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Andrew B. Lustigman

Olshan Frome Wolosky LLP: Advertising, Marketing & Promotions Group • New York City, NY
AdvertisingMarketing & PromotionsBrand Management & ProtectionIntellectual Property LawLitigation

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Contact

Email
mmehaj@olshanlaw.com?subject=mmehaj%40olshanlaw.com
Phone
212-451-2258
Address
New York City, NY, 10019, US

Professional

Bar Admissions
New York1995New Jersey1995U.S. District Court District of New JerseyU.S. District Court District of MarylandU.S. District Court of the District of ColumbiaU.S. District Court District of ColoradoU.S. District Court Eastern District of New YorkU.S. District Court Southern District of New YorkU.S. District Court Western District of New YorkU.S. Court of Appeals 2nd CircuitU.S. Court of Appeals 4th CircuitU.S. Court of Appeals 11th CircuitU.S. Court of Appeals Federal CircuitU.S. Supreme Court

About

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 Press Releases Advertising Law Blog

Credentials

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

Recognition & Involvement

Awards
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 from 2023-2024 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
Associations
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
Speaking
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
Updated: May 25, 2026