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Andrew B. Lustigman - New York, NY

1325 Avenue of the Americas New York, NY 10019

Super Lawyers®

1

Virtual Appointments

Updated: 02/18/2024

New York Advertising, Marketing & Promotions Lawyer

Overview

Andrew B. Lustigman represents marketers, advertisers, and traditional and digital agencies and suppliers in connection with the legal aspects of their advertising and promotional marketing businesses. Indeed, Chambers USA reported that Andrew Lustigman was cited by clients as "pragmatic and always looking for solutions that meet a specific client's needs...

Andrew B. Lustigman represents marketers, advertisers, and traditional and digital agencies and suppliers in connection with the legal aspects of their advertising and promotional marketing businesses. Indeed, Chambers USA reported that Andrew Lustigman was cited by clients as "pragmatic and always looking for solutions that meet a specific client's needs."

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.

Frequent Speaker

Andrew regularly appears in publications such as the National Law Journal, Law360, 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 his "broad 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.

Media Mentions/News

  • Lustigman and Solomon to Speak on Promotions and Sweepstakes in the Digital Age
    February 21, 2014
  • Bloomberg BNA Cyberlaw Outlook for 2014 Quotes Lustigman on Social Media
    February 6, 2014
  • Lustigman and Ezor Quoted in Law360 Article About Social Media Use
    October 1, 2013
  • Thirty-One Olshan Lawyers Selected by Super Lawyers®
    September 13, 2013
  • Lustigman and Smith Co-Author Chapter for Inside the Minds: Recent Developments in Advertising Law
    September 13, 2013
  • Lustigman Quoted in Law360 Article About Mobile Cramming Practices
    August 6, 2013
  • Lustigman Quoted in June 2013 Issue of Entrepreneur Magazine
    June 6, 2013
  • Lustigman, Ross and Solomon Named by Chambers USA
    May 24, 2013
  • Lustigman Quoted On Time Warner Victory regarding Claim of Exaggerated Advertising
    May 7, 2013
  • Lustigmans Lead Nutrition 21 in Successful Challenge of InterHealth
    April 23, 2013
  • Lustigman Quoted in Digiday's Article "Brands' Biggest Legal Problems in Digital"
    March 8, 2013
  • Lustigman Leads Olshan Team Defending California Class Action
    January 24, 2013
  • Bloomberg BNA Cyberlaw Outlook for 2013 Quotes Andy Lustigman on Advertising, Mobile Device Marketing and Recent Decisions by National Advertising Division
    January 1, 2013
  • Lustigman Quoted in Digiday's Article "How Brands Deal With Legal"
    December 13, 2012
  • Lustigman and Solomon Assist LNK Partners with Investment in Marketer of P90x
    December 11, 2012
  • Twenty-Four Olshan Lawyers Selected by Super Lawyers®
    September 20, 2012
  • Lustigman and Smith Discuss Most Important Advertising Cases of the Year
    June 19, 2012
  • Lustigman, Ross and Solomon Named by Chambers USA
    June 7, 2012
  • Lustigman Quoted in Law360 on FCC's "Cramming" Proposal
    May 23, 2012
  • NLJ Names Olshan to 2012 Midsize Hot List
    April 23, 2012
  • Andrew Lustigman Quoted in Law360 on Verizon and Third-Party Billing
    March 21, 2012
  • Olshan Presents "Legal Issues Involving Social Media" Webinar
    December 12, 2011
  • Sixteen Olshan Lawyers Selected by Super Lawyers®
    September 21, 2011
  • Andrew Lustigman to Present at NAD Annual Conference 2011
    September 21, 2011
  • Andrew Lustigman Authors Article for Mobile Marketer
    September 21, 2011
  • Solomon and Lustigman Promotion Featured in Business Insider
    June 27, 2011
  • Lustigman and Solomon Named by Chambers USA
    June 23, 2011
  • Olshan Announces Advertising, Marketing & Promotions Group
    June 1, 2011

