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 »
Conservatorships are in the news most recently due to challenges in the Britney Spears conservatorship. But Dylan Metzner says don’t be afraid of guardianships or conservatorships. There is more general transparency for interested parties in guardianships and conservatorships than what is available through powers of attorney. A conservatorship and a guardianship are court proceedings where… Read more »
What must – and should — a non-registered company do when the SEC comes calling? By Paul Vorndran and Blaine Bengtson It is well known that the U.S. Securities and Exchange Commission is the nation’s primary regulator of activities related to securities. The SEC has the authority to investigate registered entities and financial professionals affiliated… Read more »
In an interview for Online Litigator, Nicole Westbrook addressed several best practices for managing IT, nervous clients and the possibility of expanded subpoena power. Watch the interview here and read a summary of Nicole’s remarks. An audience wants to be entertained. Each time a litigator steps in front of six to 12 people in the… Read more »
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 »
The rising cost of ransomware attacks puts a premium on prevention. Put to use these practical, preventative measures to minimize the threat of being held hostage by a ransomware demand, By Larry Lee and Christopher Johnson The cost to companies and governments in ransomware attacks is growing exponentially. On May 7th of this year the… Read more »
Accelerated enforcement actions and new rapid response techniques at the SEC are likely to be with us for the long-haul. By Paul Vorndran Despite mandatory telework and asset reallocations, 2020 was a record year for whistleblowers and financial remedy orders at the Securities and Exchange Commission, according to the Division of Enforcement 2020 Annual Report… Read more »
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 »
One of the toughest decisions in estate planning is selecting an estate administrator because once appointed, they are difficult to remove. Think hard through these considerations before selecting the individual or team who will settle your estate. By Dylan Metzner There is no treasure map in settling an estate where a simple X identifies the… Read more »
Both a will and a trust work to transfer a business owner’s interest to beneficiaries. Which works best and why? By Dylan Metzner Wills and trusts are legal documents that provide for a smooth transfer of assets. When and how they accomplish this mission differs based on the intended outcome and whether the ownership transfer… Read more »