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Tuesday / April 21. 2026
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read / Legal Briefs
Is the FTC’s Administrative Process Unconstitutional?
Legal Briefs
BY Ed Burbach & Jane Fergason April 08, 2026
Is the FTC’s Administrative Process Unconstitutional?
In 2026 DSN readers should learn whether companies operating in the United States have the right to have legal claims brought against them by the federal government determined by courts, rather than through an administrative process designed and operated by the very federal government agency—such as the FTC—which brings the claims.
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Executive Engagement & Field-Centric Leadership
Legal Briefs
BY Clay Brewer December 01, 2025
Executive Engagement & Field-Centric Leadership
The indispensable cornerstones of direct selling. Listen to this story starting at 19:05 on the new, revamped The DSN Podcast. Even when your day is packed, we make it easy to stay informed, engaged and one step ahead. Listen now or read below! As an attorney who advises both executives and distributors, I’ve learned there is one thing the strongest companies in […]
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Safeguarding Your Business from FTC Scrutiny
Legal Briefs
BY Brent Kugler October 08, 2025
Safeguarding Your Business from FTC Scrutiny
Direct sales and MLM companies face an evolving landscape of legal and regulatory challenges that impact how they operate, recruit and promote their businesses. Notably, the Federal Trade Commission (FTC) continues to modify its playbook in the aftermath of AMG Capital Mgmt., where the Supreme Court limited the commission’s enforcement resources. Below are three external threats companies may face in 2026.
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Direct Seller Defeats Class Certification in California Misclassification Case
Legal Briefs
BY Katrina Eash & John Sanders September 30, 2025
Direct Seller Defeats Class Certification in California Misclassification Case
Direct selling companies are facing a wave of lawsuits, primarily in California, claiming that distributors do not qualify as independent contractors and instead are misclassified employees. Just recently, however, a California court refused to certify a class on these claims—an important outcome for all direct sellers.
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Disclosure Dilemmas
Legal Briefs
BY Katrina Eash & John Sanders / Co-Chairs of Winston & Strawn, LLP’s Direct Sellers’ Practice August 05, 2025
Disclosure Dilemmas
For most direct sales companies, the income disclosure statement (IDS) is the company’s most prominent—and public—presentation of its earnings opportunity. So, ensuring that your IDS reliably and accurately reflects the actual experience of a typical distributor, as borne out in your company’s business intelligence data, should be a top priority for every direct seller.
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Direct Selling’s Hidden Power Tool
Legal Briefs
BY Troy Keller May 21, 2025
Direct Selling’s Hidden Power Tool
As recent events on the global trade front have reinforced for all of us, 2025 is moving fast and bringing high levels of change and uncertainty. To adapt, companies need all the tools at their disposal—especially power tools like mergers and acquisitions. This is particularly true for companies in the global and volatile direct selling industry. But like any power tool, merger and acquisition (M&A) strategies need to be wielded carefully.
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