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Joseph Lewczak is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports and Intellectual Property Practice Groups of Davis & Gilbert, and one of the country’s leading experts in advertising, marketing and promotions laws. He has extensive experience in representing a wide range of advertising and promotions agencies, advertisers and media companies on a broad array of issues relating to advertising, promotions, social media, native advertising and intellectual property. He is the founder and lead guitarist for the firm’s rock band, Generator Honey, two-time winner of the Advertising Week Battle of the Ad Bands.

Mr. Lewczak has been recognized as a leading lawyer for advertising law by Chambers USA: America's Leading Lawyers for Business for 10 consecutive years (2008-2017) and as a "Noted Practitioner" in retail law (2016-2017). The Legal 500 United States directory has also recognized him for nine consecutive years (2009-2017) in the area of advertising and marketing and named him a "Leading Lawyer" (2017). In addition, Mr. Lewczak has been recognized by The Best Lawyers in America in advertising law (2011-2018) and was named the 2017 Media Law "Lawyer of the Year" in New York City. He was also selected as a Super Lawyer by New York Metro Super Lawyers (2013-2017).

Mr. Lewczak takes a practical approach to advising his clients, always ensuring that deals are completed as quickly and efficiently as possible while limiting accompanying risk exposure. His extremely broad knowledge base and his expertise are invaluable in helping clients navigate the converging landscape of traditional, digital, social and mobile media. His considerable experience includes advising on all aspects of legal compliance on advertising and promotions issues, and he frequently helps his clients create successful and legally compliant complex games of chance and skill. He is an expert in drafting and negotiating a wide array of agreements including talent agreements, all manner of licensing agreements, and media buying and traditional agency services agreements.

Mr. Lewczak is a frequent public speaker on advertising, marketing, promotions and social media issues, and he has written extensively on these topics.

Mr. Lewczak served as an adjunct professor at New York Law School, where he taught advertising, marketing and promotions law. Prior to joining Davis & Gilbert, he was the director of legal affairs at EMI-Capitol Music Group North America and a corporate attorney at Willkie Farr & Gallagher LLP.

SPEAKING ENGAGEMENTS

"Negotiating Overscale Talent Agreements in the Advertising Industry," Beverly Hills Bar Association, June 20, 2018

"The California Conundrum," NAD & CARU: West Coast Conferences 2018, May 1-2, 2018

"Brands In Crisis: Effectively Managing Legal and Reputation Risk when Something Goes Wrong," ANA Advertising Law & Public Policy Conference, March 15-16, 2018

"Conducting a Global Sweepstakes or Contest," Global Advertising Lawyers Alliance Program: Advertising Law in the United States & Around the Globe, March 14, 2018

"Global Advertising Law Year in Review," Global Advertising Lawyers Alliance Webinar, December 7, 2017

"Latest Hot Button Issues in Real Time Marketing & Social Media," 39th Annual Brand Activation Association Marketing Law Conference, November 13-15, 2017

"Social Media Maladies: How to Minimize Retailer Risk," Retail Industry Leaders Association’s Retail Law Conference 2017, October 10-12, 2017

"Ad or Fad? Social Media, Influencers, the Federal Trade Commission and the Lanham Act," New York City Bar Fashion Law Committee, May 9, 2017

"Social Media in the United States," Global Advertising Lawyers Alliance Program: Social Media Advertising in the United States and Around the Globe, March 30, 2017

"The Social Media War Room," ANA Advertising Law & Public Policy Conference, March 27-29, 2017

"Ad or Fad? Social Media, Influencers, the Federal Trade Commission and the Lanham Act," New York State Bar Association's Annual Intellectual Property Law Section Meeting, January 24, 2017

"Advertising in the Interconnected World of Media, Mobile and the Internet," Practising Law Institute’s Think Like a Lawyer, Talk Like a Geek 2016: Get Fluent in Technology, November 18, 2016

"Hot Button Issues in Real-Time Marketing & Social Media" 38th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2016

"Twitter Me This," Association of National Advertisers (ANA) Advertising Law & Public Policy Conference, April 6-7, 2016