Press Releases

  • Olshan's Advertising, Marketing & Promotions Practice Launches Integrated Platform and Relaunches Leading Internet Sweepstakes Site
    January 28, 2014
  • Olshan Partners Andrew Lustigman, Samuel Ross and Adam Solomon Ranked As Leading Lawyers in Chambers 2013 USA Guide
    May 24, 2013
  • Olshan Attorneys Recognized by The Best Lawyers in America® 2013 and Super Lawyers® for 2012
    September 20, 2012
  • Olshan's Andrew Lustigman, Samuel Ross and Adam Solomon Ranked by Chambers in 2012 USA Guide
    June 7, 2012
  • The National Law Journal Names Olshan to "Midsize Hot List"
    April 30, 2012
  • Olshan Attorneys Recognized
    September 20, 2011
  • Olshan's Andrew Lustigman and Adam Solomon Ranked by Chambers in 2011 USA Guide
    June 14, 2011
  • Olshan Announces New Practice Group: Advertising, Marketing & Promotions Department
    June 1, 2011

Advertising Law Blog

  • FTC and UK Head Sign MOU Signaling Cross Border Privacy Enforcement
  • Plan Now for Changes in Emailing Canadians
  • Lustigman and Solomon to Speak on Promotions and Sweepstakes in the Digital Age
    Andrew B. Lustigman, Adam Z. Solomon
  • California Supreme Court to Address Insurance Coverage of Advertisers
    Jeremy M. King, Andrew B. Lustigman
  • "Efficiently Stopping False or Unsubstantiated Advertising" from Inside the Minds: Recent Developments in Advertising Law Now Available for Download
  • CLIENT ALERT: New York State Extends Labor Law Protections to Child Models
  • Thirty Olshan Lawyers Selected by Super Lawyers®
  • Lustigman and Smith Co-Author Chapter for Inside the Minds: Recent Developments in Advertising Law

About Andrew B. Lustigman

Practice Areas

  • Advertising, Marketing & Promotions
  • Brand Management & Protection
  • Intellectual Property Law
  • Litigation
  • White Collar Defense & Government Investigations
  • International Law
  • Advertising Litigation
  • Advertising, Marketing & Promotions Advisory Services
  • Advertising, Marketing and Promotions Transactions
  • Direct Marketing Law
  • Food, Drug, Dietary Supplement, Medical Device & Cosmetics Compliance and Transactions
  • Green Advertising & Claims
  • Internet & Digital Marketing Law
  • Media, Entertainment & Technology Litigation
  • Privacy, Data and Security
  • Regulatory Compliance, Investigations & Enforcement
  • Social Media Law
  • Sweepstakes & Contests Law

Litigation

  • 50%

Current Employment Position(s)

  • Partner

Qualifications

Bar Admissions

  • New York, 1995
  • New Jersey, 1995
  • U.S. District Court District of New Jersey
  • U.S. District Court District of Maryland
  • U.S. District Court of the District of Columbia
  • U.S. District Court District of Colorado
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York
  • U.S. District Court Western District of New York
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 4th Circuit
  • U.S. Court of Appeals 11th Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. Supreme Court

Other Affiliations

  • New York State Bar Association
  • New Jersey Bar Association
  • Association of the Bar of the City of New York (Consumer Affairs Committee)
  • Promotion Marketing Association (Legal Affairs Committee)
  • American Bar Association (Past Chair, Special Committee on Promotion and Marketing Law)
  • American Bar Association (Consumer Protection Committee)
  • Direct Marketing Association
  • Federal Communications Bar Association
  • Brand Activation Association/Promotion Marketing Association, Legal Affairs Committee (1996-2019)
  • Fellows of the American Bar Foundation
  • Chair, LAWorld International Legal Network

Education

  • American University, Washington College of Law, Washington, District of Columbia, 1991
    J.D.
    Honors: magna cum laude
    Law Review: The American University Law Review, Managing Editor
  • University of Michigan, Ann Arbor, Michigan, 1988
    B.A.
    Major: Political Science

