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Posts By: Nicole Westbrook

Confidential binding arbitration clauses in MLM disputes

August 18, 2022 | Legal Insights & News

When disputes arise due to confidential arbitration clauses in multilevel marketing matters, potential litigants must wrestle with what to fight. Nicole Westbrook, Jones & Keller in Denver, Colorado, and Spencer Reese, Reese & Richards in Utah, offer up some considerations for these situations.   By Nicole Westbrook and Spencer Reese Confidential arbitration clauses present an uphill… Read more »

“Civil Proceedings” and the Call of Law

March 17, 2022 | Legal Insights & News

Embrace the ethical standards of the legal industry by preserving your reputation and strategically avoiding knock-down, drag-out discovery and court proceedings. By Nicole Westbrook In a recent Colorado case, the lawyer was hired to litigate a construction contract lawsuit for a couple. After one of the initial hearings went poorly, the lawyer sent emails to… Read more »

Minding Litigation: Strategies for Document Drafting

February 25, 2022 | Legal Insights & News

Trial lawyers and instructors Nicole Westbrook and Cash Parker have developed strategies for more effective contracts. Here they share what works and what doesn’t, what reduces the risk of litigation and what issues are likely end up in court.  By Nicole Westbrook and Cash Parker As trial lawyers and instructors for the National Institute for… Read more »

Cool Under Pressure: Managing Distributor Contract Clashes with MLMs

January 13, 2022 | Legal Insights & News

Litigator Nicole Westbrook answers three common questions regarding multilevel marketing companies, their distributors and the policies and contracts that can lead to disputes. By Nicole Westbrook Multilevel marketing (MLM) companies are a different breed. These direct sales companies do not have employees so much as they have independent contractors or distributors, which leads to more… Read more »

Fishy MLM Contract Provisions to Watch For

July 28, 2021 | Legal Insights & News

When MLM companies fail to deal conscionably with the large array of legal issues and personalities along the growth curve, especially when its distributors circle the globe, the ramifications are commonly heaped onto the shoulders of the distributors. By Nicole Westbrook and Al Sahlstrom When it comes to network marketing companies, commonly referred to as… Read more »

A Rookie Mistake and Cooperation in the Courtroom

June 04, 2021 | Legal Insights & News

A rookie mistake sheds light on how cooperation among opposing counsel can lead to better client outcomes, and tips on how to get there. By Nicole Westbrook for the National Institute for Trial Advocacy Ed Lyons, a commercial litigator at Jones & Keller, has more than four decades of courtroom experience trying tough cases in… Read more »