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WORKSHOP ON

LEGAL & COMPLIANCE

Monday, September 23, 2024
1 pm - 4 pm (CT)

A New Workshop at DSU Fall 2024

Direct selling continues to experience monumental shifts in virtually every facet of the channel, and the regulatory landscape and recent decisions are at the heart of much of it. Join us for this first-ever Legal & Compliance Workshop this September as part of the DSU Fall 2024 experience.

In this three-hour workshop, you'll hear from many of the industry's most sought-after legal experts, as well as general counsels and corporate executives from direct selling companies, sharing the latest on the hottest topics and how in-house legal teams are tackling each new challenge and opportunity. This workshop is designed to provide you with critical updates and strategies to navigate the ever-evolving legal landscape.

Why You Should Attend:

Gain actionable insights from leading legal experts.
Enhance your knowledge of crucial regulatory changes.
Network with industry peers and thought leaders.
Equip yourself with the tools to effectively manage compliance within your organization.

Featured Sessions

1. The Chevron Ruling and Next Steps for Direct Selling Companies

Let's dive into the real-world implications of the Chevron ruling and its impact on direct selling businesses right now. This session will examine the legal precedents set by the ruling, providing you with a clear understanding of what to do and what not to do to help align your compliance strategies appropriately.

Panel Host:

CLAY BREWER

Attorney
Thompson Burton

Clay's practice focuses on direct sales and a wide range of corporate matters for both established entities and startups such as business planning, capital raising, and corporate structuring. Clay is an innovative, thought leader and writes about a variety of topics in his Thoughts A Brewin' Newsletter.

Prior to joining Thompson Burton, Clay graduated from Belmont University College of Law. During law school, Clay clerked for the Honorable Judge Joe Thompson in the Sumner County Circuit Court for the 18th Judicial District of Tennessee. He was a member of the Belmont Health Law Journal in which his note, Help Us, Help You: Big Tech and the Future of Personal Health Records was published. He was also a member of the 2019 Belmont Health Law Transactional team that won the National Championship at the L. Edward Bryant, Jr., Health Law Competition at Loyola University-Chicago.

Clay received his undergraduate degrees from the University of Tennessee and an advanced language certificate from Moscow State University in Moscow, Russia. Upon completing his undergraduate studies, Clay received the Congressional Internship Program Scholarship where he worked on Capitol Hill in Washington, D.C., for Senator Bob Corker and Congresswoman Diane Black. Clay also worked as a Deputy Clerk in Sumner County for Circuit Court Clerk Kathryn Strong.

Clay enjoys traveling and sports and was able to combine both passions in 2018 when he attended the FIFA World Cup in Russia. He is also a writer for Nashville Hockey Now where he discusses the ins-and-outs of the Nashville Predators and news across the hockey world. In addition, Clay can read, write, and speak conversational Spanish and Russian.

NAISHA COVURRUBIAS

Mary Kay
Chief Counsel

Naisha is the Chief Counsel for Mary Kay, where she oversees the legal teams supporting global business operations and compliance. Known for her results-driven approach, she excels in problem-solving and critical thinking. Naisha provides global business group support across various areas, including civil and commercial litigation, consumer goods and protection, labor and employment, the Railway Labor Act (RLA), and federal preemption.

Her experience as a litigation attorney includes positions at Flesher Schaff & Schroeder, Inc. and Murphy, Campbell, Guthrie & Alliston.

2. Non-Compete Legislation and Trends in Distributor P&Ps

The recent decisions related to non-compete agreements were monumental. On top of that, the modern direct seller is likely to engage in multiple income streams, including involvement in more than one direct selling company. What's the right way to deal with it all?

Explore the latest trends and legislative changes affecting non-compete agreements. Understand how these changes influence your ability to retain top talent and the flexibility you need to allow distributors to move between companies. Plus, understand some of the fresh thinking being put into practice in terms of your Distributor policies and procedures.

Panel Host:

BRENT KUGLER

Partner
Scheef & Stone

Brent Kugler is a seasoned trial lawyer with more than 23 years of experience representing plaintiffs and defendants in complex business disputes. Brent is a prominent attorney in the direct selling industry with extensive experience in representing direct sales, multilevel (MLM) and network marketing companies in lawsuits, arbitrations and regulatory matters across the United States.

Brent has also served as an expert witness in litigation involving MLM companies and his background and experience make him an excellent choice to serve as a mediator/arbitrator in direct sales/MLM legal disputes.

Formerly the General Counsel for a large MLM company, Brent provides comprehensive legal representation to direct sales companies including advice on regulatory issues, distributor policies, and procedures, compensation plans, independent contractor classification, governmental affairs and risk management. Brent is also a frequent speaker and author on developments and trends in the direct sales industry and preparing companies for litigation.

ERIN BARTA

Mannatech
General Counsel

Erin is an experienced General Counsel and Corporate Secretary with a proven track record in the health, wellness, fitness, and restaurant industries. She is skilled in FTC and FDA compliance, legal writing, IP portfolio management, Corporate Governance and Franchising. Erin is a dedicated legal professional who graduated from Texas Wesleyan University School of Law, now known as Texas A&M School of Law.

