2011 Super Lawyers Pro Bono Award
Attorney Profile

Andrew B. Lustigman

Andrew Lustigman

Olshan Grundman Frome Rosenzweig & Wolosky LLP
Park Avenue Tower, 65 East 55th Street
New York, NY 10022-3402

New York

New York (NY)

Contact Contact Andrew B. Lustigman
T: 212-451-2258
F: 212-451-2222

Visit: www.olshanlaw.com
Practice Areas: First Amendment/Media/Advertising (90%), FDA (10%)

First Amendment/Media/Advertising

FDA

Profile

Andrew Lustigman represents marketers, advertisers, media and Internet companies in connection with the legal aspects of their advertising and promotional marketing business, including clearance of advertising and marketing materials, sweepstakes, games of skill, and other contests, and social media programs, and advises on direct marketing campaigns, intellectual property issues, and privacy matters.

An equally significant portion of his practice involves investigations and litigation brought by regulatory agencies regarding national advertising campaigns, as well as defending private consumer individual and class action lawsuits. He regularly handles inquiries and litigation brought by various federal and state regulators, including the Federal Trade Commission, the Food and Drug Administration, Federal Communications Commission, the United States Postal Service, state attorneys general and other regulatory agencies. He also handles consumer and business litigation involving false and deceptive advertising issues, intellectual property, and corporate matters in federal and state court, and frequently appears before the National Advertising Division of the BBB. Through this litigation practice, Mr. Lustigman advises clients on strategies to address emerging threats as well as creative and aggressive defense theories.

Mr. Lustigman appears in publications such as the National Law Journal, Mobile Marketer, Luxury Daily, DM News, and Response discussing important new cases and trends that advertisers and marketers need to know. He contributes to other publications, including the Promotion Marketing Association's Promotion Marketing Law treatise and American Bar Association publications and frequently speaks on subjects relating to advertising and promotional marketing law topics. Mr. Lustigman is the current Chair of the ABA Special Committee on Promotion and Marketing Law and actively serves on the law committee for the Promotion Marketing Association and the ABA Consumer Protection Committee, as well as the Consumer Affairs Committee for the Association of the Bar of the City of New York.

He is rated AV by Martindale-Hubbell.

Mr. Lustigman has been selected for three consecutive years as a Notable Practitioner in his practice area by Chambers USA who described him as "super fast and accurate" and "drawing impressive feedback for his skills as a transactional and regulatory lawyer in this area...." Chambers USA further described Mr. Lustigman as being considered a premier choice for sweepstakes and contests work. Clients are profuse in their praise of him, asserting: "He's terrific: very creative and an excellent writer. He has been integral to our success." Andrew has also been selected to Super Lawyers New York since 2008.

Prior to joining Olshan, Mr. Lustigman was the principal of The Lustigman Firm, P.C.

Selected To

New York Super Lawyers 2011 - Metro Edition
New York Super Lawyers 2010 - Metro
New York Super Lawyers 2009 - Metro
New York Super Lawyers 2008 - Metro

About Andrew Lustigman

Admitted: 1995, New York

Professional Webpage: www.olshanlaw.com/attorney_profiles/a_lustigman.php

Bar/Professional Activity:

  • Association of the Bar of the City of New York, Consumer Affairs Committee, Chair, American Bar Association Special Committee on Promotions and Consumer Protection Committees, Promotion Marketing Association, Legal and Government Affairs Committee, Past President, New York Chapter International Network of Boutique Law Firms., 2002

Scholarly Lectures and Writings:

  • The changing regulatory landscape continues to present challenges to marketersof dietary supplements. Federal, state and even local regulators continue to bringenforcement actions against supplement marketers, alleging that the companies' marketingpractices were deceptive or unfair. This article provides insight into the currentregulatory environment and discusses the law relevant to specific types of claims involving dietary supplement products, Co-author, Regulation of Dietary Supplement , Food and Drug Law Journal, 2007

Other Outstanding Achievements:

  • Notable Practitioner, Chambers and Partners USA, 2008
Map Location

Blog entries — Andrew B. Lustigman
DOJ Opinion on Interstate Wire Act May Open Internet to Legalized Online Gaming
 
Court Invalidates Trademark Registrations Where Applicant Did Not Have a Bona Fide Intent To Use the Trademark in Connection with All the Goods Listed in the Initial Application
 
Court in California Considers Ownership of Twitter Account by Former Employee
 
THE FTC AND THE CONSUMER FINANCIAL PROTECTION BUREAU ISSUE MOU
 
Federal Courts Now Permitted To Hear Any TCPA Case
 
FTC Business Opportunity Rule Poses New Challenges For Marketers

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