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 13 consecutive years (2008-2020) and as a "Notable Practitioner" in retail law (2016-2020). The Legal 500 United States has also recognized him for 12 consecutive years (2009-2020) in the area of advertising and marketing and named him a "Leading Lawyer" (2017-2020). The Best Lawyers in America named Mr. Lewczak the 2020 “Lawyer of the Year” for media law in New York City and has recognized him for advertising law and media law for 11 consecutive years (2011-2021). Best Lawyers has previously recognized him as the 2019 "Lawyer of the Year" for advertising law and the 2017 "Lawyer of the Year" for media law in New York City. He was also selected as a Super Lawyer by New York Metro Super Lawyers (2013-2020).
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
"Hot Topics in Advertising Law in North America," Global Advertising Lawyers Alliance webinar, February 24, 2021
"Real Time Marketing," 42nd Annual Brand Activation Association Marketing Law Conference, November 10-12, 2020
"Advertisers’ Global Response to the Environmental Crisis — How Does the Legal and Regulatory Framework Around the World Impact Green Marketing?" Practising Law Institute, July 17, 2020
"From Retail to E-Tail: Key Legal Issues for Retailers in a Digital World," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, June 10, 2020
"Negotiating Product Integration and Brand Licensing Deals for Movies," Beverly Hills Bar Association, November 2019
"Hot Topics in Privacy and Data," ThinkLA, November 13, 2019
"Real-Time Marketing: New & Forthcoming," 41st Annual Brand Activation Association Marketing Law Conference, November 4-6, 2019
"Lawyers on the Clock, Round VIII," AICP Business Affairs Boot Camp, June 6, 2019
"Who Can You Trust When Working with Others? Affiliate and Influencer Marketing," ANA Advertising Law & Public Policy Conference, March 19-20, 2019
"The Latest Hot Button Issues in Real-Time Marketing & Social Media & Now a Peek Around the Corner," 40th Annual Brand Activation Association Marketing Law Conference, November 7-9, 2018
"Legal Implications of Using Social Media for Advertising in the Entertainment Industry," Beverly Hills Bar Association, August 15, 2018
"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
PUBLICATIONS
Co-Author, "Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law," D&G Advertising, Marketing & Promotions Alert, February 2021
Co-Author, “Mixed Reality: Navigating Influencer and Native Advertising in a Virtual World,” Trends in Marketing Communications Law (7th Edition), 2020
Co-Author, “E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing,” Trends in Marketing Communications Law (7th Edition), 2020
Co-Author, “Alcoholic Beverages: Engaging With Consumers From a Distance,” Trends in Marketing Communications Law (7th Edition), 2020
Co-Author, "'Grand Finale?' — Supreme Court to Address the Definition of 'Automatic Dialer' Under the TCPA," D&G Advertising, Marketing & Promotions Alert, September 2020
Co-Author, "FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices," D&G Advertising, Marketing & Promotions Alert, August 2020
Co-Author, "Key Considerations for Retailers in the Face of COVID-19," D&G Advertising, Marketing & Promotions Alert, April 2020
Co-Author, “As More States Legalize Marijuana, Advertising and Marketing Regulations Come Into Focus,” Ad Club Insider, August 8, 2019
Co-Author, "Telemarketing Lawsuits Fueled by Regulatory Uncertainty," Trends in Marketing Communications Law (6th Edition), 2019
Co-Author, "The TTB Ramps Up Enforcement Over Trade Practices," Trends in Marketing Communications Law (6th Edition), 2019
Co-Author, "Patent and Trademark Office Clarifies Rules for Cannabis Trademarks," D&G Intellectual Property Alert, June 2019
Author, "FTC Plans Workshop on ‘Loot Boxes,’" D&G Advertising, Marketing & Promotions Alert, April 2019
Author, "FTC Brings First Action Against Company for Posting Fake Reviews," D&G Advertising, Marketing & Promotions Alert, March 2019
Co-Author, "As More States Legalize Marijuana, Advertising and Marketing Regulations Come Into Focus," D&G Advertising, Marketing & Promotions Alert, February 2019
Co-Author, "Mastercard Announces New Free Trial Rules for Merchants," D&G Advertising, Marketing & Promotions Alert, February 2019
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," Trends in Marketing Communications Law (5th Edition), 2018
