Attorneys The Lustigman Firm, P.C. Attorneys New York New York

Andrew B. Lustigman, Esq.
The Lustigman Firm, P.C.
149 Madison Avenue
Suite 805
New York, NY 10016

Communication Center

Phone:

(212) 683-9180 (Ext. (16))

E-mail:

andy@lustigmanfirm.com

Fax:

(212) 683-9181

Web site:

http://www.lfirm.com
http://www.lustigmanfirm.com
http://www.sweepstakeslaw.com
http://www.boxinglaw.com

Position	Areas of Practice	Litigation Percentage
Bar Admissions	Education	Published Works
Affiliations

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.

Andrew appears in publications such as the National Law Journal, Mobile Marketer , 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. Andrew is the current Chair of the 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 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 past 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 selected for a second consecutive year 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...." Andrew has also been selected to "Super Lawyers" New York.

Current Employment Position(s):: Principal

Areas Of Practice:: 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

Litigation Percentage:: 50% of Practice Devoted to Litigation

Bar Admissions:: 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 District of Colorado; 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 2nd Circuit; 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

Education:: American University, Washington College of Law, Washington, District of Columbia, 1991; J.D.; Honors: magna cum laude; University of Michigan, Ann Arbor, Michigan, 1988; B.A.; Major: Political Science

Published Works:: "Verizon settlement with Florida AG Affects Mobile Content Marketing", Mobile Marketer, June, 2009; Contributor, 2008 American Bar Association, Annual Review of Antitrust Law Developments (Consumer Protection), 2009; "Learning From Sony Learning From Sony BMG's Million-Dollar Mistake", Behavioral Insider, January 3rd, 2009; "FTC settlement with Sony BMG affects mobile marketers targeting young", Mobile Marketer, December 29th, 2008; "Major record labels sue Myxer for alleged copyright infringement", December 24th, 2008; Prepared to comply with FTC's Red Flag Rules?, Mobile Marketer, November 24, 2008; More Green False Advertising Claims Will Be Brought, Lawyers Predict, National Law Journal, September, 19, 2008; New York affiliate tax complicates affiliate marketing programs, Mobile Marketer, August 18, 2008; "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

Classes/Seminars Taught:: "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; "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; "Hot Topics in Advertising Law: Direct Marketing", Association of the Bar of the City of New York, NY, 2008; "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, "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, 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

Professional Associations and Memberships:: American Bar Association; Chair, Special Committee on Promotion and Marketing Law; American Bar Association; Consumer Protection Committee; Association of the Bar of the City of New York; Consumer Affairs Committee; Promotion Marketing Association; Legal Affairs Committee; International Network of Boutique Law Firms, New York Chapter; Past President

Birth Information:: 1966