Past Positions

  • The Lustigman Firm, P.C., Principal

Classes and Seminars

  • Important Changes To The Telephone Consumer Protection Act (TCPA): What You and Your Client Need To Know, September 17, 2013
  • Advance Consent, Telemarketing & Direct Marketing, 35th BAA Annual Marketing Law Conference, Chicago, IL, November 18, 2013 - November 20, 2013
  • Latest Legal Issues That Impact the Online Marketing Community, 2nd Annual HitPath Masters Conference, New Orleans, LA, September 29, 2013 - October 1, 2013
  • Legal Ethics and Social Media, Advertising Self-Regulatory Council's NAD, CARU, and ERSP Annual Conferences, New York, October 1, 2013
  • Consumer Protection Update April 2013, ABA Section of Antitrust Law Consumer Protection Committee, May 13, 2013
  • Advertising and Promotional Marketing Update - April 2013, Promotion Marketing Association Legal Affairs Committee, 2013
  • Olshan Webinar: Competitor Advertising Challenges: Lanham Act vs. NAD, March 27, 2013
  • Risks and Opportunities in Advance Consent, Negative Option and Affiliate Marketing, 34th Annual PMA Marketing Law Conference, Chicago, 2012
  • Affiliate Marketing Law, HitPath Masters Conference 2012, New Orleans, 2012
  • Most Important Advertising Cases of the Year, Expert Forum on Litigating & Resolving Advertising Disputes, American Conference Institute, New York, 2012
  • March 2012 Consumer Protection Update, ABA Committee on Consumer Protection, 2012
  • Regulatory Update: North America and Beyond, Networking DM, Whistler, British Columbia, 2012
  • Current Developments in Intellectual Property Issues, Understanding & Complying with Sweepstakes, Promotions and Marketing Laws, The Association of the Bar of the City of New York, New York, 2012
  • Olshan Webinar: Legal Issues Involving Social Media, December 7, 2011
  • Hot Topics In Advertising Law: Supreme Court Update, National Advertising Division Annual Conference, New York, 2011
  • Regulatory Compliance Panel, NetworkDM 2011, Whistler, British Columbia, Canada, 2011
  • Mobile Marketing Law Update, ABA 26th Annual Intellectual Property Law Conference, Arlington, VA, 2011
  • February 2011 Consumer Protection Update, ABA Committee on Consumer Protection, 2011
  • How Far Can You go With Your Promotion, Promotion Marketing Association 32nd Annual Law Conference, Chicago, IL, 2010
  • Sweepstakes and Contests: All You Need To Know for Legal Compliance, Global Business & Legal Seminars, 2010
  • How far can you go with your promotion, 32nd Annual Promotion Marketing Association Law Conference, Chicago, Illinois, 2010
  • Mobile Media and the Law: Legal Do's and Don'ts, Mobile Marketing and Media 2010, New York, 2010
  • Sweepstakes and Contest Promotions on the Domestic and International Scale, International Intellectual Property Society, New York, 2010
  • Co-Presenter, Texting, Toggling, Tagging, Tweeting: Copyright, Trademark and Advertising in New Media, American Bar Association 25th Annual Intellectual Property Law Conference, Arlington, VA, 2010
  • Legal Do's and Don'ts of Mobile Marketing, DMA Mobile Marketing Day 2010, New York, NY, 2010
  • January 2010 Consumer Protection Update, ABA Committee on Consumer Protection, 2010
  • Webinar: Blogging, Tweeting, Endorsing, and Disclosing: The New FTC Guides, The Lustigman Firm Webinar, 2009
  • Webinar: Understanding the new FTC Endorsement and Testimonial Guides, The Lustigman Firm Webinar, 2009
  • Direct Marketing, the Rise of Restrictions, Promotion Marketing Association, Chicago, IL, 2009
  • How the FCC Inquiry will Affect Mobile Marketing, Mobile Marketer Webinar, 2009
  • Complying With the New Regulatory Order: Changes in the Endorsement Testimonial Guides and Green Guides, HBA Global Expo, New York, NY, 2009
  • Recent Developments in Advertising and Claim Substantiation, Insight's 6th Annual Cosmeceuticals Conference, New York, New York, 2009
  • Direct Marketing Enforcement - Emails, Mailings, and Telemarketing, ACI's 3rd Annual Advertisers' and Marketers' Regulatory Summit, Washington, D.C., 2009
  • Affiliate Programs: Management, Fraud and Amazon Tax, LISTnet Business Technology Law SIG, New York, 2009
  • Avoiding GREENWASHING Accusations, Environmental Marketing Law Update, International Intellectual Property Society, New York, New York, 2009
  • Legal Do's and Don'ts in Mobile Marketing Campaigns, DMA's Mobile Marketer For Agencies and Media Buyers Day, New York, 2009
  • Consumer Protection Law March 2009 Update, American Bar Association Section of Antitrust Law Consumer Protection Committee, 2009
