Joseph J. Lewczak of Davis & Gilbert LLP

Joseph J. Lewczak of Davis & Gilbert LLP

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 byChambers 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 (2013-2015).

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.

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Three Recent Developments in Native Advertising from the FTC, MMA & OBA

Most recently, the Federal Trade Commission (FTC) released an Enforcement Policy Statement on Deceptive Formatted Advertisements, and the FTC’s policy was supplemented by a Native Advertising Guide for Businesses (Native Advertising Guidelines) outlining why, when and how disclosures should be made when disseminating native advertising and sponsored content. In addition, the Mobile Marketing Association (MMA), … Continue Reading
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