The 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. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.
Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman will participate in a panel discussion at ACI’s Legal and Regulatory Think Tank for Working with Influencers, which will be held virtually on July 16, 2025, at 2:00 P.M.
Litigation under the Telephone Consumer Protection Act (“TCPA”) is experiencing a notable shift, with an increasing number of class action lawsuits targeting businesses for sending marketing text messages outside of federally mandated "quiet hours." These quiet-hour restrictions—outlined in 47 C.F.R. §64.1200(c)(1)—prohibit marketing calls or texts before 8:00 a.m. and after 9:00 p.m. local time. Complicating things even further, several states have different time-of-day or day-of-week restrictions different from the federal TCPA.
Chair of the firm's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman will participate in a telephonic CLE seminar entitled “Removing and Litigating Negative, Online Reviews & Social Media Law” hosted by Rossdale CLE today from 12:00 P.M. - 1:30 P.M. (EST).
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Branding Department associate Morgan Spina published an article in New York Law Journal entitled “The FTC's Evolution During Trump’s Second Term.”
Olshan’s Advertising, Marketing & Promotions Group was named a leading Tier 1 law firm by Media Law International. MLI’s 2025 ranking guide, covering firms and practitioners with media law experience across 60 jurisdictions globally, recognized Olshan for its excellence. Employing a multidisciplinary approach, Olshan integrates Brand Management & Protection and Advertising lawyers to offer knowledgeable, solutions-focused advice. View the rankings and editorial in MLI’s 2025 guide.
Current standards for revocation of consent to remain in place
In Attorney at Law Magazine’s Legal Legacy Special Issue 2025, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman discussed the example set by his father, Sheldon S. Lustigman, who had his own advertising law boutique firm and eventually retired from Olshan.
As part of its routine monitoring program, the National Advertising Division of the Better Business Bureau (“NAD”) initiated an inquiry into the relationship between popular online clothing store Revolve Group, Inc. (“Revolve”), and certain influencers that tagged Revolve in their posts on social media, namely Georgia Hassarati and Alyssa Nicole Nelson. Specifically, NAD inquired regarding the influencers’ relationship to Revolve, and what measures were being undertaken by Revolve to ensure that the influencers it engages with comply with the Federal Trade Commission’s (“FTC”) Endorsement and Testimonial Guides (“Endorsement Guides”).