So You Received a Notice of Penalty Offenses, Now What?

    Clay Brewer is an associate attorney at Thompson Burton PLLC. His practice area focuses primarily on serving young, direct selling companies. He assists Kevin Thompson in providing exceptional legal support for companies ranging from early-stage startups to well-established entities.

    Roughly 1,100 entities received a Notice of Penalty Offenses from the Federal Trade Commission on October 26, 2021. It’s important to know that being a recipient does not mean you have previously or are currently violating the law. Candidly, it’s not all bad being on the list. The companies that did not make the cut […]

    FTC Sharpening Its Regulatory Knives And Preparing For Battle, Puts For-Profit Universities On Notice

      Clay Brewer is an associate attorney at Thompson Burton PLLC. His practice area focuses primarily on serving young, direct selling companies. He assists Kevin Thompson in providing exceptional legal support for companies ranging from early-stage startups to well-established entities.

      The nature of the network marketing industry has evolved over the last several decades with new and innovative business models, yet the regulatory landscape has remained quite stagnant and vague. We are all aware of the landmark cases of Koscot and BurnLonge, FTC v. BurnLounge Case Summary, along with company specific settlements such as Vemma, […]

      Recent Victory: Thompson Burton Obtains Take Nothing Result in Arbitration Win

        Cole is a commercial litigator who has extensive experience resolving business-related disputes involving a wide variety of legal issues. Cole’s practice includes handling trials and appeals in state and federal court, in addition to alternative dispute resolution forums, such as mediation and arbitration. He has served as counsel to clients in courts and arbitration forums across the country, including Florida, Illinois, Kentucky, New York, South Carolina, Tennessee and Texas. Cole was selected as a Mid-South Rising Star by Super Lawyers Magazine for 2014.

        Sarah Ferraro and I (Cole Dowsley), both commercial litigation attorneys with Thompson Burton PLLC, recently successfully defended a well-known multi-level marketing (MLM) company in an arbitration proceeding brought by a distributor of the company. The MLM company, a leading provider of nutritional supplements and health products, faced claims from one of its distributors that the […]

        Invest in Yourself: AMG Capital Alone Will Not Save You

          Clay Brewer is an associate attorney at Thompson Burton PLLC. His practice area focuses primarily on serving young, direct selling companies. He assists Kevin Thompson in providing exceptional legal support for companies ranging from early-stage startups to well-established entities.

          When the Supreme Court ruled unanimously against the FTC in AMG Capital back in April of this year, many flagged this decision as a watershed moment in FTC enforcement. But this is the law we are talking about, and nothing is ever black and white. If it were, there would be fewer lawyers and that […]

          FTC: The Empire Tries to Strikes Back

            Kevin Thompson is an MLM attorney, proud husband, father of four and a founding member of Thompson Burton PLLC. Named as one of the top 25 most influential people in direct sales, Kevin Thompson has extensive experience to help entrepreneurs launch their businesses on secure legal footing. Recently featured on Bloomberg TV and several national publications, Thompson is a thought-leader in the industry.

            In the first Star Wars, the evil empire reveals its master plan of subjugating the galaxy with its awesome weapon: the Death Star. We all know how it ends, Luke Skywalker, against all odds, blows it up. 1 shot…in some sort of vent, triggers a chain reaction that destroys the entire thing. Needless to say, […]

            Lessons in Missing the Point – The MLM Industry is Now Expressly Targeted by the FTC For Deceptive Income and Product Claims

              Kevin Grimes is one of the most experienced and accomplished MLM attorneys in America. Over his 25 year career as a network marketing attorney, he has represented and advised the proverbial “Who’s Who” of direct selling and multilevel marketing including Herbalife, Shaklee, Tupperware, USANA, Metabolife, MonaVie, and hundreds more.

              In October 2020, FTC Commissioner Rohit Chopra and Samuel Levine, (now) Acting Director of the Bureau of Consumer Protection, authored an article in the University of Pennsylvania Law Review entitled, The Case for Resurrecting the FTC Act’s Penalty Offense Authority (hereinafter The Case for Resurrecting). It seems that the article escaped the attention of the […]