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Nancy J. Felsten

Areas of Practice

nancyfelsten@dwt.com
(212) 489-8230

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Nancy J. Felsten
Partner- New York, New York Office

Professional Experience
Represent a broad spectrum of clients with respect to marketing, advertising, promotions, intellectual property and Internet matters.

Clients range from global holding companies and advertising agencies of all sizes, to all manner of consumer product, pharmaceutical, medical device, technology and telecommunications companies.

Ongoing consultation with respect to the creation, production, publication and dissemination of all types of advertising, marketing and public relations materials.

Advise clients on clearance, 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
  • Oversee general regulatory compliance
  • FDA review
  • Legal review of advertising and promotions

Negotiate and draft 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.

Frequently represent clients in false advertising challenges before the National Advertising Division (NAD) of the Council of Better Business Bureaus, television networks, the Federal Trade Commission, the Trademark Trial and Appeals Board, and in state and federal courts.

Prior Experience
Partner, Kay & Boose LLP

Associate, Willkie Farr & Gallagher

Publications and Presentations
Speaker/planning committee member for various legal conferences including NAD Conference on Comparative Advertising and PLI’s “Internet Publishing” seminar. Regularly conducts general and topical advertising clearance seminars for advertisers and agency clients.

Memberships and Activities
Co-chair, Advertising and Commercial Speech Committee of the Media Law Resource Center (MLRC)

Member, The Promotion Marketing Association

Member, Legal Affairs Committee of the Promotional Marketing Association

Guest “Member,” the American Association of Advertising Agencies

American Bar Association

Admitted to the State Bar of New York and the federal district courts for the Second Circuit, Fifth Circuit, and the Southern and Eastern Districts of New York

Education
J.D., Columbia Law School, 1986

B.S.J., Northwestern University Medill School of Journalism, 1982






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