The Lustigman Firm, P.C.
Previous Law Firm Name
- Sheldon S. Lustigman
Law Firm Overview
The Lustigman Firm's practice is geared towards servicing the needs of the advertising, promotional marketing, and direct marketing industries with a commitment to providing personal, efficient and effective legal service. The Lustigman Firm prides itself on finding creative solutions to its clients' legal challenges. While too many law firms are quick to say no to great advertising ideas, our motto is Let's see how we can do this.
From its Madison Avenue office in New York City, The Lustigman Firm is an AV-rated boutique representing advertisers and marketers with respect to legal issues arising out of advertising campaigns, sweepstakes promotions and new media activities. We serve a wide range of advertising agencies, marketing firms, and e-mail marketing firms, entrepreneurs, telemarketing companies and call centers, direct marketers, , and pharmaceutical and dietary supplement companies. A significant portion of the firm's practice is dedicated to regulatory investigations and litigation. This experience provides effective and superior advocacy as well as keen insight into the current state of advertising and marketing law.
We invite you to learn more about our law firm and the valuable services we can provide to enhance your advertising and promotional marketing efforts and to address any compliance matters you may have, including helping protect your message while minimizing the risk of competitor challenges, regulatory investigation, and .
Advertising Clearance: We believe that advertising clearance should be more than saying no to the creative marketing that clients want to bring to the marketplace. Our idea of vetting advertising is to work with our clients to generate powerful sales copy that complies with state and federal laws, broadcast advertising standards and the requirements of self-regulatory agencies. Because our practice also focuses on defending clients in regulatory challenges, we are able to provide meaningful, up-to-date insight on the regulatory landscape. We strive to help our clients comply in all media channelstelevision, radio, print, direct mail, telemarketing, Internet, email, and other electronic media.
Sweepstakes, Contest, and Promotional Marketing Law: We steer clients through the confusion and pitfalls that are all too prevalent in sweepstakes and promotion marketing . Whatever the channel through which your sweepstakes or contest will be promoted, we can draft rules and disclosures, coordinate registration and bonding, review your advertising copy, handle sponsorships and licensing issues and ensure the structural integrity of your promotion.
Direct Marketing Law: We regularly review direct marketing programs for compliance in all channels. We represent a wide variety of prominent businesses in the direct marketing industry, including agencies, marketers, suppliers, and list brokers/managers. We litigate challenges in federal, state, and administrative courts, including the Postal court. Our attorneys serve on the law committees for the Promotion Marketing Association (PMA), the Direct Marketing Association (DMA), and on the Consumer Affairs Committees of the Association of the Bar of the City of New York and the American Bar Association. Firm member Andrew Lustigman writes the legal column, It' ? and P < country. the across topics marketing direct on speaks writes regularly also He marketers. affect that trends to devoted publication a News, DM for Law, s>
Telemarketing Law: Telemarketing remains one of the most heavily regulated channels in the industry. In addition to challenging marketers, regulators are intent on targeting those who supply services to telemarketers. We assist clients in navigating the increasingly complex and shifting regulatory environment that surrounds telemarketing today. We regularly review both telemarketing presentations and business arrangements on behalf of marketers and suppliers. In addition, we assist in registration and bonding requirements for telemarketers. We also represent marketers and suppliers facing do not call challenges by regulators and private plaintiffs.
Internet and Technology Law: We represent businesses in numerous matters relating to Web and software development. We also regularly counsel marketers regarding online advertising, e-mail marketing , prize promotions, e-commerce, privacy policies and protection, marketing to children, employee use of the Internet, the coordination of offline and online business ventures, affiliate programs, and other pay-for-performance marketing techniques.
Privacy Issues: Marketing today entails complying with a host of privacy laws and the evolving right of publicity. We counsel clients on the use of individuals and celebrities in advertising and marketing campaigns and work to secure publicity rights.
Customer privacy and data collection concerns play a growing role in matters with which marketers and service providers must contend. We counsel clients on privacy compliance with respect to financial, medical, and other personal matters, both on- and off line.
Foods, Drugs, Cosmetics, and Dietary Supplements: The most significant challenges that advertisers face with health, pharmaceutical, and dietary supplement advertising is substantiation of health claims as well as competitor challenges. We represent companies that produce food products, pharmaceuticals, dietary supplements and diet products in connection with regulatory investigations, competitor challenges, and litigation. Our attorneys help clients strike the right balance in advertising and labeling, including providing legal counsel on relevant regulations regarding advertising and labeling of a pharmaceutical, food, or dietary supplement product, review of labeling and packaging to help ensure compliance with relevant laws, legal representation before the FDA, U.S. Customs Service, and U.S. Postal Service, and legal representation to resolve issues regarding product recalls or product seizures.
Regulatory Investigations and Litigation: The Lustigman Firm frequently represents clients in regulatory inquiries and defends its clients in litigation brought by federal, state and local regulatory bodies. We recognize that any investigation can be very difficult for a client. Therefore, we work hand-in-hand with the client to analyze and address any potential problems and then help implement a sensible pro-active strategy. We have significant experience defending matters brought by the Federal Trade Commission, the United States Department of Justice, the United States Postal Service, the Food and Drug Administration, the Federal Communications Commission, state attorneys general (NAAG), district attorneys and state public utility commissions.
Competitor Challenges : We frequently represent companies in consumer and business litigation involving false and deceptive advertising issues (Lanham Act), intellectual property, unfair competition, trade secrets, and corporate matters in federal district courts, administrative bodies, and state courts, as well as before arbitral bodies such as the American Arbitration Association and JAMS. The Lustigman Firm represents client companies with respect to challenges brought before the National Advertising Division of the Better Business Bureau (NAD) and the Electronic Retailing Self-Regulatory Program (ERSP).
Sports Law: The attorneys of The Lustigman Firm, and Scott Shaffer in particular, concentrate on providing legal representation to boxing promoters, managers, individual boxers, and entertainment and media businesses involved in the sport of boxing in New York, New Jersey and nationwide. The firm's clients benefit from his knowledge, experience, and familiarity with the unique aspects of the sport of boxing. This expertise allows The Lustigman Firm to serve its boxing clients quickly and efficiently on emergency matters, since a bare minimum of time is often available to obtain an understanding of problems that often arise on the eve of major boxing events.
Corporate Matters: Our attorneys focus on the organization, structure, and financing, business litigation, and commercial transactions of our advertising and direct marketing clients. This includes assisting clients in structuring their relationships, including list management and list brokering, marketing arrangements, joint ventures, confidentiality, employment and executive compensation agreements, shareholder and partnership agreements, mergers and acquisitions and secured and unsecured financings.
Contact Us: The Lustigman Firm provides its clients from around the world with sound legal counsel on compliance with state and federal laws relating to their marketing campaigns as well as with respect to compliance, litigation, and investigatory matters. We are active members of the DMA and PMA and the International Network of Boutique Law Firms. Contact our office for legal support regarding your innovative marketing program.
Contact us at (212) 683-9180 or email@example.com