"Brand Activation Law: Walking the Line: Between Innovation and Regulation," 37th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2015

"Is There Consumer Privacy in the Electronic Marketplace?" Practising Law Institute’s Think Like a Lawyer, Talk Like a Geek 2015: Get Fluent in Technology, November 6, 2015

"Cyber Security: Mitigating Social Media Risk in the Digital Age," Davis & Gilbert/AON Seminar, June 3, 2015

"Sweepstakes & Promotions," Global Advertising Lawyer's Alliance: United States & Canada Program, April 20, 2015 (Toronto)

"Social Media 2.0 - Where Are We Now?" 2015 ANA Advertising Law & Public Policy Conference, March 31 - April 1, 2015

PUBLICATIONS

Co-Author, "'Dialing It Back?' Federal Courts Weigh in on 'Autodialers' After Appeals Court Strikes Down FCC Interpretation of TCPA," D&G Litigation Alert, June 2018

Co-Author, "A Watershed Year For Recreational Marijuana Industry’s Growth," 5th Edition: Trends in Marketing Communications Law

Co-Author, "Federal Appeals Court Strikes Down Key Parts of the FCC’s TCPA Order," D&G Advertising, Marketing & Promotions Alert, May 2018

Co-Author, "FCC Proposes $13.3M Fine Against Sinclair Broadcast Group for Apparently Violating Sponsorship Identification Rules," D&G Advertising, Marketing & Promotions Alert, January 2018

Co-Author, "FTC Settles with Mobile App Developer Over Unauthorized Charges," D&G Advertising, Marketing & Promotions Alert, October 2017

Co-Author, "4 Major Legal Issues Facing Online and Traditional Retailers," MarketingDIVE, October 5, 2017

Author, "Local Challenges to Automatic Renewal Programs Continue in California: Now, the Beachbody Case," D&G Advertising, Marketing & Promotions Alert, September 2017

Co-Author, "First Circuit Requires Identifiable Injury for Claims Asserting Deceptive Retailer "Compare At" Prices," D&G Advertising, Marketing & Promotions Alert, September 2017

Author, "Radio Station Behind 'Hold Your Wee for a Wii' Promotion Shuts Down," Chief Marketer, April 19, 2017

Co-Author, "Suit Challenges Jos. A. Bank Clothiers' "Up to" Percent Off Advertising," D&G Advertising, Marketing & Promotions Alert, April 2017

Co-Author, "Retail Practices Are In Vogue For Regulators, and Class Action Lawyers," 2017 Trends in Marketing Communications Law

Co-Author, "Legal Marijuana's Uncertain Path Forward," 2017 Trends in Marketing Communications Law

Co-Author, "NAD Decision on Challenge to Wegmans' In-Store Point of Sale Displays Offers Guidance on Grocery Store Price Advertising," D&G Advertising, Marketing & Promotions Alert, April 2017

Author, "LA City Attorney's Actions Against False Reference Pricing Target Online Sales," Bloomberg Law, March 1, 2017

Author, "Beware the Legal Traps Hiding in Freemium Games," Chief Marketer, February 27, 2017

Author, "What L.A.'s Pricing Suit Against Major Retailers Means," AdAge, February 9, 2017

Co-Author, "California Alleges Four of the Largest U.S. Retailers Engage in 'False Reference Pricing'," D&G Advertising, Marketing & Promotions Alert, January 2017

Co-Author, "Legal Marijuana: What You Need to Know to Legally Advertise to This Budding Economy," D&G Advertising, Marketing & Promotions Alert, January 2017

Co-Author, "Legally Speaking: How to Stay Out of Real-Time Marketing Hot Water," cmo.com, May 11, 2016

Author, "Alleging Misleading "Made in USA" Claims, FTC Sues Glue Manufacturer," D&G Advertising, Marketing & Promotions Alert, February 2016

Co-Author, "NYC Marathon Organizer Sued Over Alleged Illegal Lottery," D&G Advertising, Marketing & Promotions Alert, January 2016

Co-Author, "Three Recent Developments in Native Advertising from the FTC, MMA & OBA," D&G Advertising, Marketing & Promotions Alert, January 2016

