Insights from the Federal Trade Commission
Get a detailed explanation of engagement with the Federal Trade Commission on their views about earnings claims, multi-level compensation structure and the use of new enforcement mechanisms.
Administration View of Independent Work
An official from the Biden Administration discusses their position on independent work including actions taken, potentially forthcoming and how direct sellers can position themselves positively to be viewed as independent contractors.
Department of Labor Official (Invited)
Legal Update and Protective Measures to Implement Now
Save time and money to protect your business by joining direct selling’s leading practitioners who specializes in a wide variety of legal, regulatory, and contractual issues, as they deliver hot button legal issues the direct selling industry is currently facing, including the Supreme Court’s April 2021 AMG Capital Management opinion and what it really means to the industry, key takeaways from the May 2021 critics conference, recent developments on the independent contractor classification front, and methods to put your company in the best position to address widescale downline raiding.
Katrina Eash, Partner—Winston & Strawn
John Sanders, Partner—Winston & Strawn
Leveraging Technology to Meet Our Compliance Goals
Companies can educate their salesforce and monitor for appropriate claims in the marketplace, but some still slip through the cracks. How can technology be further utilized to prioritize and flag high risk posts? Compliance professionals will discuss tools that can be used to ensure your company stays compliant.
Jonathan Gilliam, CEO—Momentum Factor (Moderator)
Darin Reber, Vice President and General Counsel—Forever Living
Jemima Wechsler, Group Vice President, Compliance—Beachbody
Anatomy of a FTC Enforcement Action
Over the past months, the FTC has taken actions to streamline their enforcement authority which could increase actions taken against companies across all sectors, including direct selling. What should companies do now if they are the subject of a FTC investigation? What have companies who have been subject to FTC investigations past and present wish they would have done?
Larry Steinberg, Shareholder—Buchalter (Moderator)
Deb Heisz, Co-CEO—Neora
Nitin Reddy, Senior Vice President & Associate General Counsel—Herbalife Nutrition
Perspective of Former Regulators
A panel of former senior officials from the Federal Trade Commission discuss their time at the Commission and their perspectives on what companies and the industry can do to engage with the FTC.
John Villafranco, Partner—Kelley Drye & Warren LLP (Moderator)
Maureen Ohlhausen, Partner—Baker Botts
Andrew Smith, Partner—Covington and Burling
New General Counsel Roundtable
This panel of new industry general counsels will discuss how their adjustment to leading the legal department at a direct selling company has been. For some, this is their first exposure to the industry and for others it’s a new role at another company. What has been the steepest learning curve or biggest challenges they have faced?
Jessica Marquez, General Counsel & Chief Compliance Officer—Hy Cite Enterprises (Moderator)
Joe Brubaker, General Counsel—Stampin’ Up!
Carly Kennedy, General Counsel—The Pampered Chef
Alissa Neufeld, General Counsel—LifeVantage
The Fight for Independent Work: Coalition for Workforce Innovation
DSA serves as a founding member as Vice Chair of the Coalition for Workforce Innovation, advocating for change at the federal level that has brought together a diverse group of stakeholders representing technology, worker advocates, retail and service industries. They have been the tip of the spear in framing the narrative and taking actions to protect independent work. The organization’s leadership will discuss initiatives at forefront.
Brian Bennett, Vice President Government Affairs & Policy—Direct Selling Association (Moderator)
Evan Armstrong, Vice President of Labor Policy—Retail Industry Leaders Association
Dao Nguyen, Principal—Cornerstone Government Affairs
Congressional Update on FTC 13(b) Authority
In the wake of the AMG Capital Management decision, the Federal Trade Commission has asked Congress to grant the agency authority to get disgorgement in 13(b) enforcement actions. What has been proposed on Capitol Hill and what has or will pass?
Senator Mike Lee (R-UT) (Invited)
FTC Business Opportunity Rule: How Will Direct Sellers Respond?
The FTC announced earlier this year they are reviewing the Business Opportunity Rule that requires certain sellers to provide disclosures and other barriers prior to making a sale. A statement by Commissioner Rohit Chopra made clear that the intent of the FTC is to cover direct sellers under the rule. How did direct sellers get specifically not covered by the rule in 2006 and what can the industry expect this time?
Brent Kugler, Partner—Scheef and Stone (Moderator)
Jane Fergason, Partner—Foley Gardere
Theresa Flores, Senior Manger, Public Affairs—Mary Kay
Jonathan Gelfand, Chief Legal Officer & Senior Vice President Business Development—Beachbody
Direct Selling Self-Regulatory Council Update
Executives from the Direct Selling Self-Regulatory Council (DSSRC) will provide an update on the activities of the first half of the DSSRC in the first half of 2021 and current work. They will also discuss projects they are currently working on to further educate and provide resources to the industry.
Linda Goldstein, Partner—Baker Hostetler (Moderator)
Peter Marinello, Executive Director—Direct Selling Self-Regulatory Council
Howard Smith, Senior Staff Attorney—Direct Selling Self-Regulatory Council