Home Home About Us Practice Areas Our Attorneys Press & Publications Events Diversity Pro-Bono Careers
FOLLOW US:

Joseph J. Lewczak is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Publishing and Intellectual Property Practice Groups of Davis & Gilbert.  He represents numerous multinational, national and local advertising agencies, promotions agencies, advertisers, direct marketers, and telemarketers in connection with all aspects of advertising, promotions, marketing, direct marketing and telemarketing.

Mr. Lewczak has been ranked as a leading lawyer for advertising law by Chambers USA: America’s Leading Lawyers for Business for seven consecutive years (2008-2014).  The Legal 500 U.S. directory has also recognized him for six consecutive years (2009-2014) in the area of advertising and marketing. In addition, Mr. Lewczak has been recognized as one of The Best Lawyers in America in advertising law (2011-2014). He was also selected as a Super Lawyer by New York Metro Super Lawyers in 2013.

Mr. Lewczak has considerable experience in all areas of advertising, direct marketing and promotions, and he is an expert in the areas of games of chance, complex skill contests, telemarketing, direct mail and charitable solicitations.  He regularly counsels clients on issues relating to all aspects of intellectual property, including copyright and rights of privacy and publicity.  Mr. Lewczak's practice extends from providing advice on the content of advertising copy and telemarketing scripts, to the review and drafting of rules for sweepstakes and skill contests, to the negotiation of complex agreements relating to the advertising, marketing and promotions industry.  He is frequently involved and extremely well versed in the drafting and negotiating of a wide variety of agreements including agency/client agreements, media buying agreements, talent contracts, music licenses, commercial production agreements, and software license agreements. Mr. Lewczak also has extensive experience relating to the advertising, marketing and promotion of alcoholic beverages, primarily representing marketing and promotions agencies in connection with their varied work with wine, distilled spirits and malt beverage makers.

Mr. Lewczak serves as an Adjunct Professor at New York Law School, where he teaches advertising, marketing and promotions law. Prior to joining Davis & Gilbert, Mr. Lewczak was the Director of Legal Affairs at EMI-Capitol Music Group North America and a corporate attorney at Willkie Farr & Gallagher LLP.

SPEAKING ENGAGEMENTS

"Big Data and Behavioral Advertising: Transactions Involving the Collection, Aggregation, Use and Licensing of Consumer Information," Law Seminars International: Licensing IP and Technology Conference, August 21-22, 2014

"Legal Issues in Ambush Marketing," Global Advertising Lawyers Alliance and Law Seminars International Teleconference: Legal Issues in Ambush Marketing, May 19, 2014

"Social Media Leaps to the Small(er) Screen," Practising Law Institute’s Information Technology Law Institute, April 10-11, and May 15-16, 2014

"Controlling Legal Risks In Publicity Materials In Social Media and Beyond," PRSA Counselors Academy 2014 Spring Conference, May 4-6, 2014

"Mobile Marketing," Cardozo Law School's Semi-Annual Fashion Law Symposium: The Latest in Brand Marketing and Legal Compliance, April 24, 2014

"Social on Mobile," 2014 ANA Advertising Law & Public Policy Conference, April 23-24, 2014

"Social Media - Policies and Regulations," Practising Law Institute's Information Technology Law Institute, April 10-11, 2014

"Running Sweepstakes, Contests and Other Promotions in a Mobile World," Law Seminars International: Mobile Sweepstakes and Contests Telebriefing, March 18, 2014

"Social Media Risks and How to Mitigate Them," New York In-House Counsel Program, January 15, 2014

"Quiz Show Finals: Competing Teams of Legal Experts Match Wits in an Exciting Competition of Legal Problem Solving!," 35th Annual Brand Activation Association Marketing Law Conference, November 18-20, 2013

"Controlling Legal Risks in Publicity Materials in Social Media and Beyond," Public Relations Society of America's 2013 International Conference, October 26-29, 2013

"Legal Risks in Social Media and How to Mitigate Them," AgCatalyst Conference, September 26-27, 2013

"Deal Making in the Mobile Digital Technology Space," Law Seminars International: Licensing IP and Technology Conference, August 15-16, 2013

"Social Media Risks and How to Mitigate Them," New York State Bar Association IP Section Program, June 25, 2013

"Privacy and Data Security Challenges in Targeted Advertising for Mobile Devices: Issues from Transmission of the Offer to Completion of the Payment Transaction," Law Seminars International: Merchant Strategies for Mobile Payments Conference, May 13-14, 2013

