Andrew B. Lustigman

Top rated Media & Advertising attorney in New York, New York

Olshan Frome Wolosky LLP
Andrew B. Lustigman
Olshan Frome Wolosky LLP

Practice Areas: Media & Advertising

Licensed in New York since: 1995

Education: American University Washington College of Law

Selected to Super Lawyers: 2008 - 2023

Olshan Frome Wolosky LLP

1325 Avenue of the Americas
15th Floor
New York, NY 10019 Phone: 212-451-2258 Email: Andrew B. Lustigman Visit website

Details

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 BNALaw360, 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.

First Admitted: 1991, New Jersey

Professional Webpage: http://www.olshanlaw.com/attorneys-Andrew-Lustigman.html

Transactions:
  • Represented a global financial services firm in obtaining NAD decisions in connection with four multi-million dollar, wide-spread, national advertising campaigns. Prosecution of challenges resulted in decisions requiring competitors to significantly modify their wide-spread commercial advertising campaigns.
  • 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.
  • Advised investment banking firm in connection with its proposed acquisition of a stake in one of the largest health and fitness companies in the United States. Services included review of advertising, privacy, and marketing practices.
  • 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.
  • Represented telecommunications suppliers in litigation with the Vermont Attorney General, regarding marketing and billing practices of companies providing third-party services.
  • Represented a technology company that powers leading hybrid travel agencies in connection with a competitor’s challenge to one of its agency’s online airline price and savings claims made in a wide-spread, multi-channel advertising campaign. NAD recognized that our client offers consumers air fare savings, including discount airfares, a best price guarantee, and additional savings opportunities that may not be generally available to consumers. We continue to represent the company in ongoing matters.
  • Counsels mobile media and computing giant to ensure the marketing and business practices for its retail stores comply with a myriad of federal and state laws, specifically with respect to legal issues involving the retail marketing of the company’s mobile phone products.
  • Counsels mobile media and computing giant to ensure the marketing and business practices for its retail stores comply with a myriad of federal and state laws, specifically with respect to legal issues involving the retail marketing of the company’s mobile phone products.
  • Represents two leading interactive promotional marketing agencies and their clients with respect to their contests and promotions. Helps structure sweepstakes, draft rules, review advertising and promotional materials, and provides ongoing legal support throughout the sweepstakes period and winner selection process.
  • Represents the largest subscription radio broadcaster in connection with advertising, marketing and business practices, ensuring compliance with a myriad of federal and state laws. Specifically provides guidance with respect to telemarketing, automatic renewal, billing disclosures, and collection issues.
  • Represents leading interactive promotion agency in structuring contests, drafting rules, and reviewing advertising and promotional materials. Provides ongoing legal support throughout the contest period and winner selection process.
  • Provides ongoing advice to the leading consumer advocacy publisher in connection with Internet marketing promotions, mobile applications, review of direct mail subscription pieces, and contests and sweepstakes. Provides ongoing legal advice on regulatory and compliance matters.
  • Represented a nutritional supplement industry leader in its challenge of the false and unsubstantiated claims made by a competing supplement provider that one of its products was superior. NAD ruled in favor of our client on all challenged claims and determined that the competitor should modify its advertising.
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
Scholarly Lectures/Writings:
Honors/Awards:
  • , "Leading Lawyer" in Advertising: Transactional & Regulatory, Chambers USA, 2022
  • , "Recommended Lawyer" in Media, technology and telecoms – Advertising and Marketing , The Legal 500 U.S., 2022

Office location for Andrew B. Lustigman

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

Selections

16 Years Super Lawyers
  • Super Lawyers: 2008 - 2023

Top Lists

Top 100: New York — Metro Super Lawyers: 2019 - 2020

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