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," Trends in Marketing Communications Law (4th Edition), 2017
Co-Author, "Legal Marijuana's Uncertain Path Forward," Trends in Marketing Communications Law (4th Edition), 2017
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
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
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
SPEAKING ENGAGEMENTS
"Hot Topics in Advertising Law in North America," Global Advertising Lawyers Alliance webinar, February 24, 2021
"Real Time Marketing," 42nd Annual Brand Activation Association Marketing Law Conference, November 10-12, 2020
"Advertisers’ Global Response to the Environmental Crisis — How Does the Legal and Regulatory Framework Around the World Impact Green Marketing?" Practising Law Institute, July 17, 2020
"From Retail to E-Tail: Key Legal Issues for Retailers in a Digital World," Davis & Gilbert Counsel 2U®: Marketing & Advertising Seminar, June 10, 2020
"Negotiating Product Integration and Brand Licensing Deals for Movies," Beverly Hills Bar Association, November 2019
"Hot Topics in Privacy and Data," ThinkLA, November 13, 2019
"Real-Time Marketing: New & Forthcoming," 41st Annual Brand Activation Association Marketing Law Conference, November 4-6, 2019
"Lawyers on the Clock, Round VIII," AICP Business Affairs Boot Camp, June 6, 2019
"Who Can You Trust When Working with Others? Affiliate and Influencer Marketing," ANA Advertising Law & Public Policy Conference, March 19-20, 2019
"The Latest Hot Button Issues in Real-Time Marketing & Social Media & Now a Peek Around the Corner," 40th Annual Brand Activation Association Marketing Law Conference, November 7-9, 2018
"Legal Implications of Using Social Media for Advertising in the Entertainment Industry," Beverly Hills Bar Association, August 15, 2018
"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
PUBLICATIONS
Co-Author, "Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law," D&G Advertising, Marketing & Promotions Alert, February 2021
Co-Author, “Mixed Reality: Navigating Influencer and Native Advertising in a Virtual World,” Trends in Marketing Communications Law (7th Edition), 2020
Co-Author, “E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing,” Trends in Marketing Communications Law (7th Edition), 2020
Co-Author, “Alcoholic Beverages: Engaging With Consumers From a Distance,” Trends in Marketing Communications Law (7th Edition), 2020
Co-Author, "'Grand Finale?' — Supreme Court to Address the Definition of 'Automatic Dialer' Under the TCPA," D&G Advertising, Marketing & Promotions Alert, September 2020
Co-Author, "FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices," D&G Advertising, Marketing & Promotions Alert, August 2020
Co-Author, "Key Considerations for Retailers in the Face of COVID-19," D&G Advertising, Marketing & Promotions Alert, April 2020
Co-Author, “As More States Legalize Marijuana, Advertising and Marketing Regulations Come Into Focus,” Ad Club Insider, August 8, 2019
Co-Author, "Telemarketing Lawsuits Fueled by Regulatory Uncertainty," Trends in Marketing Communications Law (6th Edition), 2019
Co-Author, "The TTB Ramps Up Enforcement Over Trade Practices," Trends in Marketing Communications Law (6th Edition), 2019
Co-Author, "Patent and Trademark Office Clarifies Rules for Cannabis Trademarks," D&G Intellectual Property Alert, June 2019
Author, "FTC Plans Workshop on ‘Loot Boxes,’" D&G Advertising, Marketing & Promotions Alert, April 2019
Author, "FTC Brings First Action Against Company for Posting Fake Reviews," D&G Advertising, Marketing & Promotions Alert, March 2019
Co-Author, "As More States Legalize Marijuana, Advertising and Marketing Regulations Come Into Focus," D&G Advertising, Marketing & Promotions Alert, February 2019
Co-Author, "Mastercard Announces New Free Trial Rules for Merchants," D&G Advertising, Marketing & Promotions Alert, February 2019
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," Trends in Marketing Communications Law (5th Edition), 2018
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," Trends in Marketing Communications Law (4th Edition), 2017
Co-Author, "Legal Marijuana's Uncertain Path Forward," Trends in Marketing Communications Law (4th Edition), 2017
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
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
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
