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Nancy J. Felsten

FelstenNancy
Partner
T212.603.6434
F212.489.8340
Nancy Felsten 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, retail, consumer electronics, FDA-regulated OTC products, pharmaceuticals, banking, medical devices and oil and gas products. 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 (NAD) of the Council of Better Business Bureaus, the 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
  • Represents health care agencies and continuing medical education providers to respond to government subpoenas with respect to pharmaceutical investigations

Professional & Community Activities

  • 4A’s Legal Consultation Program, 2000-present
  • Instructor, Advertising Claims Support: Case Histories and Principles Course, The Institute for Perception, 2013 
  • 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  
  • 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), 2011-2014
  • Selected to "New York Super Lawyers" by Thomson Reuters, 2009-2013; in First Amendment/Media/Advertising, 2009-2013; in Intellectual Property, 2009-2013