JENIFER GRACE

LACORE™️
President & Chief General Counsel

Teaming up with Terry in 2008, and then joining full-time in 2010, Jenifer Grace leads legal and operational aspects at LACORE™️. She enjoys learning both the new aspects of each business, as well as each area of the law involved with its operation and protection. Protective of both the LACORE™️ team and operations, Jenifer’s conservative nature is a perfect fit.

Originally born in Gary Indiana, Jenifer grew up among the mountains of Reno Nevada. She graduated with a Bachelor of Arts degree in psychology from the University of Nevada Reno, and then gained her Juris Doctor from Southern Methodist University School of Law in 2000.

3. The Impact of Independent Contractor Status

The recent decision in California to uphold Prop 22 is a major win for all independent contractors and the companies that engage with them. That is especially true for direct selling companies. So what's next, and how does this decision change your company's plans? Or should they change at all?

4. Class Action and Representative Action Updates

California hasn't cornered the market on class and representative action pursuits. Direct selling companies in several states continue to face new lawsuits that stretch beyond the status quo. Understand what's happening, and learn some of the best ways to prepare and protect your company in light of these developments.

Panel Host:

KATRINA EASH

Partner
Winston & Strawn

Katrina is a trial lawyer who concentrates her practice in complex commercial, class action, and intellectual property litigation and also has experience in high-risk employment litigation. She has litigated in both federal and state court in Texas, California, New York, Florida, Delaware, Virginia, and numerous other jurisdictions.

Katrina litigates cases involving patent and trademark infringement allegations, partnership disputes, theft of intellectual property and trade secrets, breaches of contract and fiduciary duties, business torts, non-compete and non-solicitation agreements, unfair competition, corporate espionage, and whistleblowing. Additionally, she has extensive experience defending companies in class-action litigation and regularly handles class claims involving allegations of RICO and securities violations.

She has considerable experience defending and advising direct-selling and multi-level marketing organizations. She is often called in to advise such organizations on Federal Trade Commission and regulatory compliance issues and has successfully defended numerous direct-selling organizations in class actions and other litigation matters.

Katrina has handled all aspects of litigation in state and federal court and has a significant amount of trial experience exceeding most of her peers, having tried more than six cases as first chair or taking an otherwise stand-up role. She has experience in all phases of trial, including pre-trial proceedings, voir dire, opening statements, closing arguments, and direct and cross examination of witnesses.

KEVIN MCMURRAY

Young Living
Chief Legal Counsel

Kevin is the Chief Legal Officer at Young Living Essential Oils. He has more than 25 years of experience as a lawyer in the direct selling industry. He has worked as in-house counsel for several well-known and respected direct selling companies, giving him a deep understanding of the direct selling business model and the myriad laws and regulations that impact the industry. Kevin also has been a direct seller and a franchise owner, which has given him a great appreciation and respect for the hard-working entrepreneurs who drive this business.

Prior to working as a direct sales lawyer, Kevin began his legal career as an Assistant Staff Judge Advocate in the United States Air Force and a Special Assistant U.S. Attorney. He also worked as an Associate on the financial derivatives litigation team with the law firm of Dinsmore & Shohl (Cincinnati, Ohio).

Kevin graduated from Brigham Young University in 1987 with a Bachelor of Arts degree in Communications (Human Resource Development) with a minor in Spanish. He received his Juris Doctor degree from Creighton University School of Law in 1990 and his LL.M. degree in International Business Transactions from the McGeorge School of Law (University of the Pacific) in 1991. While pursuing his LL.M. degree, Kevin completed a legal clerkship in Madrid, Spain, working with the international law group of Cuatrecasas, one of the leading law firms in Spain.

Kevin is admitted to practice law in Nebraska (1990), Ohio (1995) and Utah (2008). Over the years he has been active in the Lawyer’s Council (2010 – 2011 Chair) and Government Relations Committee of the U.S. Direct Selling Association (DSA), and he is a past president and former member of the board of directors of the Mountain West Chapter of the Association of Corporate Counsel (ACC). He also serves as a board member for a Kenya consumer products company. Kevin is proficient in Spanish.

Kevin loves spending time with family, reading historical novels and watching historical movies and documentaries. He loves ice hockey, and when he’s not at home or work, you can usually find him playing competitive mens’ league hockey.

5. Real-World "Gotchas"

We'll spotlight some of the 'off-the-radar' happenings that warrant more attention than they're getting. Our panel of direct selling legal experts will share real-world examples of recent cases that every direct selling company needs to be aware of.

We'll dive into critical areas such as Policies and Procedures, renewals and automatic renewals, the enrollment process, and the convergence of affiliate and direct selling models. Additionally, we'll cover important regulatory updates from the FTC and implications for MLM companies.

HOTELS

The Westin Hotel

400 West Las Colinas Blvd.
Irving, Texas 75039

The Texican Court

501 West Las Colinas Blvd.

Irving, Texas 75039

833.839.4226

Thank you to these best-in class suppliers for helping make it possible for DSN to provide empowering events as FREE education and inspiration for direct selling executives.

Avalara

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LEGAL & COMPLIANCE

A New Workshop at DSU Fall 2024

Featured Sessions

1. The Chevron Ruling and Next Steps for Direct Selling Companies

2. Non-Compete Legislation and Trends in Distributor P&Ps

3. The Impact of Independent Contractor Status

4. Class Action and Representative Action Updates

5. Real-World "Gotchas"

The Westin Hotel

The Texican Court

Event Supplier Sponsors