“Meticulous, focused, legally knowledgeable, extremely energetic, and very creative..”
                                                                                                              The Legal 500 United States

Olshan’s nationally recognized Advertising, Marketing & Promotions Practice provides pragmatic, proactive legal advice and innovative strategies to establish, build and protect brands. We pride ourselves on finding creative solutions to clients' legal challenges. While others are quick to say no to great advertising ideas, we find ways to make them happen.

Whether our clients are delivering a message through one media channel or orchestrating a complex integrated marketing campaign across multiple channels – social media, internet, television, print, radio, direct mail, mobile and other avenues – we overcome legal and regulatory obstacles and ensure their interests are protected. Our objective is simple: to support each client’s advertising and promotional efforts while minimizing risk.

Clients ranging from startups, entrepreneurs, boutique advertising and promotion agencies to multinational Fortune 500 corporations retain us to advise on and represent them regarding virtually every aspect of advertising, marketing and promotions law including:

Advisory

Our group provides constructive, client-focused legal advice on all advertising, marketing and promotions issues. Clients turn to us for guidance on everything from new market entry, materials clearance, product and service launches, and celebrity sponsorships and endorsements to privacy concerns, commercial matters, compliance issues, dispute resolution and emerging technologies such as AI, machine learning and cryptocurrency.

Olshan lawyers are also frequently called on by other law firms to act as specialty counsel. We conduct due diligence and advise on the advertising and marketing aspects of lead generation, marketing plans and campaigns, among other matters, especially when highly regulated industries are involved.

Transactions

The practice’s lawyers are deeply experienced in structuring, negotiating and enforcing technology and IP licensing, product terms, web agreements, service provider engagements, distributor matters and all other marketing-related transactions and provisions. We have structured impressive endorsement and sponsorship deals for and with well-known athletes and celebrities of all types, including social media influencers, and have negotiated the complex media rights packages that underpin these transactions.

Sweepstakes & Contests

For more than 30 years, we have provided cutting-edge advice to clients on sweepstakes and contests, navigating clients of all sizes through promotions. We develop promotions rules, ensuring campaigns comply with federal and state advertising regulations, bonding requirements and the unique legal requirements of various social media sites.

Regulatory Compliance, Investigations & Enforcement Actions

Our lawyers guide clients on compliance issues and handle regulatory defense, representing clients in investigations and enforcement actions conducted by the FTC, FCC, FDA, CFPB and other regulatory agencies, state attorneys general and county district attorneys.

Dispute Resolution In and Out of Court

From competitor disputes and class actions to white-collar defense and transactions disputes, we bring unparalleled experience in state and federal court trials and appeals, and alternative dispute resolution (ADR) forums. Many of our litigators are former prosecutors and trial lawyers with extensive experience handling a wide range of business disputes as both plaintiff and defense counsel. We regularly achieve favorable results for our clients in high-profile disputes and have an exceptional success rate in ADR proceedings.

A Top-Notch Team with an Industry-Wide Reputation for Results

Chaired by Andrew Lustigman, a recognized leader and respected authority in the advertising and promotions law field, Olshan’s Advertising, Marketing & Promotions Group is consistently recognized as among the nation’s finest by leading peer and client-reviewed authorities such as Chambers USA and The Legal 500 United States, and ranked nationally and regionally by Best Lawyers® for Advertising Law. Our industry-wide reputation for excellence results from our extensive knowledge of the advertising, marketing and promotions industry and the outstanding results we have achieved for clients, including landmark and precedent-setting decisions that set new legal standards.

Our Advertising, Marketing & Promotions lawyers are also internationally recognized for their abilities and effectiveness. Sought out by major media outlets for their legal acumen, often they are guests on television and radio, and they frequently speak and write on advertising and promotional marketing law topics.

learn more at:

www.sweepstakeslaw.com

Chambers 2024 USA Guide
The Legal 500 US 2024 - Leading Firm

Best Law Firms® 2024

Marketing Law Basics

The promotions lawyers at Olshan provide experienced legal counsel that helps protect the business interests of their advertising and promotional clients around the United States and Canada, including New York, New Jersey, Florida, California, Nevada, Pennsylvania, Toronto, Montreal, Ontario, Quebec and around the world.

Our marketing law attorneys have authored a variety of helpful marketing law articles and resources on this website. Please review these materials and contact our marketing law office to learn more about how we can help you with your next advertising and promotions campaign.

Direct Marketing Law Basics - Please email us to request our white paper, which explains the key concepts marketers need to know about the laws governing direct marketing, including direct mail, faxing, telemarketing, email marketing, and sweepstakes and prize promotions.

Sweepstakes Law Basics - A two-page document highlighting the basics of sweepstakes law.

Prize Promotion Traps for the Unwary - This two-page document provides a heads-up to the most common legal problems sweepstakes and contest sponsors encounter.

FTC Enforcement Basics - A five-page overview of the FTC and its enforcement procedures, highlighting administrative hearings, district court actions, and injunctions.

These publications are issued by Olshan Frome Wolosky LLP for informational purposes only and do not constitute legal advice or establish an attorney-client relationship. To ensure compliance with requirements imposed by the IRS, we inform you that unless specifically indicated otherwise, any tax advice contained in this publication was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein. In some jurisdictions, these publications may be considered attorney advertising.

Advertising Law Blog

Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions Group at Olshan and is focused on finding creative legal solutions to its client's advertising challenges and compliance matters. The practice is geared to servicing the needs of the advertising, promotional marketing, and direct marketing industries with a commitment to providing personal, efficient and effective legal service.

Newsletters

The Advertising, Marketing & Promotions Group's quarterly newsletter covers topics of interest to the firm's clients in the areas of advertising challenges and compliance, sweepstakes and promotions, direct marketing, new media and other relevant legal issues. Also included are recent articles and publications by the attorneys.

Our goal is to provide this newsletter on a complimentary basis to our clients and contacts. We welcome your suggestions on the type of content that interests you and the ways we can make this a useful resource to meet your needs.

If you are interested in subscribing to this newsletter, please click here.

If the success of your next marketing campaign is critical to the success of your business, contact the Advertising, Marketing & Promotions Group at Olshan to speak to a knowledgeable marketing law attorney who can explain how the law applies to you.

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