Practice Areas

Direct Selling
Multilevel and Network Marketing
Business Litigation
Litigation involving Dietary and Nutritional Supplements
Product Liability Litigation

Practice Emphasis

Brent Kugler is a prominent attorney in the direct selling industry with more than 14 years of experience in representing direct sales, multilevel and network marketing companies. Formerly the General Counsel for successful direct sales company AdvoCare International, L.P., Brent provides comprehensive legal representation to direct sales companies including representation in litigation, arbitration and regulatory matters as well as advice on regulatory issues, distributor policies and procedures, compensation plans, governmental affairs and risk management.

Representative Matters

Obtained summary judgment in June 2010 to defeat $2 million lawsuit against a Texas-based direct sales company. A Dallas federal court dismised the plaintiff's claims based upon evidence 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 amounts owed pursuant to 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

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

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

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