Co-Author, "Daily Fantasy Sports — The Specter of Gambling Threatens an Industry," D&G Entertainment, Media & Sports Alert, October 2015

Author, ""Made in U.S.A." Bill is Signed into Law in California," D&G Advertising, Marketing & Promotions Alert, October 2015

Author, "Thinking About Starting a Subscription-Based App or Business? Do it Right to Avoid Legal Risk," D&G Advertising, Marketing & Promotions Alert, October 2015

Author, "How to Make Sure Visual Storytelling Stays Within the Law," PRNews, July 20, 2015

Author, "Consumer's California Lawsuit Challenges Department Stores' "Compare At" Pricing," D&G Advertising, Marketing & Promotions Alert, July 2015

Co-Author, "Upcoming FCC Rulings Will Create New Challenges for TCPA Compliance," D&G Advertising, Marketing & Promotions Alert, July 2015

Author, "Collection Practices of Customer Data By California Retailers Brought to CA Supreme Court," D&G Advertising, Marketing & Promotions Alert, June 2015

Co-Author, "Mobile Technology Under the FTC Spotlight," Law360.com, May 8, 2015

Author, "U.S. Court of Appeals for the Ninth Circuit Confirms that Netflix Is Not Subject to the ADA," D&G Advertising, Marketing & Promotions Alert, April 2015

Author, "Goodbye to Like-Gating, Hello to More Regulatory Action and Gambling Legislation," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Navigating a Changing Social Media Landscape," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Author, "Mobile Technology Under the FTC Spotlight," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

PRESS

Mentioned, American Sweepstakes, "Influencer Marketing Was Major Trend Noted at the 39th ANA/BAA Marketing Law Conference," December 7, 2017

Quoted, Bloomberg BNA, "Regulatory Spotlight Shines on Facebook, Twitter Political Ads," December 28, 2017

Quoted, Martechtoday, "What the FTC’s Latest Endorsement Disclosure Actions Mean for Marketers," September 14, 2017

Quoted, ANA Magazine, "Play It Safe with Promotions: How to Navigate an Increasingly Complex Regulatory Environment," March 30, 2017

Quoted, TheDrum.com, "Trends to Watch in 2015: Amazon Media, InMobi, Carrot Creative, and Other NY Ad Club Members Discuss," March 5, 2015

Quoted, The Ad Club Insider's blog, "AD Club Leaders: Most Important Mobile Trends to Watch in 2015," March 5, 2015

Quoted, Bloomberg BNA’s Electronic Commerce and Law Report, "Brands Tackle Social Media Compliance Issues to Reach Huge Super Bowl Audience," by Alexis Kramer, February 2, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

Brand Activation Association, Legal Affairs Committee
Beverly Hills Bar Association

 

BAR ADMISSIONS

California
New York

EDUCATION

New York University School of Law, J.D.
Rutgers College, Rutgers, State University of New Jersey, B.S., with honors


    
Top Ranked-Chambers USA    The Legal 500 - The Clients Guide to Law Firms

SPEAKING ENGAGEMENTS

"Negotiating Overscale Talent Agreements in the Advertising Industry," Beverly Hills Bar Association, June 20, 2018

"The California Conundrum," NAD & CARU: West Coast Conferences 2018, May 1-2, 2018

"Brands In Crisis: Effectively Managing Legal and Reputation Risk when Something Goes Wrong," ANA Advertising Law & Public Policy Conference, March 15-16, 2018

"Conducting a Global Sweepstakes or Contest," Global Advertising Lawyers Alliance Program: Advertising Law in the United States & Around the Globe, March 14, 2018

"Global Advertising Law Year in Review," Global Advertising Lawyers Alliance Webinar, December 7, 2017

"Latest Hot Button Issues in Real Time Marketing & Social Media," 39th Annual Brand Activation Association Marketing Law Conference, November 13-15, 2017

"Social Media Maladies: How to Minimize Retailer Risk," Retail Industry Leaders Association’s Retail Law Conference 2017, October 10-12, 2017

