JD Supra United States

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Latest documents

• Should We Live In The Same Home During Divorce?

  When a divorce is filed, the couple often begins the process while living together in the same home. The question then for many is whether or not this is sustainable.

• UPDATE: EEO-1 Component 2 Report Updated Timeline

  As previously reported by the Fast Laner, the EEOC announced that it would collect EEO-1 Component 2 data (“Component 2 data”) beyond the September 30, 2019 deadline.  On October 29, 2019, the district court overseeing the collection of Component 2 data ordered that the EEOC continue to collect Component 2 data through January 31, 2020…

• Currents - Energy Industry Insights: Issue 42, November 2019 #2

  FBI Eyes How Pennsylvania Approved Pipeline -
 
 "The FBI has begun a corruption investigation into how Gov. Tom Wolf’s administration came to issue permits for construction on a multibillion-dollar pipeline project to carry highly volatile natural gas liquids across Pennsylvania."
 
 Why this is important: Just the allegation the Governor forced the environmental agency to issue the permits for the Mariner East pipeline will likely spur litigation from environmental groups seeking to have the permits revoked....
 
 Please see full Newsletter below for more information.

• It’s so apparent, they still won’t see it

  There are so many times in business where you may craft the greatest idea out there that will make people money that they’d accept, but they still won’t.

• Battery Supply Chain

  The market is buzzing with speculation and activity across the battery supply chain -
 
 With the World Economic Forum pegging the global battery market to be worth around US$100 billion by 2025, understanding the emerging opportunities across the battery supply chain has never been more crucial.

• That 401(k) Conference Sponsorship Brochure, Target Field, Minneapolis, MN, Friday, June 5, 2020,

  Sponsorship Brochure for That 401(k) Conference, emanating from Target Field in Minneapolis, Minnesota on Friday, June 5, 2020.

• Former Herbalife Employees Indicted on FCPA Violations

  China continues to be a high-risk location for US companies to do business. While the current administration has laid numerous tariffs on Chinese goods, the fact that it holds 6 billion potential consumers will continue to draw western companies to its shore to do business. Yet the latest US company to run afoul of the Foreign Corrupt Practices Act (FCPA) in China is Herbalife Nutrition Ltd. While the company has not yet been hit with a FCPA violation, it is under FCPA scrutiny.

• Letters of Intent in Commercial Real Estate Leases

  Letters of intent (LOIs) are frequently used by parties to formalize terms for commercial real estate leases. LOIs are implemented in the beginning stages of a transaction to ensure there is a meeting of the minds on major deal issues.

• Order In Netflix Lawsuit Is A Reminder Of The Bounds Of Copyright Protection

  Virginia Vallejo, a well known Colombian journalist and media personality, authored the memoir “Loving Pablo, Hating Escobar”. The book is a factual account of her romantic relationship with Pablo Escobar and a chronicle of the rise of the Colombian drug cartel.

• Contractors: Get Ready For The New DOJ Anti-Trust Task Force!

  As if over-reaching under the False Claims Act wasn’t bad enough, government contractors will now be subject to a new area of investigation. On November 5, 2019, the U.S. Department of Justice announced its new Procurement Collusion Strike Force, focusing on ferreting out antitrust violations in the government contracts arena.

Featured documents

• Should the sale of a product be enjoined for inflated sales figures and exaggerated claims of performance?

  The Texas Court of Civil Appeals held that sales of the "phaser magnum" should be enjoined. REI Industries claimed that the product reduced air pollution in cars and offered a money back guarantee for the product, subject to several caveats. The product was sold through a network of...

• Holiday Magic v. Warren

  The Court of Appeals held that the District court judge impermissibly ruled on the validity of Holiday Magic's constitutional claims, and should have instead deferred those questions to a three-judge panel. Holiday Magic challenged the Wisconsin Department of Agriculture's general order prohibiting ...

• Are independent "managers" and "dealers" of Tupperware employees of the company for payroll tax purposes?

  The Oregon Court of Appeals upheld the decision of the Employment Division hearing referee finding the managers and dealers were employees of the Oregon Tupperware distributor, Timberland Sales. Although the managers and dealers were generally free from the control of Timberland, they were beholden ...

• Is a contract in furtherance of a pyramid scheme enforceable?

  The Utica City Court held that the sales program was a pyramid scheme and enforcing the contract would be a violation of state public policy. Schaffer managed a sales program between Amway distributors where they would circulate products among themselves for bonuses and recruitment fees. The...

• Does a willful violation of the pyramid statutes require actual knowledge that the statute is being violated, or is constructive knowledge sufficient, and does some trial testimony by affidavit violat

  The Court of Appeals held that constructive knowledge was necessary to violate the state pyramid statute and that no constitutional rights were violated in this case. Nest Egg operated a pure pyramid scheme where participants forwarded cash to a person at the top of a provided list, and received...

• Brown v. Coleman

  The Maryland Court of Appeals held that the IRS had priority in collecting taxes due from the sale the assets of the promoter of an illegal pyramid scheme. The court had appointed a receiver to liquidate the assets of the promoter and distribute the proceeds to creditors. The proceeds were not...

• Did ILN sell "securities" in violation of federal law and is a preliminary injunction necessary?

  The DC Circuit upheld the District Court ruling finding ILN's products were "securities" and subject to regulation by the SEC. The Defendants argued that the products were not securities because no money need be paid directly to ILN. The Court found that the intent was for a person to...

• Under Missouri State Law, did the activities of Consumer Auto Resources constitute a pyramid scheme?

  The Missouri Court of Appeals held that C.A.R. was an unlawful pyramid scheme. C.A.R. members paid a monthly fee to receive discounts on the purchase of new cars though affiliated car dealers. Members were paid bonuses for signing up new members of their downline and also received a percentage of...

• BRADLEY v. HEALTH COALITION, INC., 687 So.2d 329 (FL Dist. Ct. App. 1997)

  In Bradley V. Health Coalition, a salesman for a health products company signed a non-compete covenant whereby he would not compete for a period of two years after the termination of employment. The covenant not to compete prohibited the solicitation of "any active, paid up customers of the...

• Does Scott Fetzer's arrangement, where the independent dealers have sole responsibility for recruiting, hiring, firing and compensating independent contractors to sell vacuum cleaners, insulate them f

  Scott Fetzer Co., manufacturer of Kirby Vacuum Cleaners, sells vacuums solely through independent dealers, who in turn utilize independent contractor-salespeople who sell the vacuums door-to-door. This sales system is required by the Kirby distributor agreement. Carter was a door-to-door...