Education

J.D., The University of Texas School of Law, 1991
B.B.A., Southern Methodist University, 1987

Brent Kugler

Biography

Brent Kugler is a seasoned trial lawyer with more than 23 years of experience representing plaintiffs and defendants in complex business disputes. Brent is a prominent attorney in the direct selling industry with extensive experience in representing direct sales, multilevel and network marketing companies in lawsuits, arbitrations and regulatory matters across the United States. Formerly the General Counsel for AdvoCare International, L.P., Brent provides comprehensive legal representation to direct sales companies including advice on regulatory issues, distributor policies and procedures, compensation plans, governmental affairs and risk management. Brent is also a frequent speaker and author on developments and trends in the direct sales industry and preparing companies for litigation.

 Representative Matters

“Successful defense of $1.8 million claim brought by former distributor against direct sales skin-care company (December 2016).

$21.9 million defense victory for direct sales company Lemongrass Spa Products. (May 2016).

Successful defense of former direct sales representative in $3 million lawsuit brought by Texas-based direct sales company (affirmed by Dallas Court of Appeals in May 2014).

Obtained take-nothing summary judgment in January 2014 for defendants in shareholder dispute over control of Texas-based direct sales company.

Successful prosecution of 202 proceedings and lawsuits to obtain product seller information from online auction sites eBay, Inc., Amazon.com, LLC and Craigslist, Inc. 

Obtained take-nothing summary judgment in June 2010 to defeat $2 million lawsuit against Texas-based direct sales company. A Dallas federal court dismissed the lawsuit based upon evidence showing that the plaintiff did not own the direct sales distributorship that was the basis of the lawsuit and evidence showing that the company had fully paid all commissions owed under   the distributorship agreement to the plaintiff's former spouse.

Successfully defended direct sales company in more than 40 product liability lawsuits throughout the U.S. involving claims of catastrophic injury arising from the consumption of nutritional supplements containing phenylpropanalomine and ephedra.

Obtained summary judgment on behalf of direct sales company to defeat $3.4 million breach of contract claim arising out of manufacturing agreement.

Investigated corruption in company’s supply chain that led to a federal court lawsuit in which a unanimous jury awarded company more than $11 million in damages against former formulator of company’s products.

Representation of successful skincare company in transition from retail to direct sales business model.

Advice to start-up direct sales companies regarding consultant agreements, consultant policies and procedures and state registration requirements.

 Presentations and Publications

“Fighting for Entepreneurs: Independent Contractor Update” – Direct Selling Legal & Compliance Summit, January 2017, Dallas, Texas.

“Hope for the Best, Prepare for the Worst” - Direct Selling Legal & Compliance Summit, January 2017, Dallas, Texas.

“General Counsel/Outside Counsel Forum”- DSA Business & Policy Conference, October 2016, Washington D.C.

Preserving Independent Contractor Status” - Direct Selling Association Global Strategies Summit , October 2015 Washington, D.C. 

Panelist, “Roundtable of Leading Legal Minds” - Direct Selling Association Global Strategies Summit, October 2015 Washington, D.C.

To Shred or Not to Shred”  - Direct Selling Association Global Regulatory Conference, October 2014 Washington, D.C.

Under the Microscope – Preparing Your Company for Litigation” - Direct Selling Association, Global Regulatory Conference, October 2013 Washington, D.C.

Is Someone Soliciting Your Sales Force?” - The World of Direct Selling, June 2011

Hijinx or Hijacking – Is Someone Raiding Your Sales Force?” - Direct Selling Association Annual Meeting, June 2011 Miami, FL

"FTC Testimonials Guidelines - What You Need To Know" - Direct Selling Association Coffee Break Series, February 2010.

"He Said, She Said: Managing Product Claims" - Direct Selling Association, October 2008.

  Education and Professional Background
  • Juris Doctor, The University of Texas School of Law, 1991
  • B.B.A., Southern Methodist University, 1987
  • Salzburg College, Salzburg, Austria, 1986
  • Member in good standing, State Bar of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
  • Member, Business Litigation Section of the Dallas Bar Association
  • Supplier Member, Direct Selling Association

Dallas Office

Ph (214) 706-4200
Fx (214) 706-4211
500 North Akard Street
Suite 2700
Dallas, Texas 75201

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