"Ad or Fad? Social Media, Influencers, the Federal Trade Commission and the Lanham Act," New York City Bar Fashion Law Committee, May 9, 2017

"Social Media in the United States," Global Advertising Lawyers Alliance Program: Social Media Advertising in the United States and Around the Globe, March 30, 2017

"The Social Media War Room," ANA Advertising Law & Public Policy Conference, March 27-29, 2017

"Ad or Fad? Social Media, Influencers, the Federal Trade Commission and the Lanham Act," New York State Bar Association's Annual Intellectual Property Law Section Meeting, January 24, 2017

"Advertising in the Interconnected World of Media, Mobile and the Internet," Practising Law Institute’s Think Like a Lawyer, Talk Like a Geek 2016: Get Fluent in Technology, November 18, 2016

"Hot Button Issues in Real-Time Marketing & Social Media" 38th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2016

"Twitter Me This," Association of National Advertisers (ANA) Advertising Law & Public Policy Conference, April 6-7, 2016

"Brand Activation Law: Walking the Line: Between Innovation and Regulation," 37th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2015

"Is There Consumer Privacy in the Electronic Marketplace?" Practising Law Institute’s Think Like a Lawyer, Talk Like a Geek 2015: Get Fluent in Technology, November 6, 2015

"Cyber Security: Mitigating Social Media Risk in the Digital Age," Davis & Gilbert/AON Seminar, June 3, 2015

"Sweepstakes & Promotions," Global Advertising Lawyer's Alliance: United States & Canada Program, April 20, 2015 (Toronto)

"Social Media 2.0 - Where Are We Now?" 2015 ANA Advertising Law & Public Policy Conference, March 31 - April 1, 2015

PUBLICATIONS

Co-Author, "'Dialing It Back?' Federal Courts Weigh in on 'Autodialers' After Appeals Court Strikes Down FCC Interpretation of TCPA," D&G Litigation Alert, June 2018

Co-Author, "A Watershed Year For Recreational Marijuana Industry’s Growth," 5th Edition: Trends in Marketing Communications Law

Co-Author, "Federal Appeals Court Strikes Down Key Parts of the FCC’s TCPA Order," D&G Advertising, Marketing & Promotions Alert, May 2018

Co-Author, "FCC Proposes $13.3M Fine Against Sinclair Broadcast Group for Apparently Violating Sponsorship Identification Rules," D&G Advertising, Marketing & Promotions Alert, January 2018

Co-Author, "FTC Settles with Mobile App Developer Over Unauthorized Charges," D&G Advertising, Marketing & Promotions Alert, October 2017

Co-Author, "4 Major Legal Issues Facing Online and Traditional Retailers," MarketingDIVE, October 5, 2017

Author, "Local Challenges to Automatic Renewal Programs Continue in California: Now, the Beachbody Case," D&G Advertising, Marketing & Promotions Alert, September 2017

Co-Author, "First Circuit Requires Identifiable Injury for Claims Asserting Deceptive Retailer "Compare At" Prices," D&G Advertising, Marketing & Promotions Alert, September 2017

Author, "Radio Station Behind 'Hold Your Wee for a Wii' Promotion Shuts Down," Chief Marketer, April 19, 2017

Co-Author, "Suit Challenges Jos. A. Bank Clothiers' "Up to" Percent Off Advertising," D&G Advertising, Marketing & Promotions Alert, April 2017

Co-Author, "Retail Practices Are In Vogue For Regulators, and Class Action Lawyers," 2017 Trends in Marketing Communications Law

Co-Author, "Legal Marijuana's Uncertain Path Forward," 2017 Trends in Marketing Communications Law

Co-Author, "NAD Decision on Challenge to Wegmans' In-Store Point of Sale Displays Offers Guidance on Grocery Store Price Advertising," D&G Advertising, Marketing & Promotions Alert, April 2017

Author, "LA City Attorney's Actions Against False Reference Pricing Target Online Sales," Bloomberg Law, March 1, 2017

Author, "Beware the Legal Traps Hiding in Freemium Games," Chief Marketer, February 27, 2017

