Legal Issues of the Day Seminar
Alexandria, VA
October 23-24, 2008
Make sure you’re in Alexandria this October as some of the most renowned direct selling attorneys and Federal Trade Commission professionals provide attendees with hours of critical legal information and advice—a concentrated wealth of knowledge otherwise not available at any price.
From beginning—focusing on Internet law—to end—featuring a lively Attorney Roundtable—this seminar may be the most important educational event you attend all year!
Critical Take-Aways Will Include:
- Current challenges to the independent contractor status and what these could mean for your bottom line
- An overview of federal and state regulatory and legislative activities affecting the direct selling industry
- Legal avenues available to address Internet attacks and the industry’s role in combating them
When you attend DSA's 2008 Legal Issues of the Day Seminar, you'll learn from your colleagues:
Federal Regulations
- Steps your company should be taking to remain in compliance with the FTC rules affecting direct selling—and what you stand to lose if you fail to do so
- Common mistakes companies make when interpreting the FTC's "cooling off" rule—and what it could cost you
State Laws & Statutes
- How earnings claims vary across the 50 states and can affect your company’s most important benchmarks
- Current state legislation clarifying the difference between your company and the pyramid scheme next door—and why it should matter to your company that legislators get it right
- State-level attacks on the independent contractor status and how they could affect your company
- How states redefining multilevel marketing could affect your company’s operations and bottom line
Specialized Issues
- How your company’s stability could be affected by the nuances of Internet law and modern online tactics that can protect you from these threats
- How regulatory differences between the U.S. and Canada can impact your company’s current operations as you expand North
Register Now!
Schedule-At-A-Glance
Wednesday, October 22
3:00 p.m. – 4:00 p.m.
Lawyer's Council Meeting
Meeting at DSA Headquarters. RSVP required. Click here to register.
4:00 p.m. – 6:00 p.m.
Government Relations Committee Meeting
Meeting at DSA Headquarters. RSVP required. Click here to register.
Thursday, October 23
8:00 a.m. – 5:30 p.m.
Registration Open
8:00 a.m. – 9:00 a.m.
Networking Breakfast
9:00 a.m. – 10:00 a.m.
Internet Attacks! Protecting Your Company
The Internet has proven to be an effective tool for critics of any business to “broadcast” their complaints. How can your company reasonably and legally respond to such attacks? Our presenters will explore:
- Credit card compliance issues and their impact on your salesforce
- What “search engine optimization” means and how it can be used to your advantage
- Using the Digital Millennium Copyright Act to combat your online critics
Speakers:
Deanna Conn, Partner, Quarles & Brady LLP
Darrel Welling, Executive Vice President, Sales & Marketing, ProPay USA, Inc.
10:00 a.m. – 11:00 a.m.
Big Money? A Focus On Earnings Claims
Earnings claims and disclosures have become important topics of discussion within the direct selling community. This session will explore industry standards and legal requirements in this area, covering:
- Federal and state laws related to earnings claims and disclosures
- DSA requirements and guidelines
- Potential earnings disclosures best practices
Speaker:
Joseph Mariano, Executive Vice President, Secretary & Legal Counsel, Direct Selling Association
11:00 a.m. – 12:15 p.m.
The FTC & Direct Selling
The Federal Trade Commission is the nation’s principle consumer protection agency, responsible for the prosecution of consumer fraud, including pyramid schemes and fraudulent business opportunities. We will engage in a frank dialogue with representatives of this important agency, discussing such topics as:
- An overview of the proposed amendments to the Business Opportunity Rule
- The FTC’s definition of a pyramid scheme
- Views on earnings claims and disclosures
Speakers:
Adolfo Franco, Vice President, Global Regulatory Affairs, Direct Selling Association
Lois Greisman, Associate Director, Marketing Practices Division, Bureau of Consumer Protection, Federal Trade Commission
Joseph Mariano, Executive Vice President, Secretary & Legal Counsel, Direct Selling Association
12:30 p.m. – 1:30 p.m.
