Who’s Liable When AI Agents Misbehave? A 2026 Guide to Deployer Responsibility and Compliance-by-Design

Andrew is an attorney whose practice focuses on advertising, marketing, promotions, brand management, and regulatory compliance. He advises clients on the legal aspects of advertising clearance, promotional marketing, social media campaigns, subscription marketing, and consumer protection issues, as well as regulatory matters involving the Federal Trade Commission (FTC), Food and Drug Administration (FDA), and other governmental agencies.

Andrew serves as Chair of the Advertising, Marketing & Promotions Group and Co-Chair of the Brand Management & Protection Group at Olshan Frome Wolosky LLP. In these leadership roles, he advises clients on sophisticated advertising and promotional marketing issues while helping businesses address emerging legal and regulatory challenges. His leadership extends to counseling companies on innovative marketing initiatives, regulatory compliance, and brand protection strategies across multiple industries.

Andrew is a frequent advisor to marketers, advertisers, agencies, and suppliers on the legal and compliance aspects of advertising and promotional campaigns. He structures sweepstakes, contests, games of skill, fundraising promotions, social media initiatives, direct marketing campaigns, and subscription marketing programs, while also conducting advertising and marketing due diligence for mergers, acquisitions, and investments. He regularly represents clients before the National Advertising Division of the Better Business Bureau and advises on regulatory matters involving the FTC, FDA, U.S. Department of Justice, Federal Communications Commission, U.S. Postal Service, state attorneys general, district attorneys, and other governmental authorities.

Andrew has extensive experience advising clients across all forms of media, including social media, internet, television, print, radio, direct mail, mobile platforms, telemarketing, and other electronic communications. His practice encompasses advertising clearance, promotional marketing, health-related advertising and labeling, subscription marketing, privacy, intellectual property, and brand protection. He represents clients in regulatory investigations, enforcement actions, commercial litigation, competitor advertising disputes, class actions, and false advertising claims, and frequently appears in federal and state courts as well as before the National Advertising Division. His experience also includes advising on the advertising and labeling of over-the-counter products, dietary supplements, medical devices, cosmetics, and medical foods, helping clients develop legally compliant marketing strategies while effectively managing regulatory and litigation risks.

Barry earned his J.D. from Fordham University School of Law in 2008. He holds a Master of Engineering in Civil Engineering, with a minor in Biomedical Engineering, from Cooper Union (2006), and a Bachelor of Engineering in Civil Engineering from Cooper Union (2005). He is admitted to practice in New York and New Jersey and is registered to practice before the United States Patent and Trademark Office.

Barry joined Olshan as a partner in 2026, a lateral move that drew coverage across the legal press. He previously served as Senior Counsel in Norton Rose Fulbright LLP's Intellectual Property practice, and cofounded a cloud-based platform designed to automate patent drawing review and analysis—giving him firsthand insight into how technology companies build, scale, and protect their innovations and brands. Earlier in his career, he served as a judicial intern to the Honorable Edward R. Korman of the U.S. District Court for the Eastern District of New York.

Barry is an active author and speaker on the intersection of artificial intelligence and intellectual property. His recent writing includes articles in Managing IP on AI's growing role in trademark naming and clearance and in Bloomberg Law on how AI is changing trademark creation, clearance, and enforcement. He also presents on emerging-technology issues, including a CLE webinar on creative content production using AI.

Barry advises clients across the full IP lifecycle. He counsels clients on a broad array of commercial and technology agreements—including software licensing, SaaS, master services, consulting, assignment, and AI-technology agreements—and advises on privacy and data considerations in connection with them. He has significant experience managing global patent portfolios, coordinating prosecution across multiple jurisdictions, and counseling clients on trademark strategy, copyright matters, and brand protection. His work includes drafting and prosecuting utility and design patent applications in the United States and abroad, supporting post-grant proceedings before the Patent Trial and Appeal Board, and conducting IP due diligence and portfolio analyses in connection with financings, acquisitions, and other transactions. His practice concentrates on fast-moving and emerging sectors. Barry's technical experience spans artificial intelligence and generative AI, machine learning, autonomous vehicles and robotics, IoT systems, fintech, blockchain and cryptocurrency, image-recognition technology, advanced sensors, and data-driven infrastructure, as well as mechanical and consumer products such as medical devices, wearables, lighting systems, and power tools. Representative matters include counseling an applied-science research institute on monetizing a 350-patent portfolio spanning wireless communications, semiconductor design, imaging, and energy technologies; representing a global automotive technology company in patent prosecution across AI, autonomous-vehicle systems, and advanced sensors; and representing a consumer products company in cross-border enforcement of design patents, trade dress, and trademarks against a foreign competitor.