Cuneo, Alice Z.
January 2000
Advertising Age;1/31/2000, Vol. 71 Issue 5, p24
Trade Publication
This article deals with the malpractice lawsuit filed by Just For Feet against Saatchi & Saatchi Business Communications in 2000. The case raises concerns in the industry's creative community at a time when agencies have flooded with requests from dot-com companies for cutting-edge campaigns to build quick awareness in a crowded market. In its lawsuit, Just For Feet claimed that the finished spot, called Kenya was entirely different from the concept Saatchi first presented. The retailer charged Saatchi with breach of guaranty and warranty, misrepresentation, breach of contract and professional negligence and malpractice. Many advertising executives and their legal advertisers would agree with the non-culpability of the agency. Although agencies do carry some legal protection for things that can go wrong, most agency executives believe that, ultimately, the client approves the ad and therefore takes responsibility for it. INSET: Of contracts and claims: Agencies face liability issues.


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