Foley & Lardner LLP partners Edward Burbach, Craig Florence, and Michelle Ku are named ‘Litigators of the Week’ by The Am Law Litigation Daily for their defense of direct selling skincare and wellness company Neora and its founder in a historic win against the U.S. Federal Trade Commission in a bench trial in Dallas.
“We at Foley are very proud of our interdisciplinary team who worked tirelessly together to achieve this victorious result for Neora,” said Burbach in Foley’s announcement of the victory following a more than seven-year legal battle.
“The stakes for us as trial lawyers were as high as they come,” Michelle told The Am Law Litigation Daily. “By the time we went to trial, the unending negative publicity associated with merely being the target of the FTC had already severely impacted Neora’s operations, including causing the loss of employees, brand partners, and sales. These were very serious charges that, if successful, would have most assuredly shut down the company.”
Florence noted the client’s unwavering faith in their case and in Foley’s representation, as well as the assist of an amicus brief from the Direct Selling Association, saying, “Their members, and other companies with models similar to Neora’s, can now take more comfort that the FTC will need to apply the proper definition of a pyramid scheme and only seek injunctive relief to prevent ongoing violations of law.”
When asked what he will remember most about the case, Burbach said, “The courage of Neora and its founder Jeff Olson to take on the FTC. The great interdisciplinary Foley team and its wonderful attention to detail. And finally, the wisdom of the court.”