JOSEPH J. LEWCZAK
Partner, Advertising, Marketing and Promotions; Entertainment, Media and Publishing; Intellectual Property

Joseph Lewczak is a partner in the Advertising, Marketing and Promotions group of Davis & Gilbert. Through 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 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. His 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.

He has spoken at national Promotion Marketing Association events and other seminars relating to the advertising industry, and is involved with the American Teleservices Association and the legal committees of both the Promotion Marketing Association and Direct Marketing Association.

Joseph was formerly Director of Legal Affairs at EMI-Capitol Music Group North America and a corporate associate at the law firm of Willkie Farr & Gallagher.

ARTICLES
Co-author, “Professional Lawyers. Do Not Attempt,” April 2008, Metropolitan Corporate Counsel
Co-author, “Second Circuit Provides Clearer Picture On False Advertising Doctrine,” February 2008, Metropolitan Corporate Counsel
Co-author, “Advertising, Marketing And Promotions Law Year In Review,” December 2007, Metropolitan Corporate Counsel
Co-author, “Second Circuit Provides Clearer Picture On Its False Advertising Doctrine,” November 16, 2007, Washington Legal Foundation
Co-author, “Keyword Advertising Users Search For Legal Antidote,” July 16, 2007, Washington Legal Foundation
Author, “Message To Mr. Trump: Tune In Here To Win Sweepstakes Lawsuit Against “Apprentice”,” April 2007, Metropolitan Corporate Counsel
Co-author, “Advertising, Marketing and Promotional Law Year In Review: Where Did Lightning Strike In 2006?,” December 2006, Metropolitan Corporate Counsel
Author,“Silent Tracking,” May/June 2006, Marketing Management
“Viral, Buzz and Stealth Marketing,” May/June 2006, American Marketing Association
Author, “Gift Cards Under Attack,” April 1, 2006, Promo Magazine
Author,“Right Side of the Law,” March 1, 2006, Promo Magazine
Author, “Safe Bet? Risks Outweigh Rewards In Trying With Online Gambling Sites” January 2006, Promo Magazine
Co-author, “Advertising, Marketing and Promotions: What Issues Carried Weight In 2005?,” December 2005, Metropolitan Corporate Counsel
Co-author, “The Checkoff Challenge,” September/October 2005, Marketing Management
Co-author, “FTC Seeking Comments On The Can-Span Act,” June 2005, New Media Digest
Co-author, “A Win-Win For The Promotion Marketing Industry: Trade Association And Outside Counsel Share Perspectives,” June 2005, Metropolitan Corporate Counsel
Co-author, “Avoiding Legal Pitfalls Of Text Messaging, Video Games, Dating, and Gambling and Wireless Services,” May 2005, Intellectual Property Journal
Author, “Complying With The Can-Spam Act: New FTC Regulations Provide Guidance On ‘Primary Purpose,’” May 2005, The Computer and Internet Lawyer


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

PROFESSIONAL ACTIVITIES AND AFFILIATIONS
Member, American Bar Association
Member, New York State Bar Association

CONTACT
212-468-4909
jlewczak@dglaw.com