At today’s public meeting, the FTC voted unanimously to issue an Advance Notice of Proposed Rulemaking (ANPR) taking into consideration extensions and revisions to the existing Business Opportunity Rule (“BOR”). ) from the FTC. This will be the first revision of the BOR since its promulgation in December 2011. In her statement announcing the ANPR, Chairperson Khan noted that “[t]”rule had served the public well over the years”, but “several varieties of scams. . . fall outside the scope of the existing rule, [including] certain types of business coaching and work-from-home programs, investment programs, and e-commerce opportunities. In a familiar refrain from the FTC’s push for rulemaking, Chairman Khan argued that “case-by-case application has critical limitations, especially after the Supreme Court’s AMG decision.” concluding that the FTC had no authority to obtain equitable monetary relief under section 13(b). ).

Notably, the ANPR has not identified any specific proposals under consideration to broaden the scope of the rule, except to highlight work-from-home programs, investment coaching programs, and e-commerce opportunities like being generally outside the scope of the current BOR. ANPR also notes that the Commission may consider comments previously submitted in response to ANPR on income claims as an admittedly related undertaking (which we have discussed here) and noted that it “solicited and received comments on the following industries: multi-level marketers, for-profit schools and gig platforms” for this ANPR. Today’s ANPR does not specifically address direct selling companies, schools for-profit and/or the gig economy, although it remains possible that revisions to the BOR could potentially sweep away the practices of these groups.

What is the “Business Opportunity Rule”?

The BOR, as currently drafted, enforces a “business agreement” in which a “seller solicits a prospective buyer to engage in a new business”; the “prospective purchaser makes a required payment”; and “Seller expressly or by implication, orally or in writing, represents that Seller or one or more designees” (1) will provide locations for Buyer’s Equipment, such as a vending machine; (2) provide outlets, accounts, or customers for Buyer’s goods or services; or (3) repurchase some or all of the goods or services that Buyer manufactures or provides. The BOR was an offshoot of the original Rule on Disclosure Requirements and Prohibitions Regarding Franchising and Business Opportunity Businesses, which was later split into the Franchise Rule and the BOR.

The BOR requires sellers of business opportunities to provide a highly prescriptive disclosure document that includes information on possible earnings and related rationale, involvement in certain legal actions, cancellation or refund policies and related terms, along with a list of references who have purchased the business opportunity within the past three years. The current BOR also includes a list of prohibited claims and misrepresentations and prescribes requirements for sales in languages ​​other than English.

What is the FTC seeking comment on?

ANPR invites comments on a range of specific and general questions related to the BOR, including:

• Whether the BOR or any specific provision of the BOR should be retained, eliminated or modified;
• Whether the BOR should be expanded to more broadly cover other types of money-making or business opportunities, including coaching or mentoring programs, e-commerce opportunities, and investment opportunities;
• If the BOR overlaps or conflicts with any other federal, state, or local laws or regulations;
• Whether changes are needed to address practices that disproportionately affect low-income communities, communities of color, and other historically underserved communities.

Interested parties will have 60 days after ANPR’s publication in the Federal Register to provide comments and feedback. Although Commissioner Wilson did not consistently vote for new ANPRs, she did vote for this ANPR and emphasized at the public meeting the need to correct market information symmetries and allow potential investors to take better decisions.

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Major League Baseball’s offseason is on. We are now over a week away from the end of the World Series, General Manager Meetings took place last week and free agency is officially underway. Now, it could still be quite slow for a few weeks. First, players who received extended qualification offers still have until Tuesday to accept or decline them. Either way, things generally move slowly, but that’s the problem here for the immediate future.

Be sure to check out Mike Axisa’s handy list of key dates of the off-season for more information. Also, here RJ Anderson’s Top 50 Free Agents.

As for Monday’s rumors, let’s take a look.

Verlander sees big spenders good

Free agent and likely AL Cy Young winner Justin Verlander may be headed elsewhere after winning his second ring with the Houston Astros. Ken Rosenthal reports that the 39-year-old future Hall of Famer could be open to a bigger deal with a big-spending competitor like the Los Angeles Dodgers, New York Yankees or New York Mets. The Mets are likely to be hit hard by free agency in the rotation, which explains their potential interest. As for the Yankees, they could use an extra front-row starter, and the Dodgers have a rich recent history of adding superstar depth to a roster that’s been a colossus for some time. Yes, Verlander is pushing 40, but the skills seem to be very much intact. It’s ideal for a winning club now with World Series designs.

Astros targeting Rizzo

Rosenthal also reports that the world champion Houston Astros named Anthony Rizzo as “their #1 free agent target at first base.” Starting first baseman Yuli Gurriel is also a free agent, and he showed signs of falling hard at home plate last season. Rosenthal, however, notes that a rematch with Gurriel remains a possibility, as does a pursuit of José Abreu.

