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Joseph J. Lewczak is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports 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 recognized as a leading lawyer for advertising law by Chambers USA: America’s Leading Lawyers for Business for eight consecutive years (2008-2015).  The Legal 500 U.S. directory has also recognized him for seven consecutive years (2009-2015) 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 (2011-2016). He was also selected as a Super Lawyer by New York Metro Super Lawyers in 2013 and 2014.

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

"Sweepstakes and Contests," New York City Bar Association Hot Topics in Advertising Law Program, October 30, 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

"Advertising, Interactive Marketing and Data Mining," Practising Law Institute's Think Like a Lawyer, Talk Like a Geek 2014: Get Fluent in Technology, November 17, 2014

"Hot Topics on Social Media," New York State Bar Association Intellectual Property Law Section Fall Meeting, October 23-26, 2014

"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

PUBLICATIONS

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

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

PRESS

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

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


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

SPEAKING ENGAGEMENTS

"Sweepstakes and Contests," New York City Bar Association Hot Topics in Advertising Law Program, October 30, 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

"Advertising, Interactive Marketing and Data Mining," Practising Law Institute's Think Like a Lawyer, Talk Like a Geek 2014: Get Fluent in Technology, November 17, 2014

"Hot Topics on Social Media," New York State Bar Association Intellectual Property Law Section Fall Meeting, October 23-26, 2014

"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

PUBLICATIONS

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

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

PRESS

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

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


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