The Changing Regulatory Landscape: A New Generation Takes Control Part 1

    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 startup-ups to well-established entities.

    We have discussed in many of our previous articles the ever-changing regulatory strategy of federal agencies and the virtual impossibility of reading regulator’s minds, especially the Federal Trade Commission (“FTC”), but we have never truly dove into the minutiae of what may be causing this constant shifting of the goal posts. Is it really a […]

    Unanimous Decision: FTC loses in Supreme Court decision

      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 a unanimous Supreme Court decision, the Supreme Court has held, “Section 13(b) does not authorize the Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.” Translated into English: The FTC has been abusing its power for decades. It’s a devastating blow to the FTC’s credibility. To recap: […]

      Jeffrey Babener: The best

        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.

        The industry lost one of its greatest advocates. I am sad to report that one of the best among us, Jeffrey Babener, passed away on March 17, 2020. He was a legend. He will be missed. Jeffrey Babener was one of the originals when it came to MLM law. Jeff was a fierce competitor, which […]

        Let’s Get Ready to Rumble: Nerium Enters the Ring Against the FTC

          Thomas Ritter is an associate attorney at Thompson Burton PLLC. His practice area focuses primarily on cybersecurity law, which includes an assortment of data protection and privacy-related matters, and a wide-variety of business transactions. He assists diverse businesses from well-established companies to early stage start-ups.

          This post is Part 1 of a two-part series on Nerium’s push-back against the FTC’s pervasive (and shifting) authority over how it defines pyramid schemes. In an unprecedented move the likes of which has never before been seen in the history of the network marketing industry, the FTC and Nerium filed competing lawsuits against one […]

          Amended DSA Code of Ethics: Are the modifications meaningful?

            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.

            Beyond just ringing in a new year, January 1, 2016, also signified the enactment of the Direct Selling Association’s (“DSA”) latest Code of Ethics. Before breaking down the differences that exist between the new and previous versions, my commentary on the subject remains the same: the DSA has a long way to go before providing a Code […]

            Fifth Circuit Creates an “Insurmountable Barrier” to Pyramid Class Actions

              Thomas Ritter is an associate attorney at Thompson Burton PLLC. His practice area focuses primarily on cybersecurity law, which includes an assortment of data protection and privacy-related matters, and a wide-variety of business transactions. He assists diverse businesses from well-established companies to early stage start-ups.

              In the Fifth Circuit of the United States Court of Appeals, bringing a class action lawsuit against an alleged pyramid schemes just got a heck of a lot harder. According to one of the three Circuit Judges presiding over the case, the court’s decision gives illegal pyramid schemes a “Teflon coating” and protects them “not […]