"Mobile Marketing," New York City Bar Association: Sweepstakes, Promotions and Marketing Laws, May 3, 2013

"Social Media Leaps to the Small(er) Screen," Practising Law Institute’s Information Technology Law Institute, April 11-12, and May 16-17, 2013

"The Survey Says!" Promotion Marketing Association Annual Integrated Marketing Conference, April 2-4, 2013

"A Concise and Practical Review of Significant U.S. Case Law and Trends," The Canadian Institute’s 19th Annual Advertising and Marketing Law Conference, January 23 – 24, 2013

"Complying with New FTC Guidelines for Marketing Mobile Apps," Law Seminars International Telebriefing, November 15, 2012

"How Not to Go Wrong with Your Marketing," 34th Annual Promotion Marketing Association Conference, November 12-14, 2012

"Lessons from the Cutting Edge: Dealmaking in the Mobile Digital Technology Space," Law Seminars International: The Seventh Annual Advanced Conference on Licensing Information Assets, August 23-24, 2012 

"Avoid Hefty Legal Penalties: The Latest Cases and Enforcement Actions Involving Online Promotions in North America," The Canadian Institute: Managing Legal Risks In Running Online Contests And Sweepstakes, June 21-22, 2012

"Ambush Marketing - What Every Marketer Needs to Know," Promotion Marketing Association Webinar, March 18, 2012

"Social Media," New York City Bar Association: Sweepstakes, Promotions & Marketing Laws: Comprehension & Compliance, May 4, 2012

PUBLICATIONS

Author, "Hobby Lobby Settles Allegations It Broke a Deceptive Advertising Commitment," D&G Advertising, Marketing & Promotions Alert, July 2014

Co-Author, "Mobile Marketing: Legal Issues That Arise For Retailers and Merchandising Companies," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "Contest Entrants’ Pins Raise FTC Endorsement Concerns," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "A Dozen Auto Dealers Settle FTC's Deceptive Advertising Charges," D&G Advertising, Marketing & Promotions Alert, April 2014

Author, "H&R Block's Website Accessibility Settlement Suggests How to Become ADA-Compliant," D&G Advertising, Marketing & Promotions Alert, March 2014

Co-Author, "Gambling With New Jersey's Casino Advertising Rules: A Bad Bet," D&G Advertising, Marketing & Promotions Alert, March 2014

Co-Author, "Colorado's Retail Marijuana Regulations Cover Advertising, Labeling, and Packaging," D&G Advertising, Marketing & Promotions Alert, March 2014

Author, "Members of Congress Seek FTC Investigation Into Marketing Practices of Outlet Stores," D&G Advertising, Marketing & Promotions Alert, February 2014

Co-Author, "Internet Sweepstakes Cafés Continue To Be Targeted, As States Loosen Gambling Restrictions," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Co-Author, "Avoiding Missteps On Social Media Platforms," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Author, "Members Of Congress Seek FTC Investigation Into Marketing Practices of Outlet Stores," D&G Advertising, Marketing & Promotions Alert, February 2014

Author, "FCC’s 'Prior Express Written Consent' Rules Take Center Stage," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014 

Author, "California Court Ruling Rejecting Overstock.com's ARP Program Presents Challenges for Online Retailers," D&G Advertising, Marketing & Promotions Alert, January 2014

Co-Author, ““Native” Advertising Grows — And So Does the FTC’s Interest,” D&G Advertising, Marketing & Promotions Alert, November 2013

Co-Author, “Reminder: Prior Express Written Consent Now Required for Certain Text Messages and Other Calls under New TCPA Rules,” D&G Advertising, Marketing & Promotions Alert, November 2013

Co-Author, "Facebook Makes It Easier to Administer Promotions on its Platform," D&G Advertising, Marketing & Promotions Alert, September 2013

Author, ""Fictitious Sales" Litigation Advances In California," D&G Advertising, Marketing & Promotions Alert, July 2013

Co-Author, "Entry Fees Now Permitted for Skill-Based Contests in Vermont," D&G Advertising, Marketing & Promotions Alert, June 2013

Co-Author, "Revised Florida Law Limits Promotions and Sweepstakes," D&G Advertising, Marketing & Promotions Alert, April 2013

Co-Author, "FTC Announces New Mobile Privacy Guidelines on Same Day Social Networking App Settles Privacy Charges," D&G Advertising, Marketing & Promotions Alert, February 2013

Author, "Court Rejects Federal Criminal Charges against Host of High-Stakes Poker Games," D&G Advertising, Marketing & Promotions Alert, September 2012

