, NY

Olshan Frome Wolosky LLP
1325 Avenue of the Americas, 15th Floor
New York, NY 10019
Phone: 212-451-2258
Fax: 212-451-2222
Selected to Super Lawyers: 2008 - 2021
Licensed in New York Since: 1995
Practice Areas: Media and Advertising
Attorney Profile

Andrew Lustigman represents marketers, advertisers, media and Internet companies in connection with the legal aspects of their advertising and promotional marketing business, including clearance of advertising and marketing materials, sweepstakes, games of skill, and other contests, and social media programs, and advises on direct marketing campaigns, intellectual property issues, and privacy matters.

Leveraging his extensive experience in advertising, marketing and promotions, Andrew counsels clients regarding a broad range of matters, including the clearance of advertising and marketing materials, the structuring of sweepstakes, games of skill, and other contests, the development of social media programs and direct marketing campaigns from a compliance standpoint, and the resolution of regulatory, competitor, intellectual property and privacy matters. According to Chambers USA, clients report, "He's the one guy in the industry I'd go to. Every single issue in advertising, compliance, litigation, whatever — he does it all, and he does it well."

Advertising Clearance and Promotional Marketing Compliance

A significant portion of Andrew’s practice involves review of advertising and promotional campaigns to help ensure compliance with substantiation requirements and relevant legal standards.  He provides advice for campaigns across all media channels — Internet, television, print, radio, direct mail, mobile, telemarketing, and other electronic media, as well as social media platforms.

Regulatory Investigations and Litigation

Andrew regularly represents clients in advertising-related investigations and litigation brought by federal and state regulatory agencies, including the Federal Trade Commission, the Food and Drug Administration, Federal Communications Commission, the United States Postal Service, the United States Senate, state attorneys general and other governmental organizations.

Consumer and Business Litigation

He also handles individual consumer, consumer class action, and related commercial litigation involving false and deceptive advertising issues, intellectual property, and corporate matters. He advises clients on strategies to address emerging threats and on creative and aggressive defense theories. In prosecuting and defending his clients’ interests, he frequently appears in federal and state court and before the National Advertising Division of the Better Business Bureaus.

Health Product Counseling and Defense

A core component of Andrew’s practice is advising clients on compliance with Federal Trade Commission and Food and Drug Administration requirements regarding advertising, labeling and distributing health-related products. These products include prescription drugs, OTC products, dietary supplements, medical devices, cosmetics, and medical foods. In addition, he frequently represents clients before these regulatory agencies in connection with investigations, warning letters, inspections, and litigation and in competitor disputes under the Lanham Act and state equivalents as well as in alternative dispute venues such as NAD and ERSP.

Industry Expert

Andrew regularly appears on television, radio, and in publications such as the National Law Journal, Inside Counsel, Bloomberg BNALaw360, Mobile Marketer, Luxury Daily, and Response discussing important new cases and trends that advertisers and marketers need to know. He also contributes to the Brand Activation Association/Promotion Marketing Association's Promotion Marketing Law treatise and various American Bar Association publications.  He frequently speaks on advertising and promotional marketing law topics throughout the country.

Ranked by Chambers USA

Each year since 2008, Andrew has been selected as a Notable Practitioner in his practice area by Chambers USA, the leading legal directory that publishes annual rankings based on interviews with thousands of clients. According to Chambers USA, he was lauded by clients as being “super fast and accurate” and acclaimed for hisbroad practice covering both regulatory and litigation matters…He impresses sources with his deep knowledge, responsiveness and commercial awareness.”  Chambers USA has also described Andrew as a premier choice for sweepstakes and contests work, quoting clients who say, "He's terrific: very creative and an excellent writer. He has been integral to our success."

Prior to joining Olshan, Andrew was the principal of The Lustigman Firm, P.C.


About Andrew B. Lustigman

First Admitted: 1991, New Jersey

Professional Webpage:

Bar/Professional Activity

  • Association of the Bar of the City of New York, Consumer Affairs Committee, Chair, American Bar Association Special Committee on Promotions and Consumer Protection Committees, Promotion Marketing Association, Legal and Government Affairs Committee, Past President, New York Chapter International Network of Boutique Law Firms., 2002


  • , "Leading Lawyer" in Advertising: Transactional & Regulatory, Chambers USA, 2021
  • , "Recommended Lawyer" in Media, technology and telecoms – Advertising and Marketing , The Legal 500 U.S., 2021
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Office Location for Andrew B. Lustigman

1325 Avenue of the Americas
15th Floor
New York, NY 10019

Last Updated: 7/8/2021

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