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Nancy J. Felsten

Nancy Felsten is a partner at Davis Wright Tremaine LLP in New York where she leads the firm's advertising, marketing and promotions practice. 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. Nancy counsels on all aspects of advertising law including development of 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. Nancy is a frequent speaker at major industry conferences and sits on key industry and advisory boards.

Practice Highlights
  • 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), and the television networks as well as the Federal Trade Commission and State Attorneys General
  • 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 and talent union-related issues
  • Advises clients in developing new media and digital advertising initiatives and strategies, including compliance with relevant FTC guidance and practice
  • 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

Professional & Community Activities

  • American Bar Association, Vice Chair Consumer Protection Committee of the Antitrust Section, 2015-present
  • 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
  • Board of Directors, the Brand Activation Association (formerly the Promotion Marketing Association), 2009-present
  • Co-chair, Government and Legal Affairs Council and Legal Center of Excellence, Brand Activation Association (BAA), 2015-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
  • 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
  • Advisory Board, PROOF Media for Social Justice, Uses visual storytelling to promote human rights around the world
  • Regularly guest lectures on advertising and social media law at Columbia Law School and Columbia Business School

Professional Recognition

  • Named as one of "America's Leading Lawyers for Business," in Advertising: Transactional & Regulatory (Nationwide) by Chambers USA, 2011-2018; Received "Band 1" ranking, 2017-2018
  • Named as one of "America's Leading Lawyers for Business," in Media & Entertainment: Advertising (Transactional) (New York) by Chambers USA, 2008-2010
  • Named as one of the "Best Lawyers in America" in Advertising Law by Best Lawyers, 2018-present
  • Selected to "New York Super Lawyers" by Thomson Reuters, 2009-2017; in First Amendment/Media/Advertising, 2009-2017; in Intellectual Property, 2009-2017
"Nancy is very strategic, has so many connections in this area, is very practical and so easy to work with." -Client Quote, Chambers USA 2018