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Background

Jay S. Newman is a Principal in the Washington, D.C., office of Fish & Richardson, focused on advertising, sweepstakes, contests and privacy law, with extensive experience before the Federal Communications Commission, Federal Trade Commission, Food and Drug Administration and state administrative agencies on enforcement, compliance and licensing matters.  Mr. Newman provides practical and realistic advice to start-ups and Fortune 500 corporations on a variety of regulatory matters.  A few examples of his experience are as follows:

  • Advise retail, publishing and gaming businesses on the legality of sweepstakes, contests, loyalty programs, and fantasy sports leagues including those offered via social media platforms;
  • Advise on legality of SMS promotions and compliance with Telephone Consumer Protection Act (TCPA) requirements;
  • Resolve FCC enforcement matters related to licensing issues and rule violations;
  • Obtain FCC rule waivers for new technologies including medical devices, ground penetrating radar and other Part 15 devices, and coordinate such efforts with the National Telecommunications and Information Administration;
  • Advise on privacy and data security matters including drafting Privacy Policies and Terms of Use for web sites and mobile apps, and assessing compliance issues under the Children’s Online Privacy Protection Act (COPPA);
  • Develop online advertising guidelines for alcoholic beverages, and advise on federal and state tied-house restrictions and other related advertising requirements;
  • Negotiate sponsorship, marketing and other commercial contracts including those in the technology area;
  • Advise drug and medical device manufacturers on issues involving companion diagnostics, human and animal drugs, biosimilars and FDA administrative procedures and processes including Citizen Petitions;
  • Advise on international marketing efforts (including international sweepstakes and contest, and regulated industry requirements) and international product standards compliance in the areas of radio communications, EMC and RF safety.

Mr. Newman assists his clients navigate through often complex government requirements, and develops regulatory strategies to minimize risk and increase business opportunities.

Education

J.D., University of Pennsylvania Law School 1990


B.A., Brandeis University 1987
magna cum laude

Admissions

  • District of Columbia 1993

Memberships & Affiliations

​Member: Federal Communications Bar Association, the District of Columbia Bar Association, and the Maryland Bar Association.

Other Distinctions

Selected publications
Published numerous articles concerning sweepstakes, advertising, and online services in The Multimedia Law Report, Info Text, Digitrends, and Voice Processing magazines.

Contributor to ABA Section of Antitrust Law Consumer Protection Law Developments (2009) focusing on alcohol-related promotions and advertising.

Past contributor to The Interactive Marketplace Regulatory Handbook, published by Thompson Publishing Group, which is a comprehensive guide to federal and state rules governing telemarketing, infomercials, home shopping, online services, and related interactive media issues.

Selected presentations
Speaker at Digital Hollywood Conference, May 7, 2014, on sweepstakes, contests and other promotional offers.

Guest lecturer for the course, "Publishing and Internet Law," at New York University in March 2007-2009, in connection with the University’s Master of Science in Publishing program. Lectured on sweepstakes and contests.

Speaker at the Wireless Regulatory Summit, November 30, 2004, on "Promotional Contests and Sweepstakes."

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