As for Rizzo, 33, he is coming off a productive 2022 campaign with the New York Yankees. In 130 games, Rizzo cut .224/.338/.480 (131 OPS+) with 32 circuits. The Yankees likely have some interest in bringing Rizzo back, and that interest could be mutual. If so, then the Astros may have to come higher than New York.

Pérez likely to accept the qualifying offer

Left-hander Martín Pérez has just completed his career year. He made the All-Star team for the first time and was 12-8 with a 2.89 ERA (136 ERA+), 1.26 WHIP and 169 strikeouts-69 walks in 196 1/3 innings for the Rangers. He compiled 5.0 WAR and his previous career high was 2.3, back in 2017. At 31, it looks like this is the biggest payday opportunity of his life.

In place, MLB Network’s Jon Morosi reports that Pérez is likely to accept Texas’ qualifying offer. It’s a one-year deal for $19.65 million, so it’s not pennies or anything, but it sure looks like he could get a multi-year contract in free agency.

Several teams interested in Lugo as a starter

Just to illustrate how much teams are willing to pay to start pitching, former Mets starter Seth Lugo’s market is “robust,” according to The Athletic, with several teams considering Lugo as a rotation option.

In 38 career starts, Lugo is 15-10 with a 4.35 ERA, 1.34 WHIP and 174 strikeouts in 194 2/3 innings.

In 237 relief appearances, Lugo has a 2.91 ERA, 1.05 WHIP and 334 strikeouts in 300 innings.

The rays continue to explore the trades of 40 men

The Rays have already traded Ji-Man Choi and declined the option on Kevin Kiermaier’s contract. Let’s go back a week…

Sure enough, the Rays have been active in polishing their roster in the days since and they will continue to do so. Morosi reported Sunday that the Rays “are engaged in advanced trade negotiations” and that we should expect to see several trades before Tuesday’s deadline to add players to the 40-man roster to protect them from the draft. Rule 5. In other words, they are looking to weed out veterans from the 40 player to protect against losing younger players to Rule 5.

Surely there are plenty of teams looking in the direction of Tyler Glasnow and Randy Arozarena, but in all likelihood here – with the deadline looming and the scramble happening – the roster will be edited at the margins instead of being cut. .

Hayes has an extremely solid floor of two shots, a number he has reached in seven straight games. I’d say that’s a great parry leg (-350 on FD), if you will. I love that he’s made it to 3+ simply because of the success he has against Ottawa.

He had four SOGs against them last week, scoring the sixth game in a row he finished with over 2.5 SOG against the Senators.

Reasonable shot odds are getting hard to come by, and I’m happy to load Hayes here at -110. The center also scored against the Senators last week, so we’ll add his goal to our day.

.5u: Hayes goal (+285 CZR)

.5u: Goal by Claude Giroux (+215 CZR)

It’s going to be a popular play today and I definitely want to join in the fun. Claude Giroux returns to Philadelphia today, a place he has called home for 15 seasons.

He played his old team last week in Ottawa and scored, and he’s had five goals in his last five games. In front of his former fans, you have to like Giroux to deliver a goal here.

Edmonton-Florida SGP Shot parlay (+400 CZR)

• Matthew Tkachuk on 3.5 SOG
• Sam Reinhart on 2.5 SOG
• Sam Bennett on 2.5 SOG

It’s our only exception to the title that brought you here. Besides Sam Reinhart (-110), the others here have odds at -130 or worse, which puts them in betting territory. Instead of mixing and matching different combinations, the best course of action I see is to throw them all in one bet.

This option is available on Caesars, Bet365 and Fliff. If you don’t have any of these books, I recommend considering Tkachuk 5+ shots (+146 FD) and Reinhart straight.

Florida is averaging over 40 shots per home game as a team, and as you’d expect, all of the names above have made home shots in virtually every game.

Edmonton is allowing 36 shots per game on the road and the most power play opportunities per game. The Panthers should be able to get their usual volume this afternoon.

I placed a full unit on this trio.

I want a goalscorer in this match and I will go for Matthew Tkachuk who has just come out of suspension. He leads the Panthers in shot attempts and power-play shots, and should pick up where he left off. Reinhart and Bennett are also good options.

.5u: Goal by Tkachuk (+150 CZR)

Mika Zibanejad on 3.5 SOG (+105 DK)

It’s always a good idea to consider some power-play shooters when having the pleasure of facing Nashville. The Preds are allowing the 14th most power play opportunities per game this year at 3.57, which is good enough for me to consider them a target for PP shooters.

There’s no better power-play shooter right now than Mika Zibanejad, who had a league-high 28 shots with the man advantage.

Zibanejad is over 3.5 shots in four straight road games and had five SOGs in both games against Nashville last year. Love the spot and the odds, we will also add a goal bet for him.

.5u: Goal by Zibanejad (+160 CZR)

Trevor Zegras on 2.5 SOG (-110 DK)

I love this place for Trevor Zegras. He’ll face a Blackhawks team allowing 35.8 shots per game on the road, and Chicago offers the third-most power-play opportunities per game. They also allow the seventh most shots at the center position.