Networking Luncheon
1:30 p.m. – 2:30 p.m.
Making Sure Your Salespeople STAY Independent Contractors
The independent contractor status is the linchpin of the direct selling industry and is critical to your company’s success. Learn more about why it’s so important during this session. Our discussion will include:
- A review of state laws and legislation regarding the differences between employee/independent contractor status and how these could impact your company
- Federal laws surrounding direct sellers and independent contractor status, including attempts to impose tax withholding on independent contractors
- Framing your contracts with direct sellers to ensure their independent contractor status
Speakers:
Dean Heyl, Attorney & Director, Government Relations, Direct Selling Association
Russell Hollrah, Attorney, Coalition to Preserve the Independent Contractor Status
2:30 p.m. – 3:00 p.m.
Networking Break
3:00 p.m. – 4:15 p.m.
Pyramid Schemes, Multilevel Marketing & Direct Selling
The vast majority of direct selling companies now use some form of multilevel compensation. State laws and regulations in this area can have a significant impact on almost every direct selling company. Our industry experts will thoroughly review:
- Current state anti-pyramid laws and pending legislation
- State multilevel laws and regulations
- Law enforcement interpretations of the so-called “Amway Rules”
- The legal view of compensation based on “internal consumption”
Speakers:
Allison Levy, General Counsel, AdvoCare International, LP
Gerald Nehra, Attorney, Gerald P. Nehra, Attorney At Law
Spencer Reese, Partner, Grimes & Reese
4:15 p.m. – 5:15 p.m.
10 Things You Absolutely Need to Know About Doing Business in Canada
Canada’s legal requirements for direct sellers are unique. If your company is exploring expansion into Canada, this primer will be essential to your success across the border. Our presenter will cover such critical points as:
- Canada’s anti-pyramid laws under the Competition Act
- New proposed guidelines for multilevel direct selling companies
- Important taxation considerations for direct sellers
- Canada’s new Natural Health Product Rules for nutritional products
Speaker:
Robert Kreklewetz, Partner, Millar Kreklewetz LLP
5:15 p.m.
Dinner On Your Own
Friday, October 24
8:00 a.m. – Noon
Registration Open
8:00 a.m. – 9:00 a.m.
Networking Breakfast
9:00 a.m. – 9:30 a.m.
The What & Where to Direct Selling
A variety of laws can impact whether or not direct sellers can sell in their homes, go door-to-door and/or what representations they might make about your products. This wide-ranging discussion will include:
- Local “home occupation” ordinances
- Local business license requirements
- State and local door-to-door restrictions
Speaker:
Dean Heyl, Attorney & Director, Government Relations, Direct Selling Association
9:30 a.m. – 10:15 a.m.
Product & Opportunity Claims
Selling both your products and opportunity is absolutely critical to your business’s success. How can you ensure your company and its salespeople are within the requirements of the law? We’ll explore this important topic, and address:
- When a product claim is deceptive
- Steps your company can take to educate its salesforce
- Emerging legal and regulatory trends regarding representatives’ product claims
Speakers:
Clayton Friedman, Partner, Manatt, Phelps & Phillips
Allison Levy, General Counsel, AdvoCare International, LP
10:15 a.m. – 11:00 a.m.
The "Cooling-Off" Rule: A Primer
The Federal Trade Commission’s Rule concerning the cooling-off period for in-home sales is better known as the “cooling-off” rule. This legal requirement can inadvertently trip up unsuspecting direct sellers. This presentation will cover the requirements of the cooling-off rule, including:
- Steps to take to ensure your company is compliant
- Common mistakes direct sellers inadvertently make in interpreting the rule
Speakers:
Lem Dowdy, Attorney, Federal Trade Commission
John Webb, Associate Legal Counsel & Dir., Government Relations, Direct Selling Association
11:00 a.m. – Noon
Attorney Roundtable
Attorneys who provided presentations throughout this seminar will gather for a final session to answer your questions and discuss critical and emerging issues facing the direct selling industry.
View Hotel & Registration Information Here
|
