MLM / Direct Sales Business Organization

Read MLM/Direct Sales Law updates, articles, and legal commentary from leading lawyers and law firms:
News & Analysis as of

How a claim can be correct but breach the law

The Consumer Law Reform Bill will introduce a prohibition on making unsubstantiated claims into the Fair Trading Act. In practice, this means that all claims about your products (that a reasonable person would expect to be...more

FTC Targets “Up To” Claims

Advertising claims that are deceptive or misleading often draw the ire of the Federal Trade Commission. That’s why avoiding the use of potentially misleading or deceptive adverting is advisable. Of course, what seems...more

FTC Report Outlines New Privacy Framework For Handling Consumer Data

The Federal Trade Commission (FTC) issued a report in March 2012 setting forth best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their...more

Re-branding Can Be A Useful Tool For Business

Image is everything, as they say, or at least a crucial first impression. That’s why businesses, even those that have been around for many years, must remain constantly vigilant of how others, especially customers and...more

The Power of the Personal in Building and Maintaining Business Relationships

It’s been said that people do business with people they like and trust. Not with computers or apps or processes they like and trust. People. Technology has been a market-mover for many businesses, making companies...more

Sales Teams, Compensation Plans, and Driving Business

A balanced and effective compensation plan is key to motivating your sales team, and a motivated sales team may be the difference in achieving new growth in this challenging economy. But different people want different...more

The Power of the Personal in Building and Maintaining Business Relationships

It’s been said that people do business with people they like and trust. Not with computers or apps or processes they like and trust. People. Technology has been a market-mover for many businesses, making companies...more

What is the Fair Market Value of a Full Service Commercial Law Firm?

Ever wonder what your law firm is worth? Here’s a shocker: Nothing, zero, zilch, nada. While law firms around the world are scrambling for cash and the folks across the pond are counting money they will never receive...more

Citibanks’ Fourth Quarter Report on Law Firm Profitability: Bleak, But, on the Bright Side, That’s As Good As It Gets

Citibank’s 2012 year-end report on law firm profitability tells us that 2012 was the Dickensian best of times and the worst of times. Only more worst than best. It was the best of times because law firms reported a...more

Private Equity Investments in Law Firms Have arrived in the UK and Have Largely Ignored BigLaw; What Will Happen as This...

With the advent of the Tesco laws (Alternative Business Structure) across the pond, investors flocked across the pond last year in the same mad dash for riches as the hordes moved to Northern California in the gold rush of...more

Law Firms call to internationalise

One thing is for certain: the legal services sector is in the early stages of a seismic shift. Law firms that do nothing in the face of this changing landscape, do so at their peril. Let me describe the context of the...more

The Key for Law Firm Growth and Survival for the Coming Years is Contingent on Mastering Collaboration

As we face a challenging 2012, it is obvious that among the critical tools each law firm must master is the art of collaboration. For law firms to survive what will be a bumpy road, collaboration and full engagement at every...more

Much Ado About Nothing: The ABA’s Ideas About Admitting Nonlawyers to Law Firm Partnerships; “Alternative Law Practice...

The ABA’s Commission on Ethics 20/20 just issued its long awaited discussion paper on admitting nonlawyers as partners to law firms. Frankly, these guys, who are certainly smart and dedicated, just don’t get it. The...more

The End of Alternative Fee Arrangements?

Are alternative fee arrangements a relic of the past? After being on the scene for barely two years are they bound for the trash heap? The answer is resoundingly no. Rather, the market is requiring smarter and more...more

Lateral Law Firm Partner Movement in This Winter of Our Discontent

Major disruptions have historically always resulted in population shifts. The significant recent tumult in the legal profession are in fact causing a major population shift as lateral partner movement will likely reach...more

What Lawyers and Law Firm Leaders Can Learn from Derek Jeter

The remarkable and self effacing Derek Jeter just became the 28th major league baseball player to have hit 3,000 base hits. What makes Jeter so remarkable is not merely his talent as a batter and fielder, but his emergence...more

Grabbing Slices of the Diminishing Legal Spend Pie: Legal Project Outsourcing, Downsourcing and Insourcing

Demand for legal services has remained fairly stagnant for the past four years. At the same time, corporate clients, buffeted by The Great Recession and cognizant of the excess of supply over demand for legal...more

It Takes a Village to Build a Successful Law Firm; Fewer Residents of that Village are Actually Lawyers - and the Neighboring...

It used to be comparitively easy to establish a successful law firm. It used to be all about having the talents, skills and connections necessary to attract clients and then hiring the best lawyers money could buy to give...more

Alternative Fee Arrangements and Value Billing: Lesson IV – Drafting the Alternative Fee Arrangement Agreement

With the increasing proliferation of Alternative Fee Arrangements and clients’ demands for value billing, rather than hourly billing, we turn to some of the important issues in drafting an AFA agreement. Recent surveys show...more

2010 Season's Greetings From Clients: "Thanks for a great job last year. Next year we'll be paying less for your work."

Instead of typical season’s greetings from grateful clients flooding lawyers’ offices, a more ominous wave of seasonal messages are streaming in to lawyers’ inboxes. The message from clients is “Thanks for your swell work...more

Navigating the Perfect Storm: Recruiting, Training and Retaining Lawyers in the Coming Decade (Ark Press, 2010). Now Available...

Navigating the Perfect Storm will enable you to re-examine your current recruitment, training and retention processes of both law school graduates and lateral partners to ensure that your firm is in a better position to...more

5 Amazing Sales and Business Books for Attorneys

On Friday I had the honor of speaking on "Online Legal Practice Management in the 21st Century" at an event called "The Practice", a daylong nuts and bolts seminar pulled off to perfection by Brian Tannebaum and the folks at...more

Brand Management

How would you feel if a competitor set up shop in the next town using your brand?...more

Why are clients demanding and law firms submitting hundred page RFP's? Isn't there a better way?

As if lawyers don't have enough to do. In the last decade, with clients looking at the hiring of law firms through the specatcles of a purchsing agent, clients have been requiring law firms to submit lengthy, detailed...more

The end of lawyers? Pah! This is the time of the 'super lawyer'.

Is it the end of lawyers or the time of the 'super lawyer'? The future of law; Professor Richard Susskind; relationship marketing; relationship sales; soft skills; paradigm shift; commoditisation of legal services; customer...more

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