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Simmons v. Liberty Mutual Fire Ins. Co. (5th Cir. – March 30, 2011)

Former Amway Independent Business Owners were sued by Amway. They tendered their defense to a general liability insurance carrier, who denied coverage. The trial court found there was no coverage. The...

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Dorfman v. Max International, LLC (Court of Appeals of Texas – May 5, 2011)

Plaintiff contends that Max International’s arbitration requirement is unenforceable because it is “illusory.” It is supposedly “illusory” because Max’s policies and procedures can be amended or...

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Healthy Habits, LLC, et al. v. Fusion Excel, et al. (C.D. Cal. – Jun. 17, 2011)

This is a case that I argued for the plaintiffs. Fusion Excel sold “E-packs” which we alleged were unregistered securities. The court agreed with our arguments. HEALTHY HABITS, INC.; ET AL., v. FUSION...

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Pure Energy Club, LLC v. JP Williams, et al. (D. Utah – Jun. 28, 2011)

Pure Energy is a Utah multi-level marketing company. Its policies and procedures compel distributors who sign up with the company to consent to jurisdiction in Utah. That provision is enforceable. PURE...

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Talk Fusion, Inc. v. J.J. Ulrich, et al. (M.D. Florida – July 11, 2011)

Magistrate’s order granting an injunction prohibiting cross-recruiting was granted. The defendants were ordered to not recruit anybody from Talk Fusion who was not personally sponsored by a person in...

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Melaileuca, Inc. v. Hansen (D. Idaho – April 15, 2011)

A multi-level marketing company sends mass e-mails advertising its services, including to executives at a competing company. The competing company files suit alleging that this is unlawful spam under...

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Bunchan v. USA (D. Mass – July 25, 2011)

“He who is his own lawyer has a fool for a client.” – Proverb This was a last ditch effort by James Bunchan to overturn a conviction and unsuccessful appeal. This time, he represented himself. James...

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MLM Cross-Recruiting: The nuts and bolts of cross-recruiting claims by...

Caution: This is a very general explanation of cross-recruiting and should not be used for anything other than general information. This is not legal advice. Retain an attorney if you want legal...

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70 Percent Rule

Common sense is not all that common. – Anonymous When putting together a good set of policies and procedures for an MLM startup, common sense requires that companies adhere to something called “the 70...

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Melaleuca, Inc. v. Organo Gold Int’l (D. Idaho – Aug. 9, 2011)

The defendants are accused of raiding a competitor’s downline. The fight is over whether Idaho is an appropriate venue. The defendant loses its motion to dismiss for lack of personal jurisdiction in...

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