Legal Issues of the Day: A Virtual Seminar


November 2007

Back by popular demand, DSA’s 2007 Legal Issues of the Day: A Virtual Seminar will provide you with presentations on timely subject matter with which all direct selling executives ought to be familiar. Content will be provided by our industry’s legal experts, government officials and DSA staff, all of whom will share need-to-know details to keep you fully informed about the pressing legal issues of the day.

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He Said/She Said: Don’t Get Burned by Product Claims
Product claims are a slippery slope. One distributor making an unauthorized statement about the efficacy of your company’s product might result in unplanned-for consequences. Can you control what your salesforce says about your product without endangering their independent contractor status and still insure accurate information is delivered? Our presenter will explore this topic and provide you with some effective ways to keep unplanned claims from plaguing your company.
  • Lesley Fair, Division of Consumer and Business Education, Federal Trade Commission

Border Patrol: Our Industry’s Take on Immigration Reform
What obligations could be imposed on direct sellers, should Federal or state governments revise current immigration laws? Your company and its salespeople could be faced with burdensome new recruitment and verification requirements if some of the proposed changes come about.
  • Adolfo Franco, Vice President, Global Regulatory Affairs, Direct Selling Association

The FTC’s Proposed Business Opportunity Rulemaking: An Update
The FTC received 17,000 comments regarding its proposed business opportunity rule and is currently evaluating them. Our presenter will provide you with an update on the process, current expectations for the outcome and other details of which you should be aware. Make sure to listen to this presentation, as this proposal could significantly impact the way our industry conducts business.
  • John Webb, Associate Legal Counsel & Director, Government Relations, Direct Selling Association

Complying with DSA’s Code of Ethics
When instituted more than thirty years ago, DSA’s Code of Ethics was an excellent example of industry self-regulation and it remains so today. Compliance with the code is an obligation of membership with the Association and our Code Administrator will use this presentation to explain in detail why the Code (and complying with it) is so crucial to our industry’s, and your company’s, success.
  • Jared Blum, Code of Ethics Administrator, Direct Selling Association

Protecting the Independent Contractor Status
The independent contractor status of our industry’s salesforce provides our industry with the manpower it needs to be successful. How can your company take small, but important, steps to protect it on a daily basis? Our legal expert will provide you with an overview of independent contractor law, some examples of how it can be endangered, and how your company can ensure the independent status of your sellers.
  • Russell A. Hollrah, Coalition to Preserve Independent Contractor Status

The New Franchise Rule
The Federal Trade Commission has approved amendments to the Franchise Rule, originally promulgated in 1978. Our presenter will provide you with an update about these changes, particularly with regard to how they could affect direct sellers. This very important conversation will include specific details about the amendment's “practical necessity” language and the challenges it could cause for some in our industry.
  • Jonathan Toronto, Attorney, Gray Plant Mooty

Federal Income Tax Responsibilities
Tax time can be a confusing tangle of government red tape for any business, but for small businesses who may never have had to run this obstacle course, the challenges confronting them may seem insurmountable. Listen to our expert as she discusses various outreach and educational products available to help your staff get answers to their questions and guide your company through tax time successfully.
  • Phyllis Grimes, Chief Industry Liaison, Internal Revenue Service

State Sales Tax Issues: An Overview
Sales tax issues can be challenging for any direct selling company executive, but our presenter will make sure you have the information you need. Join us as we discuss important details including the complexities of collecting sales taxes, nexus, standards for both state sales and income taxes, problematic states, the Streamlined Sales and Use Tax Agreement, the Business Activity Tax Simplification Act and recent court decisions regarding taxation.
  • Dean Heyl, Attorney & Manager of Government Relations, Direct Selling Association

Product Safety and Recalls: What You Need to Know
If you’ve turned on the news lately, you’ve probably heard at least one story about product recalls. The thought of a recall is a frightening proposition for companies, but it’s a very real consideration for which both your legal and PR teams need to be prepared. Find out from the U.S. Consumer Product Safety Commission how the recall process works and the steps you need to take to be in compliance with the law. Learn how to increase the rate of compliance for your product to minimize the likelihood of a product recall, and what your responsibilities are once a potential safety hazard is brought to your attention.
  • Marc Schoem, Deputy Director, Compliance & Field Operations, U.S. Consumer Product Safety Commission

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