SILVER Listing- The Lustigman Firm, P. C.

The Lustigman Firm’s solution-oriented practice is geared towards servicing the needs of the advertising, promotional marketing, and direct marketing industries with a commitment to providing personal, efficient and effective legal service. The Lustigman Firm prides itself on finding creative solutions to its clients’ legal challenges. While too many law firms are quick to say no to great advertising ideas, our motto is Let’s see how we can do this.

From its Madison Avenue office in New York City, The Lustigman Firm is an AV-rated boutique representing advertisers and marketers with respect to legal issues arising out of advertising campaigns, sweepstakes promotions and new media activities. We serve a wide range of advertising agencies, marketing firms, telecommunications marketers, and pharmaceutical and dietary supplement companies. A significant portion of the firm’s practice is dedicated to regulatory investigations and litigation.  This experience provides effective and superior advocacy as well as keen insight into the current state of advertising and marketing law.   

The direct marketing and advertising and promotional marketing clients of The Lustigman Firm want to be cutting edge, not followers. They’re looking for the competitive edge that will make their campaign or promotion stand out from their competitors. What they don’t want is a lawyer watering down an exciting and effective advertising message until it reads like a legal document. At The Lustigman Firm, our advertising attorneys pride themselves on finding creative solutions to legal challenges. Too many law firms are quick to say “no” to great advertising ideas. Not us. We’re much more interested in saying: “Let’s see how we can do this.” Let our innovative legal team help your creative team get the message across to your target consumers. Contact The Lustigman Firm, a full service advertising law firm with more than a few great ideas of its own. We’ve built a law practice focused on finding legal solutions to advertising challenges and compliance issues. Few firms in the United States can match the years of experience and depth of knowledge of the advertising and marketing law attorneys at The Lustigman Firm. Since its founding by Sheldon S. Lustigman, the firm has concentrated on advertising and marketing law, regulatory investigations, and business litigation in the advertising and marketing industry. The firm’s lawyers serve on numerous bar committees on marketing topics and are extensively involved in trade and professional associations. · Sheldon S. Lustigman · Andrew B. Lustigman · Scott A. Shaffer · Adam Z. Solomon · Jonathan Ira Ezor, special counsel · Bruce J. Grossman.

We invite you to learn more about our law firm and the valuable services we can provide to enhance your advertising and promotional marketing efforts and to address any compliance matters you may have, including helping protect your message while minimizing the risk of competitor challenges and regulatory investigations.

Regulatory Investigations and Litigation: The Lustigman Firm frequently represents clients in regulatory inquiries and defends its clients in litigation brought by federal, state and local regulatory bodies. We recognize that any investigation can be very difficult for a client. Therefore, we work hand-in-hand with the client to analyze and address any potential problems and then help implement a sensible pro-active strategy.  We have significant experience defending matters brought by the Federal Trade Commission, the United States Department of Justice, the United States Postal Service, the Food and Drug Administration, the Federal Communications Commission, state attorneys general (NAAG), district attorneys and state public utility commissions.

Telemarketing Law:  Telemarketing remains one of the most heavily regulated channels in the industry. In addition to challenging marketers, regulators are intent on targeting those who supply services to telemarketers. We assist clients in navigating the increasingly complex and shifting regulatory environment that surrounds telemarketing today. We regularly review both telemarketing presentations and business arrangements on behalf of marketers and suppliers. In addition, we assist in registration and bonding requirements for telemarketers.  We also represent marketers and suppliers facing do not call challenges by regulators and private plaintiffs.

Internet and Technology Law: We represent businesses in numerous matters relating to Web and software development. We also regularly counsel marketers regarding online advertising, e-mail marketing, prize promotions, e-commerce, privacy policies and protection, marketing to children, employee use of the Internet, the coordination of offline and online business ventures, affiliate programs, and other pay-for-performance marketing techniques. 

Privacy Issues: Marketing today entails complying with a host of privacy laws and the evolving right of publicity. We counsel clients on the use of individuals and celebrities in advertising and marketing campaigns and work to secure publicity rights.   Customer privacy and data collection concerns play a growing role in matters with which marketers and service providers must contend. We counsel clients on privacy compliance with respect to financial, medical, and other personal matters, both on- and off line.

Foods, Drugs, Cosmetics, and Dietary Supplements:  The most significant challenges that advertisers face with health, pharmaceutical, and dietary supplement  advertising is substantiation of health claims as well as competitor challenges.   We represent companies that produce food products, pharmaceuticals, dietary supplements and diet products in connection with regulatory investigations, competitor challenges, and litigation.  Our attorneys help clients strike the right balance in advertising and labeling, including providing legal counsel on relevant regulations regarding advertising and labeling of a pharmaceutical, food, or dietary supplement product, review of labeling and packaging to help ensure compliance with relevant laws, legal representation before the FDA, U.S. Customs Service, and U.S. Postal Service, and legal representation to resolve issues regarding product recalls or product seizures.

Competitor Challenges:  We frequently represent companies in consumer and business litigation involving false and deceptive advertising issues (Lanham Act), intellectual property, unfair competition, trade secrets, and corporate matters in federal district courts, administrative bodies, and state courts, as well as before arbitral bodies such as the American Arbitration Association and JAMS. The Lustigman Firm represents client companies with respect to challenges brought before the National Advertising Division of the Better Business Bureau (NAD) and the Electronic Retailing Self-Regulatory Program (ERSP).

Corporate Matters:  Our attorneys focus on the organization, structure, and financing, business litigation, and commercial transactions of our advertising and direct marketing clients.  This includes assisting clients in structuring their relationships, including list management and list brokering, marketing arrangements, joint ventures, confidentiality, employment and executive compensation agreements, shareholder and partnership agreements, mergers and acquisitions and secured and unsecured financings.

Contact Us: The Lustigman Firm provides its clients from around the world with sound legal counsel on compliance with state and federal laws relating to their marketing campaigns as well as with respect to compliance, litigation, and investigatory matters.   We are active members of the DMA and PMA and the International Network of Boutique Law Firms. Contact our office for legal support regarding your innovative marketing program.

Contact The Lustigman Firm when you need advertising attorneys that understand your business goals, as well as the law.

The Lustigman Firm, P.C. 149 Madison Avenue Suite 805 New York, NY 10016 (212) 683-9180 (phone) (212) 683-9181 (fax)

For more information about The Lustigman Firm, P.C. visit us at and our blog at

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