Advertising Law Blog

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a Legaltech News article on Facebook’s recent complaint filed in a northern California district court against Chinese companies accused of selling fraudulent accounts. During Q1 of 2018 alone, the article notes, Facebook disabled about 583 million fake accounts, and since no cause of action exists for “creation of a fake account,” a breach of contract claim could prove a constructive deterrent against future fraud. “The availability of a breach of contract claim,” Mr. Lustigman emphasizes, “is one of the reasons we stress to clients to have robust terms of service that can help protect the business.”