  • Webinar: The NY Amazon Tax: Collection on NY Affiliate-Driven Sales, The Lustigman Firm Webinar, 2009
  • Mobile Marketing and the Law, Direct Marketing Association Mobile Marketing Day, New York, NY, 2009
  • Co-Chair, Advanced Claim Substantiation Workshop, ACI's 22nd Annual National Advanced Forum on Advertising Law, New York, NY, 2009
  • Engaging in Green Marketing Without Running Afoul of Federal and State Guidelines, 22nd Annual National Advanced Forum on Advertising Law, New York, NY, 2009
  • New Trends in Sweepstakes and Promotion Law, Law Seminars International's 17th Annual Conference on New Developments in Technology Law, Seattle, WA, 2008
  • Affiliate and Direct Marketing: Legal issues involved when using third parties and affiliates or direct marketing with your products or services, Promotion Marketing Association 30th Annual Promotion Marketing Law Conference, Chicago, IL, 2008
  • Hot Topics in Advertising Law: Direct Marketing, Association of the Bar of the City of New York, NY, 2008
  • Direct Marketing Law Update, Avrick Direct DM Days Breakfast, New York, NY, 2008
  • Cosmetic Marketing Law Developments, American Lawyer Media's 5th Annual Cosmecuticals Conference, New York, NY, 2008
  • New York State Regulatory Developments, eHavorial, Peer-to-Peer and New Media Marketing Conference Law Seminars International, Seattle, Washington, 2008
  • Consumer Protection Law April 2008 Update, American Bar Association Section of Antitrust Law Consumer Protection Committee, 2008
  • Co-organizer, Behavioral Advertising Roundtable, American Bar Association Section of Intellectual Property Law, New York, NY, 2008
  • Landmines, Hot Topics and Red Flags in Promotions Law, The 23rd Annual Intellectual Property Law Conference, Arlington, Virginia, 2008
  • Current Issues In Direct Marketing, Promotion Marketing Association, Chicago, IL, 2007
  • Working With Experts on Claim Substantiation, American Conference Institute, New York, NY, 2007
  • Dietary Supplement Claim Substantiation, Electronic Retailing Association, East Coast Legal Series, New York, NY, 2007
  • Consumer Protection Law Update, American Bar Association Section of Antitrust Law Consumer Protection Committee, 2007
  • Current Issues In Direct Marketing, Promotion Marketing Association, Chicago, IL, 2006
  • Workshop Chair, Using Consumer Surveys and Clinical Studies for Substantiation Purposes, ACI National Advanced Corporate Counsel Forum on Advertising Law, New York, NY, 2006
  • Legal Liabilities of List Owners, List Brokers and List Managers, Avrick Direct - Direct Marketing Association, San Francisco, CA, 2006
  • Risk Management for Direct Marketers - Avoiding Legal Traps, Philadelphia Direct Marketing Association, Philadelphia, PA, 2006
  • Legal Liabilities of List Owners, List Brokers and List Managers, Avrick Direct - Direct Marketing Association, New York, NY, 2006
  • Co-Chair, New Technologies and New Media in Advertising Law, Law Seminars International, New York, NY, 2006
  • Presenter, New Developments in Telemarketing in a Changing Marketplace, Law Seminars International, New York, NY, 2006
  • Understanding and Complying With Sweepstakes and Promotions Law: Regulatory and Enforcement Issues, Association of the Bar of the City of New York, NY, 2004
  • Current Issues In Direct Marketing, Promotion Marketing Association, Chicago, IL, 2004
  • Hot Topics In Advertising Law: Direct Marketing, Association of the Bar of the City of New York, NY, 2004
  • Privacy Update: Making Sense of Opt-In/Opt-Out Requirements, DMA 87th Annual Conference & Exhibition, New Orleans, LA, 2004
  • Current Issues In Direct Marketing, Promotion Marketing Association, Chicago, IL, 2003
  • Privacy Update, DMA 86th Annual Conference & Exhibition, Orlando, FL, 2003
  • Hot Topics In Advertising Law: Direct Mail, Association of the Bar of the City of New York, 2003
  • New Developments In Direct Marketing Law, DM DAYS, New York, NY, 2003
  • Current Issues In Direct Marketing, Promotion Marketing Association, Chicago, IL, 2002
  • Hot Topics In Advertising Law: Internet Advertising, Association of the Bar of the City of New York, New York, NY, 2002
  • DMers Beware: The Top 10 Things Direct Marketers Need To Know About The Laws Governing Direct Marketing, DM DAYS, New York, NY, 2002
  • Current Issues In Direct Marketing, Promotion Marketing Association, Washington, D.C., 2001
  • Olshan Webinar: Important Changes To The Telephone Consumer Protection Act (TCPA): What You and Your Client Need To Know, September 17, 2013

