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

Andy Lustigman is a member of the Olshan Executive Committee and is Chair of the firm's Advertising, Marketing and Promotion's Group.

Leveraging his extensive experience in advertising, marketing and promotions, Andy counsels domestic and international 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. Having been recognized by Chambers USA for fourteen consecutive years, Chambers noted that, “Andrew Lustigman provides clients with legal advice on a wide range of advertising concerns, from structuring sweepstakes to regulatory proceedings, ‘He has incredible attention to detail and thoroughness, and is a very meticulous lawyer,’ according to a source, who adds: ‘He does a truly marvelous job for us in advertising work.’” Andy was acclaimed for his “experience, flexibility, and clear and to-the-point advice,” and that "he is very knowledgeable about what is happening with regulatory bodies we may encounter." He is also noted as "a renowned transactional lawyer who is also adept in dispute resolution,” noting that he "gives excellent advice" and "helps me find creative solutions." Andy's clients appreciate his "experience, flexibility, and clear and to-the-point advice,” and that "he is very knowledgeable about what is happening with regulatory bodies we may encounter

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 BNA, 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.

Location

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

Languages

  • English

Education

  • American University , J.D., graduated 1991
  • University of Michigan, B.A., graduated 1988

Bar Admissions

  • New York, New York
  • New Jersey, New Jersey

Affiliations

  • American Bar Association, Committee on Promotion and Marketing Law - Past Chair
  • American Bar Association, Consumer Protection Committee - Member
  • Association of the Bar of the City of New York, Consumer Affairs Committee - Member
  • Brand Activation Association/Promotion Marketing Association, Legal Affairs Committee - Member
  • Direct Marketing Association - Member
  • Federal Communications Bar Association - Member
  • Globalaw - Member
  • LAWorld International Legal Network - Member
  • New Jersey Bar Association - Member
  • New York State Bar Association - Member

Recognized in The Best Lawyers in America® 2022 for work in:

  • Advertising Law

Special Focus

  • COVID-19

Awards:

  • AV-rated (“Preeminent”) by Martindale-Hubbell.
  • Repeatedly selected as a Notable Practitioner in his practice area by Chambers USA since 2008.
  • Consistently named to the New York Super Lawyers list, a Thomson Reuters lawyer rating service, since 2008.
  • Recognized in The Legal 500 U.S. in Marketing and Advertising annually since 2016.
  • Selected by his peers for inclusion in The Best Lawyers in America annually since 2016 in the field of Advertising Law.

Publications

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