Author, "Government Challenges Internet Sweepstakes Cafés,"  D&G Advertising, Marketing & Promotions Alert, June 2012

Co-Author, "Groupon Settles "Expiration Date" Claims for $8.5 Million," D&G Advertising, Marketing & Promotions Alert, April 2012 

PRESS

Quoted, PromoMagazine.com, "Settlement in Suit Alleging NBC, Fox Text Games Were Illegal Lotteries," by Brian Quinton, September 13, 2011

Quoted, Smartmoney.com: Deals, "The Truth About a $3 iPad," by Kelli B. Grant, March 16, 2011

Quoted, MSNBC.com: The Red Tape Chronicles, "An iPad for $2.82, or Illegal Gambling?" by Bob Sullivan, February 18, 2011

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
New York City Bar Association
Word of Mouth Marketing Association
Promotion Marketing Association, Legal Affairs Committee

BAR ADMISSIONS

New York

EDUCATION

New York University School of Law, J.D., 1992
Rutgers College, Rutgers, State University of New Jersey, B.S., with honors, 1989


        The Legal 500 - The Clients Guide to Law Firms

SPEAKING ENGAGEMENTS

"Big Data and Behavioral Advertising: Transactions Involving the Collection, Aggregation, Use and Licensing of Consumer Information," Law Seminars International: Licensing IP and Technology Conference, August 21-22, 2014

"Legal Issues in Ambush Marketing," Global Advertising Lawyers Alliance and Law Seminars International Teleconference: Legal Issues in Ambush Marketing, May 19, 2014

"Social Media Leaps to the Small(er) Screen," Practising Law Institute’s Information Technology Law Institute, April 10-11, and May 15-16, 2014

"Controlling Legal Risks In Publicity Materials In Social Media and Beyond," PRSA Counselors Academy 2014 Spring Conference, May 4-6, 2014

"Mobile Marketing," Cardozo Law School's Semi-Annual Fashion Law Symposium: The Latest in Brand Marketing and Legal Compliance, April 24, 2014

"Social on Mobile," 2014 ANA Advertising Law & Public Policy Conference, April 23-24, 2014

"Social Media - Policies and Regulations," Practising Law Institute's Information Technology Law Institute, April 10-11, 2014

"Running Sweepstakes, Contests and Other Promotions in a Mobile World," Law Seminars International: Mobile Sweepstakes and Contests Telebriefing, March 18, 2014

"Social Media Risks and How to Mitigate Them," New York In-House Counsel Program, January 15, 2014

"Quiz Show Finals: Competing Teams of Legal Experts Match Wits in an Exciting Competition of Legal Problem Solving!," 35th Annual Brand Activation Association Marketing Law Conference, November 18-20, 2013

"Controlling Legal Risks in Publicity Materials in Social Media and Beyond," Public Relations Society of America's 2013 International Conference, October 26-29, 2013

"Legal Risks in Social Media and How to Mitigate Them," AgCatalyst Conference, September 26-27, 2013

"Deal Making in the Mobile Digital Technology Space," Law Seminars International: Licensing IP and Technology Conference, August 15-16, 2013

"Social Media Risks and How to Mitigate Them," New York State Bar Association IP Section Program, June 25, 2013

"Privacy and Data Security Challenges in Targeted Advertising for Mobile Devices: Issues from Transmission of the Offer to Completion of the Payment Transaction," Law Seminars International: Merchant Strategies for Mobile Payments Conference, May 13-14, 2013

"Mobile Marketing," New York City Bar Association: Sweepstakes, Promotions and Marketing Laws, May 3, 2013

"Social Media Leaps to the Small(er) Screen," Practising Law Institute’s Information Technology Law Institute, April 11-12, and May 16-17, 2013

"The Survey Says!" Promotion Marketing Association Annual Integrated Marketing Conference, April 2-4, 2013

"A Concise and Practical Review of Significant U.S. Case Law and Trends," The Canadian Institute’s 19th Annual Advertising and Marketing Law Conference, January 23 – 24, 2013

"Complying with New FTC Guidelines for Marketing Mobile Apps," Law Seminars International Telebriefing, November 15, 2012

"How Not to Go Wrong with Your Marketing," 34th Annual Promotion Marketing Association Conference, November 12-14, 2012

"Lessons from the Cutting Edge: Dealmaking in the Mobile Digital Technology Space," Law Seminars International: The Seventh Annual Advanced Conference on Licensing Information Assets, August 23-24, 2012 

"Avoid Hefty Legal Penalties: The Latest Cases and Enforcement Actions Involving Online Promotions in North America," The Canadian Institute: Managing Legal Risks In Running Online Contests And Sweepstakes, June 21-22, 2012

