Nancy J. Felsten

Partner

In advertising and marketing, the answer isn't "no," it's how can we do this right and still sell our goods and services.

Whether vetting product claims or ensuring regulatory compliance, Nancy Felsten is guided by both practicalities and the law, which often in this space comes in the form of guidance and not regulation. She leads the firm's advertising, marketing, and promotions practice and this attitude is how DWT approaches the complicated problems of our day. Whether working with advertising agencies, our media and telecommunications clients, or with consumer electronics, FDA-regulated OTC, banking and consumer product companies, we provide a 360-degree practice for any and all kinds of advertising, marketing, and promotions programs. Nancy helps clients create compliant marketing campaigns pursuant to FTC and FDA regulation and guidance, state consumer protection law, rights of privacy and publicity, and other advertising and intellectual property issues. And when clients are embroiled in competitive challenges or a government investigation, Nancy is there for them. Nancy feels that her public accolades from Chambers Band 1 to New York Super Lawyers year after year are nice, but what matters to her the most are her deep and long-lasting relationships with clients. She believes that's what makes her practice so exciting and personal.

Practice Highlights

False advertising challenges

Nancy is well-known for her extensive practice representing clients in false advertising challenges before the National Advertising Division (NAD) and the National Advertising Review Board (NARB) (both part of the BBB National Programs Inc.), the television networks, as well as the Federal Trade Commission and state attorneys general.

Claims substantiation

Nancy advises clients on claims substantiation, including development and review of underlying consumer research, design and review of claims' test procedures for monadic and comparative product/service claims, and general regulatory compliance oversight.

Social media and sponsored content

She supports clients in developing social media and digital advertising initiatives and strategies, including compliance with relevant FTC guidance and practice. Nancy also advises on talent union-related issues, negotiates and drafts celebrity/influencer talent agreements, production agreements, rights acquisition agreements, intellectual property licensing, advertising agency/client agreements, co-promotion and sponsorship agreements, and sweepstakes and promotions programs and rules.

Admitted to Practice

New York, 1987
U.S. Court of Appeals 2nd Circuit, 1995
U.S. Court of Appeals 5th Circuit, 1997
U.S. District Court Eastern District of Michigan, 1996

Education

J.D., Columbia Law School, 1986
B.S.J., Northwestern University Medill School of Journalism, 1982

Memberships & Affiliations

- American Bar Association, Vice Chair Consumer Protection Committee of the Antitrust Section, 2015-2018
- Editor, "Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division," prepared by the Advertising Disputes & Litigation Committee and The Consumer Protection Committee, American Bar Association Section on Antitrust Law, April 2015
- Advisory Board, the Brand Activation Association (BAA) (formerly the Promotion Marketing Association) of the Association of National Advertisers (ANA), 2009-present
- Member and Former Co-chair, Advertising and Commercial Speech Committee, Media Law Resource Center (MLRC), 2009-present
- Planning Committee Member, National Advertising Division (NAD) Annual Conference, 2004, 2007, 2010, 2013, 2015, 2018
- Guest Member, the American Association of Advertising Agencies (4A's) Legal Affairs Committee, 2012-present
- 4A's Legal Consultation Program, 2000-present
- Instructor, Advertising Claims Support: Case Histories and Principles Course, The Institute for Perception, 2013, 2014
- American Bar Association
- New York State Bar Association
- New York City Bar Association
- 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, 2015-present

Professional Recognition

- Named as one of "America's Leading Lawyers for Business," by Chambers USA in Advertising: NAD Proceedings, 2022; Advertising: Transactional & Regulatory (Nationwide), 2011-2021; Media & Entertainment: Advertising (Transactional) (New York), 2008-2010; Received "Band 1" ranking in Advertising: Transactional & Regulatory, 2017-2021
- Named as one of the "Best Lawyers in America" in Advertising Law by Best Lawyers, 2018-present
- Selected to "New York Super Lawyers" in First Amendment/Media/Advertising, 2009-2022; in Intellectual Property, 2009-2022, Thomson Reuters

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