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Confidential binding arbitration clauses in MLM disputes

| August 18, 2022 | Articles

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 »

Jarkesy v. SEC: What is its potential impact?

| August 03, 2022 | Articles

The U.S. Supreme Court ruling in Jarkesy found that the SEC’s choice to vindicate fraud claims through its own administrative process violated the constitution for three separate reasons. What does that mean for administrative hearings going forward? By Paul Vorndran and Javier Heres When the Securities and Exchange Commission (SEC) decides to pursue formal enforcement… Read more »

MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses

| August 03, 2022 | Articles

Nicole Westbrook, Jones & Keller in Denver, Colorado, and Spencer Reese, Reese & Richards in Utah, discuss FTC proposed rules on earnings claims and nonsolicitation clauses for network marketing companies and their independent distributors.   Watch Video Now By Nicole Westbrook and Spencer Reese Nicole Westbrook, commercial trial attorney at Jones & Keller in Denver, Colorado,… Read more »

Four Decision Points in SEC Securities Investigations

| June 02, 2022 | Articles

Defending securities actions requires strategy in navigating a tricky process and qualified answers at critical decision points during an SEC investigation.    Watch Video Now By Paul Vorndran Defending securities actions on behalf of clients requires strategy in navigating a tricky process, which can be unique in each situation. If you are interested in this… Read more »

Disclosure or Non-Disclosure: Governmental Investigation of Securities-Related Activity

| April 14, 2022 | Articles

When—and should— a company disclose the existence of an investigation? Companies facing this question must consider their own specific circumstances while remaining attentive to potential consequences implicated by the decision. By Paul Vorndran and Javier Heres Federal and state regulators are increasingly pursuing enforcement actions against companies and individuals that engage in activities related to… Read more »

Taking the Sting Out of “Death Taxes”

| April 01, 2022 | Articles

High-net worth individuals have an opportunity to take advantage of high transfer tax exemptions if they act fast. Set to expire in 2026, if not before, the time is now to implement strategies that make the most of the current “death tax” exemptions.   Watch Video Now By Dylan H. Metzner There has been a lot… Read more »

“Civil Proceedings” and the Call of Law

| March 17, 2022 | Articles

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 »

The Importance of Contract Language

| March 14, 2022 | Articles

Good lawyers pay careful attention to the words of a contract to avoid vague, confusing, and ambiguous language that can cause an outcome has nothing to do with what at least one of the parties intended if they have a disagreement…and also, so you don’t lose your baseball team.  By Brad H. Hamilton Several years… Read more »