Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorLJN NewslettersNewsSections

The Greatest Article Ever Written on Puffery!

By R. Scott Oswald and Adam Augustine Carter
May 02, 2015

There is a moment in the modern Christmas film classic “Elf” in which the titular character, a full-grown man who believes himself to be an elf from the North Pole, enters a seemingly run-of-the-mill coffee shop in New York City after passing what most would consider a forgettable neon sign on the facade of an equally forgettable storefront boasting “world's best cup of coffee.” The “elf” runs into the shop and excitedly shouts to everyone in the shop, “You did it! Congratulations! World's best cup of coffee! Great job everybody!” The employees and patrons in the shop simply gaze at the display of enthusiasm with befuddled expressions.

Although this moment in the film is likely intended to show the viewer the comic extent of the character's naivet', it perhaps unwittingly provides a perfect demonstration of the precarious relationship between a company's boasting and the potential impact on those to whom it crows. In the parlance of the law, communication of this type has come to be known as “puffery.” The word “puffery” is a gem of the judicial lexicon. It is one of those rare words that holds enough legal significance to bring down major corporations, but sounds altogether silly when used in conversation. The brilliance of it lies in the fact that its silliness makes it a unique word, ripe for molding through the legal process.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.