Nancy J. Felsten

Partner

T 212.603.6434 New York
In advertising and marketing, the answer isn't "no," it's how can we do this right and still sell our goods and services.
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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.