2010 DSA Legal Issues of the Day Seminar

Click here to view a full agenda
including the seminar schedule.

Let’s Talk Testimonials!
The Federal Trade Commission (FTC) is placing greater resources on combating product claims and recently revised their Guides on Endorsements and Testimonials to reflect more stringent requirements. Seminar attendees will learn:
- How the revised Guides now address new media forums such as blogs and Twitter
- When and under what circumstances disclosures are now required
- The effects these changes will have on how your distributors market your products and opportunity

Richard Cleland, Bureau of Consumer Protection, Federal Trade Commission
Jonathan Gelfand, General Counsel, Beachbody
John Webb, Associate Legal Counsel, Direct Selling Association

Federal Healthcare Reform: An Update
The debate is over, the vote has been taken and the bill has been signed (for now). What changes will the Federal Health Care Reform law have for your company, your employees and your salesforce, and what elements of the new law will pose a challenge? We’ll explore such questions as:
- How reform will be implemented, state by state, and what the timeline is for these changes
- What changes you may need to consider to keep your employees covered
- Ways your distributors may be affected and how to mitigate any risk your company may face

Adolfo Franco, Vice President, Global Regulatory Affairs, Direct Selling Association
Katie Hays, Executive Director, Congressional & Public Affairs Division, U.S. Chamber of Commerce

Reacting to Government Inquiries: Best Practices
It happens more often than you may think: an executive receives a letter or a call from a regulatory or law enforcement agency making inquires about your company’s operations. Or, even worse, your company actually has action taken against it. Your company’s response can often dramatically affect such a situation’s outcome. Our expert will teach you:
- How to properly interact with inquiring agencies to achieve optimum results
- The unwritten rules you should write down that could save you time and litigation fees
- Warning signs all employees should look for to save your company a future surprise

John Burczyk, Vice President & General Counsel, Hy Cite Corporation

Arbitration Agreements 101
The Federal Arbitration Act (FAA) dictates that binding arbitration clauses—sections in contracts that promise that you won’t take a disagreement to court—are enforceable in federal court. However, there may be times when your company can go to court after all. Sound highly technical? Our panelists will break down this critical subject and provide you with some very valuable information, including:
- When arbitration works and when it doesn’t
- What state laws can impact arbitration and why it could be to your company’s benefit to explore other options
- The point at which professional legal advice is necessary to ensure situations are handled properly

Bruce Lindl, Vice President & General Counsel, Regal Ware, Inc.
Jeff Morris, Partner, Quarles & Brady LLP
Edward Salanga, Partner, Quarles & Brady LLP

The Americans with Disabilities Act and You
The Americans with Disabilities Act (ADA) has been around for 20 years and many direct selling executives remain confused about how it applies to them. You’ll hear from leading experts about the scope and coverage of the ADA as it relates to both employees and distributors when we explore:
- Factors that trigger an obligation under the act
- Possible fines your company could face for non-compliance and remedies available to those situations
- How the independent contractor status changes your legal obligations

William Flanagan, Partner, Hogan Lovells US LLP
John Webb, Associate Legal Counsel, Direct Selling Association

Luncheon Discussion—Outside Counsel’s Forum
Whether your company is too small to have legal counsel on staff or has simply found itself in a situation in which your counsel is not an expert, knowing where to find outside help who can help you resolve any challenges coming your way can be a life-saver! During this working lunch, you’ll hear from a number of industry attorneys about:
- Their particular expertise and why you don’t have to bring it in-house to satisfy your needs
- The benefits to retaining outside counsel long-term over hiring in-house help
- Specific kinds of counsel that are better to not keep on-staff

Jeffrey Babener, Principal Attorney, Babener & Associates
Jane Fergason, Partner, Gardere Wynne Sewell L.L.P.
Spencer Reese, Partner, Grimes & Reese

Corporate Security & Investigations
Despite our unique sales channel, your company is still operating a business, and needs to protect its assets—from its distributor list to its finances to even basic operations continuity. Our expert will highlight for you:
- When an investigation might be appropriate
- Steps to take to address the problem without the entire company hearing about it
- The variety of services available and their appropriate uses

Gregory Caldwell, Chief Executive Officer, White Hat Solutions, LLC

Credit Card Data Integrity: What You Need to Know
Credit cards have become an indispensible part of modern life and how your distributors make their sales, but how they should handle and process card data is a trickier question than you may think. Our expert will share the basics of paycard industry (PCI) compliance with you, including:
- Why transmissions such as an e-mail containing credit card details (even as an attachment!) poses a security threat
- Dos and don’ts for data storage and why a spreadsheet or word processing document is a major don’t
- Who’s responsible for security breaches and how to protect your company and distributors from them

Darrel Welling, Executive Vice President, ProPay, Inc.

Independent Contractor Status: Protecting Your Manpower
Getting it wrong on the independent contractor status can lead to a world of troubles for your direct selling company – it’s what effectively provides our industry with the manpower it needs to be successful. What steps can your company take every day to protect this critical classification? Our expert will provide you with the information you need, including:
- An overview of independent contractor law
- Some examples of how it can be endangered through every-day business operations
- How your company can ensure this classification for your field members

Russell Hollrah, Attorney, Coalition to Preserve the Independent Contractor Status

Putting the DSA Code of Ethics to Work for Your Company
The DSA’s Code of Ethics continues to be an excellent example of how industry self-regulation can serve corporate needs and protect the consumer, all without advancing further government regulation. It is a living, breathing document reflecting the current state of the marketplace and as such has been significantly enhanced during the past 18-24 months to meet the needs of today’s consumer. Aside from the fact that your company is obligated to abide by the Code as a condition of membership, it is also in your best interests to do so. DSA’s Code of Ethics Administrator, Jared Blum, will lead this presentation, sharing with you:
- Details about the most recent changes made to the Code
- Why the Code is so critical to your company’s—and our industry’s—success
- Useful information about DSA’s new Proselyting Information Kit and Mediation Program

Jared Blum, DSA Code Administrator
Alexis Ginn, Executive Vice President & Deputy General Counsel, Primerica, Inc.
John Webb, Associate Legal Counsel, Direct Selling Association

IRS Compliance: Preparing for the Tax Season
Tax time can be a confusing tangle of government red tape for any business, but for small businesses that 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 from the IRS to help your staff get answers to their questions and guide your company through tax time successfully.
Dean Heyl, Director, Government Relations, Direct Selling Association
Candace Fisher, Senior Agent, Small Business/Self Employed Division, Internal Revenue Service

Don’t Get Robbed! Patent & Trademark Protection
Protecting your intellectual property is critical to every business – it’s the knowledge that has brought your company success. So how can you best protect your name and brand in the field when hundreds and thousands of people have access to it? And, how do you make sure your patents stay in your hands and not end up in others? Our experts will delve into this topic, covering:
- Best practices for keeping your field in line, even if they’re just trying to use your logo
- Ways to keep your product patents under lock-and-key—even when you let great news out of the bag
- Making sure company policies are communicated adequately and often to ensure intellectual property is as protected as it can be

C. Brenton Kugler, Partner, Scheef & Stone, LLP
Thomas A. Kulik, Scheef & Stone, LLP

Click here to view a full agenda
including the seminar schedule.

Contact John Webb for more information.