Joseph J. Lewczak is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Publishing 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 ranked by Chambers USA 2011: America's Leading Lawyers for Business, for his knowledge in advertising law and clients mentioned "his constant practical approach to our business problems." The Legal 500 U.S. 2011 directory has recognized him for the third consecutive year and is noted for "broad knowledge base." In addition, Mr. Lewczak has also been recognized as one of The Best Lawyers in America in advertising law (2011 and 2012).
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 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.
Speaking Engagements
"Avoid Hefty Legal Penalties: The Latest Cases and Enforcement Actions Involving Online Promotions in North America," The Canadian Institute: Managing Legal Risks In Running Online Contests And Sweepstakes, June 21-22, 2012
"Ambush Marketing - What Every Marketer Needs to Know," Promotion Marketing Association Webinar, March 18, 2012
"Social Media," New York City Bar Association: Sweepstakes, Promotions & Marketing Laws: Comprehension & Compliance, May 4, 2012
"Adding an App to Your Business Plan," Law Seminars International: Developing Applications for Mobile Devices, February 13-14, 2012
"All The World's A Stage - Ambush Marketing," 33rd Annual Promotion Marketing Association Conference, November 15-16, 2011
"Testimonial Claims in Social Media Platforms," 2011 Advertising Week 8, October 6, 2011
"Going Global to Increase Brand Awareness: Running a Compliant Worldwide Sweepstakes Campaign," American Conference Institute's 5th Annual Focus on Sweepstakes, Contests & Promotions Conference, September 26-27, 2011
"Protecting Your Intellectual Property During the New Business Process," Council of PR Firms Webinar, May 24, 2011
"Rolling Out a Multi-National Advertising & Promotion Campaign," New York Law School's Advertising & Media Law "Spring Rush": Are YOU In?, April 4, 2011
"User-Generated Content," New York City Bar Association: Understanding & Complying with Sweepstakes, Promotions & Marketing Laws, February 11, 2011
"Amending Company Practices to Meet the FTC's Proposed Green Marketing Guidelines," American Conference Institute's 24th National Advanced Forum on Advertising Law, January 24-25, 2011
"How Far Can/Should You Go With Your Promotion," 32nd Annual Promotion Marketing Association Conference, November 18-19, 2010
"The Center for Hospitality Research," Cornell University 2010 Marketing Roundtable, May 2-3, 2010
"User Generated Content," New York City Bar Association: Understanding & Complying with Sweepstakes, Promotion and Marketing Laws, April 30, 2010
"Blog, Buzz and WOM: How the FTC's New Endorsement and Testimonial Guidelines will Impact Your Marketing Campaigns," Promotional Marketing Association's Integrated Marketing Conference, March 23-24, 2010
Publications
Co-Author, "Groupon Settles "Expiration Date" Claims for $8.5 Million," D&G Advertising, Marketing & Promotions Alert, April 2012
Co-Author, "FCC Adopts 'Robocall' Rules Tracking FTC's Standard," D&G Advertising, Marketing & Promotions Alert, February 2012
Co-Author, "Circuit Court Upholds Challenges To New Jersey Gift Card Law," D&G Advertising, Marketing & Promotions Alert, January 2012
Co-Author, "Will Federal Food Ad 'Guidelines' Tread On Brand Trademarks?" Washington Legal Foundation - Legal Opinion Letter, October 21, 2011
Author, "Cause Marketing Targeted By New York Attorney General," D&G Advertising, Marketing & Promotions Alert, October 2011
Co-Author, "Post-Google Buzz: Has Google+ Gotten Privacy Right?," MediaPost, September 26, 2011
Co-Author, "Michaels Stores Settles "Continuous Sale" Charges With New York," D&G Advertising, Marketing & Promotions Alert, September 2011
Author, "Is This the End of Premium Text Messaging Games?" D&G Advertising, Marketing & Promotions Alert, September 2011
Co-Author, "Groupon Class Action Suits Challenge Online Coupon Business," D&G Advertising, Marketing & Promotions Alert, March 2011
Author, "Does FTC's Pursuit of More Food, Drink Marketing Info Signal Commercial Speech Command and Control?" The Legal Pulse, June 2, 2010
Co-Author, "FDA Moving Towards Mandating Food Label Changes?" The Legal Pulse, April 16, 2010
Co-Author, "'Enhanced' FCC Regulation of Product Placement Would Breach Free Speech Rights," Washington Legal Foundation - The Legal Backgrounder, April 9, 2010
Author, "Quiznos/Subway Settlement Poses Legal Threat to Future UGC Promos," Promo Magazine, March 23, 2010
Author, "UGC Refresher Course," Promo Magazine, December 2008
Press
Quoted, PromoMagazine.com, "Settlement in Suit Alleging NBC, Fox Text Games Were Illegal Lotteries," by Brian Quinton, September 13, 2011
Quoted, Smartmoney.com: Deals, "The Truth About a $3 iPad," by Kelli B. Grant, March 16, 2011
Quoted, MSNBC.com: The Red Tape Chronicles, "An iPad for $2.82, or Illegal Gambling?" by Bob Sullivan, February 18, 2011
Quoted, PromoMagazine.com, "Fed Up," by Brian Quinton, January 1, 2009
Professional Memberships/Affiliations
American Bar Association
New York City Bar Association
Word of Mouth Marketing Association
Promotion Marketing Association, Legal Affairs Committee