Joseph J. Lewczak of Davis+Gilbert LLP

Photo of Joseph J. Lewczak of Davis+Gilbert LLP

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.

Subscribe to all posts by Joseph J. Lewczak of Davis+Gilbert LLP

What To Consider When Launching a Cause Marketing Campaign

The war in Ukraine has led to Europe’s worst refugee crisis since World War II; more than 3 1/2 million civilians have already been displaced, and some observers expect the number to reach five million as the war continues to unfold. There has been an outpouring of concerned citizens the world over who are hoping … Continue Reading

FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”

The FTC has issued a new Enforcement Policy Statement Regarding Negative Option Marketing (Policy Statement), generally warning companies about their compliance obligations relating to negative option programs and against using website design features to deceive consumers into signing up for subscription services (i.e. by using “dark patterns”). The Policy Statement was released in light of … Continue Reading

Supreme Court Narrows Definition of Autodialer in Facebook Ruling

The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the uncertainty that had led to a long-standing split in the circuit courts. Autodialer Definition and Interpretations A circuit split regarding … Continue Reading

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