Achievements

Other Sources of Feedback About Andrew B. Lustigman

Included on the 2024 New York Metro list


Past Lists

  • 2023 New York Metro Super Lawyers list
  • 2022 New York Metro Super Lawyers list
  • 2021 New York Metro Super Lawyers list
  • 2020 New York Metro Super Lawyers list
  • 2019 New York Metro Super Lawyers list
  • 2018 New York Metro Super Lawyers list
  • 2017 New York Metro Super Lawyers list
  • 2016 New York Metro Super Lawyers list
  • 2015 New York Metro Super Lawyers list
  • 2014 New York Metro Super Lawyers list
  • 2013 New York Metro Super Lawyers list
  • 2012 New York — Metro Super Lawyers list
  • 2011 New York Metro Super Lawyers list
  • 2010 New York Metro Super Lawyers list
  • 2009 New York Metro Super Lawyers list
  • 2008 New York Metro Super Lawyers list

View the profile for Andrew B. Lustigman on Super Lawyers

Honors

  • Repeatedly ranked as a “Leading Lawyer” in Advertising: Transactional & Regulatory by Chambers USA annually since 2008
  • Recognized as a “Leading Lawyer” in The Legal 500 U.S. in Media, technology and telecoms – Advertising and Marketing in 2023 and as a "Recommended Lawyer" in the same category annually since 2016
  • Recognized in The Best Lawyers in America® for Advertising Law since 2016
  • Consistently named to the New York Metro Super Lawyers list since 2008
  • Named to the Top 100 by New York Metro Super Lawyers list, 2019-2020
  • Martindale-Hubbell AV Preeminent® 5.0/5.0 Peer Rated for Highest Level of Professional Excellence

