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