Posts Tagged ‘MLM Legal’

Neways Internationaland SISEL International have announced today that they company have finally reached a resolution regarding legal battles the two companies’ have been engaged in for the last year and a half. The original suit was filed last May in a Utah court.

The two companies announced in a joint statement that they along with their affiliates and distributors have reached a global, confidential settlement that will address and resolve all legal disputes between the two.

Neways claimed that after its takeover by Golden Gate Capital in 2006, many of its distributors were recruited to SISEL by its owners, who happen to be the sons of the Neways founders. Neways promptly took SISEL to court to try and stop them from “stealing” their distributors.
To read the full scoop- check out our article from last year.

As per the agreement, neither party will admit to any wrongdoing. The settlement will remain strictly confidential. Both sides are apparently satisfied with the outcome and although neither part has released a formal statement regarding the resolution of the lawsuits, both sides say they are looking forward to moving on and focusing on their respective businesses.

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Mannatech has been awarded over $700,000 dollars in attorneys fees as a result of a recent legal dispute with Glycoproducts International.

Judge Jeff Kaplan of the U.S. District Court of the Northern District of Texas order Glycoproducts to pay $773,347 in legal fees for the successful prosecution of its infringement claims for Mannatech’s Ambrotose products.

In July of 2008 a judge handed down a ruling that Glycobiotics infringed on two of Mannatech’s patents concerning Mannatech’s Ambrotose products. The case had been ongoing for almost 2 years, originally filed in March of 2006. As part of the ruling, Glycobiotics had to immediately stop producing and selling the products specified in the case as well as deliver said products to Mannatech directly for destruction.

“Mannatech has demonstrated that it will fight to protect its intellectual property. The Court’s award of more than $770,000 in attorneys’ fees, along with the Court’s previous entry of a final judgment and permanent injunction, is further notice to all interested parties that we will do what is necessary to support our products and our independent sales Associates in the field,” said Keith Clark, senior vice president and general counsel of Mannatech.

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USANA has announced that a California State Court has dismissed a class action suit filed against the company in 2007.

The suit, filed by former USANA distributors, Jeannette Johnson and Christopher Crane-Johnson v USANA, on behalf of themselves and all others distributors was filed last summer not only against the company, but also certain officers, distributors and directors. The plaintiffs allege that, USANA failed to disclose material adverse facts about the company, its business relationships and its future business prospects. There were also claims of concealment of fraudulent activity and that USANA maintained an unsustainable business model.

An official statement from the court states that The Plaintiffs agreed to request that the court dismiss the case with prejudice and determined there was no longer any merit to maintaining a class action lawsuit

USANA and its CEO, Dave Wentz, were also pleased at the outcome, “We are pleased that the court approved this motion to dismiss. We will continue to move forward without further distraction or expense.”

This is more good news for the company that has a had a very interesting year including being able to rid itself from the annoyance of Barry Minkow’s lawsuit and move beyond the unsuccessful attempt to take the company private.

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We came across an interesting article written last week by Kevin Horrigan of the St. Louis Dispatch that was worthy of sharing. The following is Kevin’s personal perspective of YTB and his own personal experience with J. Lloyd Tomer.

There I was, reading Tim Logan’s excellent story in a Sunday’s Post-Dispatch about YTB International when a name from the past jumped out at me: J. Lloyd Tomer.

Why, just a couple of weeks ago, I’d been regaling my colleagues with a story from my days as a young general assignment reporter, and the time I found this small-town preacher who’d bought Elvis Presley’s airplane. And suddenly, there he was, on the front page of my newspaper. To quote Logan’s story:

YTB was launched in 2001 by three Alton-area veterans of the multilevel marketing industry: J. Lloyd “Coach” Tomer, a former pastor from Benton, Ill., who became a high-level salesman for insurance company A.L. Williams; his son Scott, who’s now YTB’s chief executive; and longtime business partner Kim Sorensen.