Photo

Office Information

Address

1325 Avenue of the Americas New York, NY 10019

Fax

  • 212-451-2222

Publication

Articles

  • Bloomberg BNA Cyberlaw Outlook for 2014 Quotes Lustigman on Social Media, February 6, 2014
  • "Fox Broadcasting Co. Inc. v. Dish Network LLC", September, 2013
  • Efficiently Stopping False or Unsubstantiated Competitive Advertising, September, 2013
  • Recent Developments in Advertising Law: Leading Lawyers on Applying Traditional Laws and Policy Guidance to Emerging Technologies and Advertising Media
  • E-Commerce Law Reports, Volume 13 Issue 04
  • "Google Class-Action Suit will Strengthen Consumer Fears About Mobile", Mobile Marketer, May, 2011
  • "Supreme Court Ruling Lets Companies Staunch Class Action Status", Mobile Marketer, April, 2011
  • "Nordstrom Sued for Allegedly Misleading Consumers", Luxury Daily, March, 2011
  • "FTC's Twitter Data Security Settlement Highlights Need to Safeguard Personal Info", Mobile Marketer, March, 2011
  • "Does Groupon Lawsuit Threaten all Mobile Coupon Apps?", Mobile Marketer, February, 2011
  • "Supreme Court Deals Blow to Luxury Claims Against Online Counterfeit Sales", Luxury Daily, December, 2010
  • "Dolce & Gabbana: How will Tax Fraud Indictment Impact the Brand?", Luxury Daily, November, 2010
  • "Fendi Trademark Counterfeiting Suit Settled for $10M", Luxury Daily, October, 2010
  • "Will a Federal Do-Not-Track List Affect Mobile Advertising and Marketing?", Mobile Marketer, August, 2010
  • "FTC Raises Claim Substantiation Bar For Dietary Supplements In Settlements", Tan Sheets, July, 2010
  • "Why is the Mobile Industry so Susceptible to Legal Shakedowns?", Mobile Marketer, July, 2010
  • "Americans Want to Move Toward an Opt-in Paradigm", Mobile Marketer, July, 2010
  • "Overcoming Legal Hurdles of Mobile Marketing", MobiMatters, May, 2010
  • "Am I Liable for a Blogger's Review of My Products?", Your ABA, May, 2010
  • "Legal Review: New Jersey Attorney Targets Marketers in Putative Class Actions", Response Magazine, April, 2010
  • "Verizon settlement with Florida AG Affects Mobile Content Marketing", Mobile Marketer, June, 2009
  • Contributor, 2008 American Bar Association, Annual Review of Antitrust Law Developments (Consumer Protection), 2009
  • "Learning From Sony Learning From Sony BMG's Million-Dollar Mistake", Behavioral Insider, January 3rd, 2009
  • "FTC settlement with Sony BMG affects mobile marketers targeting young", Mobile Marketer, December 29th, 2008
  • "Major record labels sue Myxer for alleged copyright infringement", December 24th, 2008
  • Prepared to comply with FTC's Red Flag Rules?, Mobile Marketer, November 24, 2008
  • More Green False Advertising Claims Will Be Brought, Lawyers Predict, National Law Journal, September, 19, 2008
  • New York affiliate tax complicates affiliate marketing programs, Mobile Marketer, August 18, 2008
  • "Place your bet: Are TV games a lottery?", National Law Journal, June 2, 2008
  • "Legal Considerations For Promotions Involving User Generated Content", American Bar Association, The Practical Lawyer, June, 2008
  • "Regulation of Dietary Supplement Advertising: Current Claims of Interest to the Federal Trade Commission, Food and Drug Administration and National Advertising Division", Food and Drug Law Journal, 2007
  • "Are Popularity Contests Where Consumer Vote for Winners Skill Contest?", Promotion Marketing Association, November, 2007
  • "New FDA Dietary Supplement Rule Presents Challenges", Response, October, 2007
  • "Marketers Need to Beware of Adware", DM News, February, 2007
  • "Atkins Gets Full First Amendment Protection", DM NEWS, January, 2007
  • "Chase/Trilegiant Settlements Raise The Compliance Bar On Continuity Plans", DM NEWS, December, 2006
  • "Q-Ray Case Could Signal Restitution Changes", DM NEWS, October, 2006
  • "Regulators Take Aim At Suppliers", PDMA Directviews, Sept/Oct, 2006
  • "Scrutinize Program Materials, Offers", DM NEWS, September, 2006
  • "List Firms Develop Methods to Meet Compliance Standards", DM News, September, 2006
  • "Feds Target Ad Firms In Gambling Case", DM NEWS, July, 2006
  • "Biz Ops Headed For Tough New Rules", DM NEWS, July, 2006
