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ADVERTISING, MARKETING and PROMOTIONS LAW (2) (CIP 805)

Professor Joseph Lewczak

Marketing and marketing communications continue to play an increasingly significant role in today’s economy, and both in-house and outside counsel need to be well grounded in the laws, rules and regulations that impact a company’s communications with consumers. This course explores the legal issues involved with modern marketing communications including: an overview of the FTC Act and state consumer protection statutes; specific regulatory initiatives such as the lottery and gambling laws, telemarketing, charitable solicitation and email marketing; self regulation of advertisers including the television networks and the National Advertising Division of the Council of Better Business Bureaus and other industry associations; the distinction between commercial and First Amendment protected speech in the marketing context; and the appropriate uses of intellectual property in commercial advertising.

Prerequisite Introduction to Intellectual Property.