Advertising Law (Fried/Batchoo)
Meeting Times/Location
M 4:30PM - 6:30PM
Silverman Hall 270
Category
Seminar
Credits
3.0
Whether it is a commercial during the Super Bowl or a fleeting Instagram story, effective advertising can build brands, attract customers, and drive business growth. Without careful legal guidance, however, advertising campaigns can also create significant legal and regulatory risk. False or misleading advertising can expose companies to government investigations, competitor challenges, class action litigation, and reputational harm. Managing these risks requires understanding what advertisers can say, what evidence is needed to support marketing claims, and who bears responsibility for advertising content.
This practice-focused seminar introduces students to the legal issues that arise when advising clients in the marketing and advertising ecosystem, including brands, media companies, platforms, agencies, and influencers. Topics include claim substantiation, comparative advertising, puffery, testimonials and endorsements, influencer marketing and the creator economy, consumer protection law, and emerging issues involving artificial intelligence. The course will also examine the regulatory and self-regulatory frameworks governing advertising in the United States.
Students will apply these concepts through a simulated advertising dispute in which they will either challenge or defend a hypothetical advertising campaign. Guest speakers from corporations, private practice, and government will share their perspectives on the evolving landscape of advertising law and regulation.
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.
Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.
Textbooks
"Advertising & Marketing Law: Cases & Materials, 7th Edition" by Eric Goldman and Rebecca Tushnet |