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ARTICLE · 04 NOVEMBER 2020

Size Matters: NAD Examines "Largest" Claims

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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In a new Decision, NAD addressed business-to-business claims made by France Media Inc. for its commercial real estate publishing platform

United StatesReal Estate and Construction

In a new Decision, NAD addressed business-to-business claims made by France Media Inc. for its commercial real estate publishing platform, claims which had been challenged by competitor CapRate Events.  The two companies publish content and host conferences for real estate professionals.  I'm impressed that two such specialized publishing companies made their way to NAD to adjudicate their beef. NAD rewarded their participation with a very thorough analysis of the claims and substantiation.

First at issue was FMI's claim to be the largest commercial real estate publisher in the United States, a claim which NAD noted commercial real estate professionals could not assess for themselves and reliance on which "could result in serious financial consequences" to a commercial real estate developer budgeting its marketing dollars. (Reliance!  In an NAD decision!)  Moreover, NAD determined that such a statement is not puffery because FMI often linked it to the number of

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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