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Nancy J. Felsten

Nancy Felsten is a partner at Davis Wright Tremaine LLP in New York. She advises advertising agencies and corporate clients on advertising, marketing, and promotional matters. Her clients include a broad cross-section of industry ranging from all manner of consumer products to clients involved more specifically in media, telecommunications, consumer electronics, FDA-regulated OTC products, pharmaceuticals, banking, and retail. She also addresses copyright, trademark, privacy, First Amendment and trade secret and trade regulation issues. Nancy frequently represents clients in false advertising challenges before the National Advertising Division of the Council of Better Business Bureaus (NAD), the National Advertising Review Board (NARB), television networks, the Federal Trade Commission, and State Attorneys General.

Practice Highlights
  • Advises clients on claims substantiation, copyright, trademark, privacy, First Amendment, Internet, trade secret and trade regulatory issues, including development of claims substantiation, review of underlying consumer research, design and review of claims’ test procedures for monadic and comparative product/service claims, general regulatory compliance oversight and talent union-related issues
  • Negotiates and drafts celebrity talent agreements, production agreements, rights acquisition agreements, intellectual property licensing, advertising agency/client agreements, co-promotion and sponsorship agreements, sweepstakes and promotions programs and rules
  • Advises clients in developing new media and digital advertising initiatives and strategies, including compliance with relevant FTC guidance and practice
  • Regularly represents a cross-section of clients before the NAD and the NARB

Professional & Community Activities

  • Board Member, New Alternatives for Children, an organization that provides support of birth, foster, and adoptive families who are caring for children with special medical needs at home, 2016
  • American Bar Association, Vice Chair Consumer Protection Committee, 2015-present
  • Instructor, Advertising Claims Support: Case Histories and Principles Course, The Institute for Perception, 2013, 2014
  • Elected to Board of Directors, the Brand Activation Association (formerly the Promotion Marketing Association), 2009-present
  • Member, Government and Legal Affairs Council and Legal Center of Excellence, Brand Activation Association (BAA), 2009-present
  • Member and Former Co-chair, Advertising and Commercial Speech Committee, Media Law Resource Center (MLRC), 2009-present
  • Co-chair, Annual Law Conference of the Brand Activation Association (BAA), 2008
  • Planning Committee Member, National Advertising Division (NAD) Annual Conference, 2004, 2007, 2010, 2013, 2015 
  • 4A’s Legal Consultation Program, 2000-present
  • Guest Member, the American Association of Advertising Agencies Legal Affairs Committee
  • American Bar Association
  • New York State Bar Association
  • New York City Bar Association

Professional Recognition

  • Named as one of "America's Leading Lawyers for Business," in Media & Entertainment: Advertising (Transactional) (New York) by Chambers USA, 2008-2010; Advertising: Transactional & Regulatory (Nationwide), 2011-2016
  • Selected to "New York Super Lawyers" by Thomson Reuters, 2009-2016; in First Amendment/Media/Advertising, 2009-2016; in Intellectual Property, 2009-2016
"Nancy is amazing – I thank my lucky stars every day that I get to work with her." -Client Quote, Chambers USA 2016