YTB (for YourTravelBiz) is based in Wood River. It is a multi-level marketing organization that sells folks a chance to become online travel agents. For $450 up front, and $50 a month thereafter, YTB members sell vacation packages. They also sell other YTB franchises. California Attorney General Jerry Brown says it’s a pyramid scheme, where only the people who get in early are likely to make any money. As Logan reported Sunday:

YTB’s 8,500 agents became 22,000 by the end of 2005. Then nearly 60,000 a year later. At the end of 2007, they had more than 131,000 agents and claimed 303,000 sales reps. Revenue boomed, too, nearly tripling to $141 million last year, when the company earned its first-ever profit. And a major trade publication ranked them the nation’s 26th-biggest travel agency.

“And it’s going to get better and better and better,” Lloyd Tomer said a weekly conference call this month.

Along the way, the Tomers prospered. Scott Tomer and Sorensen each earned $2.3 million in cash, benefits and stock last year, according to filings with the Securities and Exchange Commission. Lloyd Tomer earned $3.5 million. Top salespeople made out well, too: A couple earned more than the top execs last year, and 11 sales directors topped $800,000, according to the company’s publicly available income disclosure statement. Dozens more earned six figures.

YTB’s defenders say it’s more like like Amway and Mary Kay Cosmetics, multi-level marketing plans that deliver useful products, in YTB’s case, exotic travel and vacations. Illinois Attorney General Lisa Madigan has launched her own investigation, and two class action lawsuits have been filed in East St. Louis against YTB on behalf of disgruntled members.

But here’s the thing: If it is a pyramid scheme, it’s not the first one J. Lloyd Tomer has been involved with. Nor, for matter, is it the most unusual one.

When I met him, back in May, 1978, “Coach” Tomer was “Pastor” Tomer of the First Church of God in Benton. I drove over to visit him after reading that his church had bought a half-interest in Elvis Presley’s airplane, the Lisa Marie. Elvis had died the previous August, and the good pastor, then 44, was convinced that folks would pay $300 apiece to tour The King’s refurbished Convair 880.

Visitors would also get to hear the plane’s crew share stories about flying Elvis and his posse around the country, including the time he woke everyone up at 2 a.m. to fly to Denver where he could get his favorite fried peanut butter and banana sandwiches.

And as if the tour and tales of The King weren’t enough, Tomer told me, each and every visitor would get 12 $30 kits containing a gasoline additive called “Add-a-Tune” and a chance to sign up as a distributor for the product. Tomer’s partner, a Dallas businessman named Robert Philpott, claimed that treating your car’s engine with Add-a-Tune would boost its mileage by 2 to 6 miles a gallon.

“At times,” Tomer told me, “God says to me, ‘Go get ‘em, Tiger,’ and I go get ‘em.”

He figured the promotion would easily pay off the church’s$800,000 building debt within a year. Plus, church members would get on the ground floor as Add-a-Tune distributors, selling more distributorships and becoming wealthy. I told him it was the most elaborate church fundraising scheme I’d ever heard of. “We could have had a chili supper, I suppose,” Tomer said.

Alas, the 50-state tour that Philpott and Tomer planned for the Lisa Marie never got off the ground. By June of 1978 the Texas attorney general had quashed the marketing plan as being in violation of the state’s deceptive trade practices law. Philpott was discovered to have had problems with the IRS and the SEC. By July the Lisa Marie had been repossessed (it’s now parked near Graceland in Memphis). And a lot of people were stuck with dozens of cases of a useless oil additive.

Pastor Tomer became Insurance Man Tomer, and now is Coach Tomer. As Logan’s story recounts, he and his son are wheeling and dealing on a massive scale, renting out the Edward Jones Dome for rallies, buying and selling mansions doing lots of business with firms owned by YTB insiders.

I don’t know whether YTB is a pyramid scheme or not, but I’ve met Lisa Madigan and I would not like to have her on my trail. Maybe the Coach should have stuck to chili suppers after all.

We welcome anyone’s own personal experience with any company.  Our reason for profiling YTB was based on the recent news for the embattled company and the high level of attention they have been getting as of late.

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