Areas of Focus
“Writing a song is similar to solving a legal problem. I’m always looking for the right combinations of melody, lyric and production to make a song work, just as I’m looking for the right combination of quick and practical legal advice to help a client succeed.”
Joseph Lewczak is one of the most experienced advertising, marketing and promotions lawyers in the country. He helps clients ranging from creative, media and public relations agencies to retailers and video game companies assess legal risk and make informed decisions when launching high-impact campaigns for innovative technologies, products and services.
Joseph’s clients need the right answers fast. Often acting as “legal quarterback” in major, multinational marketing and promotional campaigns, he coordinates between agency teams, in-house counsel and other stakeholders to ensure legal compliance across all aspects before launch, including a broad array of intellectual property, advertising, marketing and promotions issues. Whether he’s counseling the smallest agency start-up or the world’s largest communications industry holding company, clients appreciate his uncanny ability to cut through legalese and craft efficient, business-oriented solutions.
Taking a “never say can’t” approach, Joseph is there when his clients need a simple gut check for an idea or when they are developing complex plans for a product or service launch. He advises on strategies to increase brand impressions through a wide array of marketing and promotional tactics, including the use of endorsements and testimonials in social media and beyond, claim support and product demonstrations in more traditional advertising, and sweepstakes and contests and other promotional tools. Joseph bases his advice not only on his legal knowledge, but also on his keen awareness of enterprise risk tolerance.
Joseph has negotiated an endless number of complex talent, production, licensing, sponsorship and agency agreements, worth anywhere from thousands to hundreds of millions of dollars. His clear, practical advice helps clients overcome differences to find common ground.
Before joining Davis+Gilbert, Joseph served as in-house counsel for EMI Music, gaining in-house knowledge that helps him anticipate and address client needs early in the creative process. His experience as an adjunct professor of advertising law at New York Law School and UCLA has deepened his interest in and respect for the history and legal bedrock of advertising law, while further sharpening his ability to spot potential issues and advise on novel legal scenarios.
Joseph is a professional songwriter and guitarist in an indie pop duo with his wife. His intimate knowledge of the music and creative industries gives him an added edge in understanding the pressures his clients face.
Advised an Adweek Global Advertising Agency of the Year and its client, a leading technology company, on an ongoing basis with respect to all advertising, marketing, promotions and intellectual property laws relevant to their creative marketing materials in multiple jurisdictions throughout the world.
Drafted and negotiated a worldwide, multi-services agreement on behalf of one of the world’s largest advertising holding companies and its consumer packaged goods client. The agreement covered the full range of services, including creative, media buying, PR, social media and more, and involved complex negotiations involving privacy and data security, transparency and other relevant issues.
Advised an advertising agency for a leading automobile company on compliance with all advertising, marketing and promotions laws to ensure that claims were adequately supported and were otherwise in compliance with applicable consumer protection and intellectual property laws, including those unique to self-driving technology.
Negotiated and drafted complex agreements relating to the joint venture between a brand activation agency, a multinational media and digital marketing communications company and a music festival for one of the highest profile and highly anticipated music events in the world.
Insights + Events
- Buy Now: Avoiding the Pitfalls of Online Retailing Negative Option Marketing
January 10, 2022
- Publication Global Advertising Lawyers Alliance | Sweepstakes & Contests
December 8, 2021
- Alert FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”
November 10, 2021
- Event Association of National Advertisers/Brand Activation Association 43rd Annual Marketing Law Conference
November 15 - 17, 2021
- Alert Supreme Court Narrows Definition of Autodialer in Facebook Ruling
April 2, 2021
- Event Global Advertising Lawyers Alliance Webinar | Hot Topics in Advertising Law in North America
February 24, 2021
- Alert Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law
February 5, 2021
- Event Association of National Advertisers/Brand Activation Association 42nd Annual Marketing Law Conference
November 10, 2020
- Buy Now: Avoiding the Pitfalls of Online Retailing E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing
October 6, 2020
- Trends in Marketing Communications Law Alcoholic Beverages: Engaging with Consumers from a Distance
October 6, 2020
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- New York University School of Law (J.D.)
- Rutgers College (B.S., with honors)
- The Best Lawyers in America® 2011-2022, Advertising Law and Media Law
- The Best Lawyers in America® New York City “Lawyer of the Year” 2020, Media Law
- The Best Lawyers in America® New York City “Lawyer of the Year” 2019, Advertising Law
- The Best Lawyers in America® New York City “Lawyer of the Year” 2017, Media Law
- Chambers USA: America’s Leading Lawyers for Business® 2008-2021, Nationwide: Advertising: Transactional & Regulatory
- Chambers USA: America’s Leading Lawyers for Business® “Notable Practitioner” 2016-2021, Nationwide Retail Law
- The Legal 500 United States® “Leading Lawyer” 2017-2021, Advertising and Marketing: Transactional and Regulatory
- The Legal 500 United States® 2009-2021, Advertising and Marketing: Transactional and Regulatory
- New York Metro Super Lawyers® 2013-2021, Media & Advertising
- New York
Member, Brand Activation Association
― Member, Legal Affairs Committee
Member, Beverly Hills Bar Association
Member, Board of Directors, ThinkLA