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 the defendants’ company.

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Posted in Cross-recruiting

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.

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Posted in Jurisdiction, Policies and Procedures

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.

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Posted in Securities Law

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 deleted at any time. The Texas trial court and appellate court disagree. Max’s arbitration provision in its policies and procedures is not “illusory,” at least according to these Texas courts.

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Posted in Arbitration, Policies and Procedures

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 appellate court affirmed.

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Posted in Insurance
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