Previous Law Firm Name

• Sheldon S. Lustigman

Languages

• English

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, telecommunications 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

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 admin@lustigmanfirm.com

Areas of Practice

• Advertising Clearance
• Regulatory Investigations and Defense
• Sweepstakes and Contests
• Internet and Technology Law
• Sports and Entertainment Law
• Regulatory and Administrative Matters
• Food and Drug Law
• Direct Marketing Law
• Competitor Disputes
• Commercial Litigation

Honors and Awards

• AV-Rated Martindale Hubbell
• International Network of Boutique Law Firms

Published Works

• "It's The Law" Legal Column, DM News

Classes and Seminars

• Hot Topics in Advertising Law, Bar Association of the City of New York
• New Technologies and New Media in Advertising Law, LSI

Ancillary Businesses

• Sports and Entertainment Law - Boxing law

West Practice Categories

Administrative Law, Administrative Hearings & Adjudication, Administrative Investigations, Administrative Rulemaking, Licensing, Regulatory Enforcement, Arbitration, Mediation, Antitrust & Trade Regulation, Deceptive Trade Practices, Trade Regulation, Unfair Competition, Business & Commercial Law, Consumer Protection, Contracts, Joint Ventures, Business Organizations, Business Successions, Closely Held Businesses, Corporate Governance, Dissolution, Non-profit & Tax-exempt Organizations, Partnerships, Communications & Media Law, Advertising, FCC, Internet, Print Media, Radio, Telecommunications, Television & Film, Constitutional Law, Freedom of Speech, Entertainment, Sports & Leisure Law, Entertainment, Sports, Tourism, Travel & Leisure, Government Agencies & Programs, Food & Drug Administration, Law Enforcement Agencies, Health & Health Care Law, Intellectual Property Law, Copyrights, Technology Licensing, Trade Dress, Trade Secrets, Trademarks, Internet -- Cyberspace, Computer Crimes, Computer Law, Digital Signatures, Domain Names, Electronic Commerce, Litigation & Appeals, Complex Litigation, Federal Appellate Practice, Federal Trial Practice, State Trial Practice, US Court of Appeals for the Federal Circuit, US Supreme Court, Science & Technology Law