Author, "What L.A.'s Pricing Suit Against Major Retailers Means," AdAge, February 9, 2017

Co-Author, "California Alleges Four of the Largest U.S. Retailers Engage in 'False Reference Pricing'," D&G Advertising, Marketing & Promotions Alert, January 2017

Co-Author, "Legal Marijuana: What You Need to Know to Legally Advertise to This Budding Economy," D&G Advertising, Marketing & Promotions Alert, January 2017

Co-Author, "Legally Speaking: How to Stay Out of Real-Time Marketing Hot Water," cmo.com, May 11, 2016

Author, "Alleging Misleading "Made in USA" Claims, FTC Sues Glue Manufacturer," D&G Advertising, Marketing & Promotions Alert, February 2016

Co-Author, "NYC Marathon Organizer Sued Over Alleged Illegal Lottery," D&G Advertising, Marketing & Promotions Alert, January 2016

Co-Author, "Three Recent Developments in Native Advertising from the FTC, MMA & OBA," D&G Advertising, Marketing & Promotions Alert, January 2016

Co-Author, "Daily Fantasy Sports — The Specter of Gambling Threatens an Industry," D&G Entertainment, Media & Sports Alert, October 2015

Author, ""Made in U.S.A." Bill is Signed into Law in California," D&G Advertising, Marketing & Promotions Alert, October 2015

Author, "Thinking About Starting a Subscription-Based App or Business? Do it Right to Avoid Legal Risk," D&G Advertising, Marketing & Promotions Alert, October 2015

Author, "How to Make Sure Visual Storytelling Stays Within the Law," PRNews, July 20, 2015

Author, "Consumer's California Lawsuit Challenges Department Stores' "Compare At" Pricing," D&G Advertising, Marketing & Promotions Alert, July 2015

Co-Author, "Upcoming FCC Rulings Will Create New Challenges for TCPA Compliance," D&G Advertising, Marketing & Promotions Alert, July 2015

Author, "Collection Practices of Customer Data By California Retailers Brought to CA Supreme Court," D&G Advertising, Marketing & Promotions Alert, June 2015

Co-Author, "Mobile Technology Under the FTC Spotlight," Law360.com, May 8, 2015

Author, "U.S. Court of Appeals for the Ninth Circuit Confirms that Netflix Is Not Subject to the ADA," D&G Advertising, Marketing & Promotions Alert, April 2015

Author, "Goodbye to Like-Gating, Hello to More Regulatory Action and Gambling Legislation," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Navigating a Changing Social Media Landscape," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Author, "Mobile Technology Under the FTC Spotlight," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

PRESS

Mentioned, American Sweepstakes, "Influencer Marketing Was Major Trend Noted at the 39th ANA/BAA Marketing Law Conference," December 7, 2017

Quoted, Bloomberg BNA, "Regulatory Spotlight Shines on Facebook, Twitter Political Ads," December 28, 2017

Quoted, Martechtoday, "What the FTC’s Latest Endorsement Disclosure Actions Mean for Marketers," September 14, 2017

Quoted, ANA Magazine, "Play It Safe with Promotions: How to Navigate an Increasingly Complex Regulatory Environment," March 30, 2017

Quoted, TheDrum.com, "Trends to Watch in 2015: Amazon Media, InMobi, Carrot Creative, and Other NY Ad Club Members Discuss," March 5, 2015

Quoted, The Ad Club Insider's blog, "AD Club Leaders: Most Important Mobile Trends to Watch in 2015," March 5, 2015

Quoted, Bloomberg BNA’s Electronic Commerce and Law Report, "Brands Tackle Social Media Compliance Issues to Reach Huge Super Bowl Audience," by Alexis Kramer, February 2, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

Brand Activation Association, Legal Affairs Committee
Beverly Hills Bar Association

 

BAR ADMISSIONS

California
New York

EDUCATION

New York University School of Law, J.D.
Rutgers College, Rutgers, State University of New Jersey, B.S., with honors


    
Top Ranked-Chambers USA    The Legal 500 - The Clients Guide to Law Firms