Andrew B. Lustigman Esq. New York, New York
Principal
| | phone | (212) 683-9180 (Ext. (16))
| | fax | (212) 683-9181
| | email | Email Me
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Andrew Lustigman is a member of The Lustigman Firm, P.C. He represents direct marketers, advertisers, media and Internet companies in all aspects of their advertising and promotional marketing business. Andrew assists clients in their marketing endeavors, including clearance of advertising and marketing materials, sweepstakes, games of skill, and other contests, direct marketing campaigns, infomercials, telemarketing campaigns, Internet marketing, intellectual property issues, and privacy issues. In addition, he handles inquiries and litigation brought by various federal and state regulators, including the Federal Trade Commission, the Federal Communications Commission, the United States Postal Service, the United States Senate, state attorneys general, district attorneys, as well as state public utility commissions, and self-regulatory bodies such as the National Advertising Division of the Better Business Bureau. He also handles consumer and business litigation involving false and deceptive advertising issues, intellectual property, and corporate matters.
For over a decade, he authored the legal column, "It's the Law", for DM News, a publication devoted to legal trends that affect direct marketers. He is a contributor to industry publications such as the Promotion Marketing Association's Promotion Marketing Law treatise and has appeared in national publications such as the National Law Journal and Mobile Marketer. He frequently speaks on subjects relating to direct and promotional marketing topics. Andrew serves on the law committees for the Promotion Marketing Association, Direct Marketing Association, the ABA Special Committee on Promotions and Marketing Law, and on the Consumer Affairs Committee for the Association of the Bar of the City of New York. He graduated Magna Cum Laude from The American University, Washington College of Law where he was Managing Editor of The American University Law Review. Andrew is the President of the New York Chapter of the International Network of Boutique Law Firms and Chair of the Marketing Committee. He is a member of the New York and New Jersey Bars. He is rated AV by Martindale-Hubbell.
Andrew was recently selected by Chambers USA as a "first-rate player within the field, renowned for the superb job he does on behalf of his clients."
- Antitrust & Trade Regulation
- Communications & Media Law
- Consumer Protection
- Contracts
- Entertainment, Sports & Leisure Law
- Government Agencies & Programs
- Intellectual Property Law
- Internet -- Cyberspace
- Litigation & Appeals
- Science & Technology Law
- Trademarks
- 50% of Practice Devoted to Litigation
- 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 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 4th Circuit
- U.S. Court of Appeals 11th Circuit
- U.S. Court of Appeals Federal Circuit
- U.S. Supreme Court
- American University, Washington College of Law, Washington, District of Columbia,
1991
J.D. Honors: Magna Cum Laude
- University of Michigan, Ann Arbor, Michigan
B.A. Major: Political Science
- "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
- "Suit Highlights Data Collection Issues", DM NEWS, June, 2002
- "New Upsell Rules Challenge Marketers", DM NEWS, April, 2003
- "Revised TSR Presents New Challenges", DM NEWS, February, 2003
- "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
- "Sweeps Limits Continue to Mount", DM NEWS, August, 2001
- "States Take Aim At Sweepstakes Promotions", DM NEWS, June, 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
- "Fallout From PCH Sweeps Settlement", DM NEWS, October, 2000
- "'Mirror Image Doctrine' Questioned", DM NEWS, August, 2000
- "FTC Tries To Clarify Internet Rules", DM NEWS, June, 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
- "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, "Behavorial 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, 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, 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, New York, NY,
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
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