  • "Battle Brews In Bidding On Trademarks", DM NEWS, April, 2006
  • "BLOGGING A World Audience, And A World of Potential Problems", IBS PERFECT REGISTER, Winter - Spring, 2006
  • "Affiliate E-Mail Marketing Faces Scrutiny", DM NEWS, February, 2006
  • "DNC Safe Harbor Proves Elusive", DM NEWS, October, 2005
  • "Membership Clubs Stay Under Scrutiny", DM NEWS, August, 2005
  • "Do-Not-Mail Proposals Threaten DMers", DM NEWS, June, 2005
  • "Daily News Sweeps Mess Offers Lesson", DM NEWS, April, 2005
  • "Privacy Policies: A Trap For The Unwary", DM NEWS, February, 2005
  • "New Legal Challenges Await Us In '05", DM NEWS, December, 2004
  • "FTC Actions Put Suppliers On Notice", DM NEWS, October, 2004
  • "NY Renews Sweepstakes Enforcement", DM NEWS, August, 2004
  • "State Privacy Law Has National Scope", DM NEWS, June, 2004
  • "Spyware/Adware Bills Targets DMers", DM NEWS, April, 2004
  • "Turmoil Grows Over Trademark Issue", DM NEWS, February, 2004
  • "CAN-SPAM Highlights New Law For '04", DM NEWS, December, 2003
  • "CA Spam Bill Leaves Much Uncertainty", DM NEWS, October, 2003
  • "DMers Must Pay Attention to HIPAA", DM NEWS, August, 2003
  • "New Upsell Rules Challenge Marketers", DM NEWS, April, 2003
  • "Revised TSR Presents New Challenges", DM NEWS, February, 2003
  • "Suit Highlights Data Collection Issues", DM NEWS, June, 2002
  • "Expect New Legal Obstacles In 2003", DM NEWS, December, 2002
  • "Legal Haze Clouds Fax Marketing", DM NEWS, October, 2002
  • "USPS Seeks Fines, Beefs Up Enforcement", DM NEWS, August, 2002
  • "Lanham Act Ruling Shifts The Burden", DM NEWS, June, 2002
  • "Buy.com Suit Highlights S&H Issues", DM NEWS, April, 2002
  • "FTC Proposals Hurt Telemarketers", DM NEWS, February, 2002
  • "New Laws Are On The Way For 2002", DM NEWS, December, 2001
  • "The Hazards of Charitable Fundraising", DM NEWS, October, 2001
  • "Free-to-Pay Programs Attract Scrutiny", DM NEWS, April, 2001
  • "Typo-Squatting: The Latest In Cyber-Piracy", DM NEWS, February, 2001
  • "Legal Issues To Keep In Mind In 2001", DM NEWS, December, 2000
  • "'Mirror Image Doctrine' Questioned", DM NEWS, August, 2000
  • "FTC Tries To Clarify Internet Rules", DM NEWS, June, 2000
  • "Sweeps Limits Continue to Mount", DM NEWS, August, 2001
  • "States Take Aim At Sweepstakes Promotions", DM NEWS, June, 2001
  • "Fallout From PCH Sweeps Settlement", DM NEWS, October, 2000
  • "Kids' Online Privacy Rule Takes Effect", DM NEWS, April, 2000
  • "State, Fed Postal Laws Hit Sweepstakes", DM NEWS, February, 2000
  • "DMPEA Gives USPS Sweeping Powers", DM NEWS, December, 1999
  • "Is This the End of SPAM as we know it?", DM NEWS, January, 1999
  • FTC Threatens Dmers' Right To A Jury Trial, DM NEWS, February 2, 1998
  • Beware Government's Extreme Tactics, DM NEWS, December 8, 1997
  • "FTC Targets Companies Who Assist Telemarketers", DM NEWS, October, 1997
  • "Free Trial Offers Must Be Clear On Subs, Renewal Fees", DM NEWS, June, 1997
  • "Pyramid Schemes Targeted: Multilevel Marketers Beware", DM NEWS, April, 1997
  • "States Ally To Win Court Cases Without Having To Go To Trial", DM NEWS, March, 1997
  • "Suppliers Can't Escape FTC Telemarketing Rule", DM NEWS, February, 1997
  • Senate Poised to Attack Common Sweeps Methods, July 29, 1999
  • Scam of McDonald's Sweepstakes Has Lessons for Marketers, August 23, 2001
  • Amazon, or Online, Tax Will Hurt Small Business, February 12, 2004
  • As Search Marketing Takes Off, Turmoil Grows Over Trademark Issue, February 12, 2004
  • Bloomberg BNA Cyberlaw Outlook for 2013 Quotes Andy Lustigman on Advertising, Mobile Device Marketing and Recent Decisions by National Advertising Division, December 31, 2012
  • NEWSLETTER: Advertising, Marketing & Promotions - Winter, 2014, March 10, 2014
  • State, Fed Postal Legalities Facing Marketers, February 7, 2000
  • Buy.com Suit Highlights S & H Issues, April 10, 2002
  • New Up-Sell Rules Challenge (tele)Marketers, April 10, 2003
  • California Spam Bill Leaves Much Uncertainty, Unanswered Unmail, October 15, 2003
  • Can-Spam Highlights New Laws for 2004, December 15, 2003

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