DSCP Certification Class (Virtual)

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Reception

Breakfast

Welcome

Legal and Regulatory Update

Winston & Strawn will kick us off with an update on the hottest legal and regulatory issues impacting the direct sales channel, including independent contractor misclassification litigation, the FTC’s latest business guidance, the end of Chevron deference, and the FTC’s attempt to ban non-competes.

• Katrina Eash, Partner, Winston & Strawn LLP
• John Sanders, Partner, Winston & Strawn LLP

Fireside Chat: Perspectives from the Federal Trade Commission

A senior Federal Trade Commission staffer discusses a busy 2024 in updated guidance regarding direct selling and the perspectives on what the agency expects from companies and salesforce. This detailed one-on-one conversation will have in-depth insights.

• Lois Greisman, Associate Director, Division of Marketing Practices, Federal Trade Commission
• John Villafranco, Partner, Kelley Drye & Warren LLP

Update on Mexico

Mexico is a vital and dynamic market for many US-based direct-selling companies. Learn about the significant impact of recent constitutional reforms and other regulatory changes that could affect companies currently doing business or considering doing business in Mexico.

• Adolfo Franco, Executive Vice President, COO and Counsel, Direct Selling Association (moderator)
• Francisco Ortega Gaxiola, Partner, Turanzas, Bravo & Ambrosi

Lunch

What Is the Standard? Perspectives on Earnings Claims from a Consumer Advocate and Companies

In February, 100 direct selling companies received letters from consumer advocate Truth in Advertising alleging that companies and independent salesforce members were making claims about potential earnings that were not in line with Federal Trade Commission standards. Join this insightful discussion with a TINA representative and industry professionals on standards that can be used to monitor and be compliant.

• Jonathan Gilliam, Founder and CEO, Momentum Factor
• Ioana Gorecki, Special Counsel, Kelley Drye 
• Bonnie Patten, Executive DIrector, TruthInAdvertising.org

FTC Guidance Palooza: But Is It Legal?

While 2023 was active in rulemaking by the FTC, 2024 has also been active with the FTC rescinding the 2004 Advisory Memo and updating its Business Guidance on Multi-Level Marketing. But is the guidance consistent with the law, or is the FTC only making policy through business education? Our panel of experts discusses the implications of these actions.

• Eric Ritter, General Counsel, Scentsy, Inc. (moderator)
• Ed Burbach, Partner, Foley & Lardner LLP               
• Branko Jovanovic, Partner, Edgeworth Economics
• Daniel Kaufman, Partner, Baker Hostetler

Deputy Administrator, US Department of Labor

• Adolfo Franco, Executive Vice President, COO and Counsel, Direct Selling Association (moderator)
• Kirstin Garcia, Deputy Administrator of the Wage and Hour Division, U.S. Department of Labor

Break

Current State of Data Security and Privacy: Legislative Solutions to Clarify Standards

The past two years have seen comprehensive data security and privacy legislation introduced in Congress. This year, the American Privacy Rights Act was introduced by bi-partisan, bi-cameral Members of Congress only to be stalled. What are the major sticking points of legislative solutions and what can companies do to stay ahead of the curve?

• Katy Spicer, Partner, Squire Patton Boggs (moderator)
• Eric Ellman, Association Executive 
• Ericka Jonhson, Global Cybersecurity Counsel, TikTok
• Michael Richards, Senior Director, Chamber Technology Engagement Center, U.S. Chamber of Commerce
• Stacy Swanson, Public Policy Advisor, Squire Patton Boggs

Performance Marketing Compliance: What You Need to Know

As more direct sellers are embracing performance marketing strategies, there are a bevy of additional rules and regulations you need to abide by including consent and privacy. Compliance experts discuss how to do it the right way.

• Matthew Dumiak, Director of Privacy, Compliance Point
• Tori Guidry, Attorney, Troutman Amin, LLP
• Gayla Huber, IntegriShield

Litigation Update: Independent Contractor and Non-Compete Rules

As rules are put forward by the Biden Administration that have a negative impact on direct selling they are being held in check by business groups bringing lawsuits. Companies have also been the subject of litigation regarding non-solicitation provisions. Come here from the experts involved in those cases.

• Brent Kugler, Partner, Scheef and Stone (moderator)
• Ashley Gum, Vice President, U.S. Chamber of Commerce
• Alex Kennedy, Vice President of Legal and Government Relations, USANA Health Sciences, Inc.
• Nicolas Wenker, Deputy General Counsel and Senior Vice President of Legal, Young Living

Reception

General Counsel Dinner

Compliance Officer Dinner

Breakfast

Welcome Back

Five Years In: A Lookback at the Direct Selling Self-Regulatory Council

The Direct Selling Self-Regulatory Council was launched in 2019 as an impartial monitoring, enforcement, and dispute resolution mechanism for direct selling businesses regarding product claims and income representations.

Executives from the DSSRC discuss their past work and, more importantly, what is on the horizon for 2025 and beyond.

• John Webb, Senior Legal Counsel for Policy, Advocacy and Compliance, Direct Selling Association (moderator)
• Sandy Jap Ph.D., The Sarah Beth Brown Professor of Marketing, Emory University, Goizueta Business School 
• Peter Marinello, DSSRC
• Howard Smith, DSSRC

Congressional Staff Perspectives: Looking Back at the 118th Congress and Forward to the 119th

Join Congressional staff from committees relevant to direct selling with jurisdiction over the Federal Trade Commission, independheent contractors, and tax issues to discuss major developments from the 118th Congress and what to expect as the 119th Congress starts in 2025.

• Joseph Mariano, CEO & President, Direct Selling Association (moderator)
• Eric Schmitz, Director of Coalitions, Office of the Speaker of the U.S. House of Representatives

General Counsel Panel - ASK the GCs

Hear from experienced direct selling company general counsels. They will discuss the legal and regulatory framework for direct selling, share their challenges, concerns, and vision for the industry's future, and answer your questions.

• Bernadette Chala, Chief Legal Officer, Arbonne International, LLC
• Eric Ritter, General Counsel, Scentsy, DSA General Counsel Committee Chair
• Jason Groves, Chief Legal Officer & Corporate Secretary, Medifast