"Ambush Marketing - What Every Marketer Needs to Know," Promotion Marketing Association Webinar, March 18, 2012

"Social Media," New York City Bar Association: Sweepstakes, Promotions & Marketing Laws: Comprehension & Compliance, May 4, 2012

PUBLICATIONS

Author, "Hobby Lobby Settles Allegations It Broke a Deceptive Advertising Commitment," D&G Advertising, Marketing & Promotions Alert, July 2014

Co-Author, "Mobile Marketing: Legal Issues That Arise For Retailers and Merchandising Companies," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "Contest Entrants’ Pins Raise FTC Endorsement Concerns," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "A Dozen Auto Dealers Settle FTC's Deceptive Advertising Charges," D&G Advertising, Marketing & Promotions Alert, April 2014

Author, "H&R Block's Website Accessibility Settlement Suggests How to Become ADA-Compliant," D&G Advertising, Marketing & Promotions Alert, March 2014

Co-Author, "Gambling With New Jersey's Casino Advertising Rules: A Bad Bet," D&G Advertising, Marketing & Promotions Alert, March 2014

Co-Author, "Colorado's Retail Marijuana Regulations Cover Advertising, Labeling, and Packaging," D&G Advertising, Marketing & Promotions Alert, March 2014

Author, "Members of Congress Seek FTC Investigation Into Marketing Practices of Outlet Stores," D&G Advertising, Marketing & Promotions Alert, February 2014

Co-Author, "Internet Sweepstakes Cafés Continue To Be Targeted, As States Loosen Gambling Restrictions," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Co-Author, "Avoiding Missteps On Social Media Platforms," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Author, "Members Of Congress Seek FTC Investigation Into Marketing Practices of Outlet Stores," D&G Advertising, Marketing & Promotions Alert, February 2014

Author, "FCC’s 'Prior Express Written Consent' Rules Take Center Stage," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014 

Author, "California Court Ruling Rejecting Overstock.com's ARP Program Presents Challenges for Online Retailers," D&G Advertising, Marketing & Promotions Alert, January 2014

Co-Author, ““Native” Advertising Grows — And So Does the FTC’s Interest,” D&G Advertising, Marketing & Promotions Alert, November 2013

Co-Author, “Reminder: Prior Express Written Consent Now Required for Certain Text Messages and Other Calls under New TCPA Rules,” D&G Advertising, Marketing & Promotions Alert, November 2013

Co-Author, "Facebook Makes It Easier to Administer Promotions on its Platform," D&G Advertising, Marketing & Promotions Alert, September 2013

Author, ""Fictitious Sales" Litigation Advances In California," D&G Advertising, Marketing & Promotions Alert, July 2013

Co-Author, "Entry Fees Now Permitted for Skill-Based Contests in Vermont," D&G Advertising, Marketing & Promotions Alert, June 2013

Co-Author, "Revised Florida Law Limits Promotions and Sweepstakes," D&G Advertising, Marketing & Promotions Alert, April 2013

Co-Author, "FTC Announces New Mobile Privacy Guidelines on Same Day Social Networking App Settles Privacy Charges," D&G Advertising, Marketing & Promotions Alert, February 2013

Author, "Court Rejects Federal Criminal Charges against Host of High-Stakes Poker Games," D&G Advertising, Marketing & Promotions Alert, September 2012

Author, "Government Challenges Internet Sweepstakes Cafés,"  D&G Advertising, Marketing & Promotions Alert, June 2012

Co-Author, "Groupon Settles "Expiration Date" Claims for $8.5 Million," D&G Advertising, Marketing & Promotions Alert, April 2012 

PRESS

Quoted, PromoMagazine.com, "Settlement in Suit Alleging NBC, Fox Text Games Were Illegal Lotteries," by Brian Quinton, September 13, 2011

Quoted, Smartmoney.com: Deals, "The Truth About a $3 iPad," by Kelli B. Grant, March 16, 2011

Quoted, MSNBC.com: The Red Tape Chronicles, "An iPad for $2.82, or Illegal Gambling?" by Bob Sullivan, February 18, 2011

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
New York City Bar Association
Word of Mouth Marketing Association
Promotion Marketing Association, Legal Affairs Committee

BAR ADMISSIONS

New York

EDUCATION

New York University School of Law, J.D., 1992
Rutgers College, Rutgers, State University of New Jersey, B.S., with honors, 1989


        The Legal 500 - The Clients Guide to Law Firms