Zegras, the Ducks’ young center, is second on the team in PP shots and is coming off a six-goal game. He’s over 2.5 SOG in three of his last four home games and topped 2.5 shooting in all three meetings with Chicago last year.

0.5u: Goal by Zegras (+190 CZR)

Jonathan Toews on 2.5 SOG (+125 DK)

We stay in this game and take phenomenal chances on Jonathan Toews to get past three shots. First of all, they are the Ducks, the best team to target for shots in the NHL.

Anaheim allows the most shots per game to centers and the fifth-most power-play opportunities.

Toews leads Chicago in PP shots and has come alive over the past two games, making 11 shot attempts and eight SOG. He averaged 3.3 SOG/game in three games against the Ducks last year. No team allows more goals per game than Anaheim, and Toews has scored one in 50% of its games this season.

.5u: Goal by Toews (+240 CZR)

Ming-Mendoza lost to challenger Linda Andreas, 49,573 to 46,842, according to unofficial results.

Andreas thanked his supporters in a post on his campaign Facebook page.

“I am humbled and honored for your support, your encouragement, your volunteer hours, your prayers and of course your vote,” she said. “From campaigning to fundraising, I am amazed at the willpower and hard work that so many of you have invested in time and money. To my friends new and old in Madison County, I promise to do my best to serve you.

Ming-Mendoza did not respond to a request for comment late Wednesday morning.

With the defeat of Ming-Mendoza and the unopposed victory of Madison County Sheriff-elect Jeff Connor, the Republicans hold all but one countywide office, that of Coroner Steve Nonn.

Outgoing Treasurer Chris Slusser and Regional Superintendent of Schools Robert Werden were also unopposed.

Republicans also dominated local judicial races, winning all three seats in the controversial 3rd Judicial Circuit sub-circuit.

The creation of sub-circuits and the application of these new districts to this race in Madison County rather than waiting two years as in other areas new sub-circuits have been imposed, is currently the subject of of judicial review. Despite complaints from Republicans that the sub-circuits were created to give political advantage to Democratic candidates, Republican candidates dominated these races.

Sitting Circuit Judge Christopher Threlkeld edged retired Associate Judge John Barry Julian, 13,439-13,039. Wood River attorney Tim Berkley beat Associate Judge A. Ryan Jumper, 13,749-12 687. And sitting Circuit Judge Amy E. Sholar beat Alton’s attorney, Ebony R. Huddleston, 14,994-11,556.

Races in two local health districts were uncontested.

County voters also had to consider a number of local referendums.

Madison County voters overwhelmingly approved an advisory referendum against the judicial sub-circuits, 82,018 to 11,679.

Voters in Leef and New Douglas Townships were asked to consider separating from Chicago to form a new state. Both advisory referendums were overwhelmingly approved, 213-72 in Leef Township and 141-65 in New Douglas.

Voters in the townships of Collinsville and Foster have been split over the referendums on electric aggregation. Collinsville Township voted against, 1,26101,081; while Foster Township voters approved, 986-842.

In Edwardsville Township, voters approved by 9,685 to 5,374 an advisory referendum on whether the federal government should create universal health care.

In Collinsville, voters overwhelmingly rejected ending autonomy, 5,442 to 2,106.

In the Glen Carbon Centennial Library District, voters had an advisory question about whether the library should promote drag queen events to minors. Voters rejected the idea 3,918 to 1,741.

For more information, visit madisoncountyvotes or https://www.co.madison.il.us/departments/county_clerk/elections/index.php.

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On a cloud day in September, Eric Toney, the Republican candidate for Wisconsin attorney general, called a press conference. Flanked by local police, Toney was in Milwaukee — a city he says is becoming a “shooting gallery” — to announce a signature campaign policy: strip local District Attorney John Chisholm of power.

“I refuse to accept this as the new normal,” Toney said of a 91% increase in Milwaukee’s murder rate since 2019. “That’s why I advocated granting our prosecutor general of the initial prosecuting authority here in Milwaukee so that we can catch the crime that they can’t or won’t prosecute.

Across the country, Republican state lawmakers are demanding the same, stripping power from local prosecutors who have passed reforms aimed at reducing mass incarceration. But these power grabs are not limited to crime. They concern the implementation of the minority rule. State politicians strip autonomy from local voters in hopes of earning points to crush cities they portray as lawless and ungovernable.

“[Toney is] carelessly – and for motivated political gain – using race-coded rhetoric to invite the open usurpation of the legal order established by the state itself and the state constitution,” said Atiba Ellis, Professor of law and expert in voting rights at Marquette University in Milwaukee. “And it’s a dangerous game.”

Toney’s proposal is that if elected in November, he, not Chisholm, would make the charging decisions for Milwaukee County, where about 70 percent of Wisconsin’s black population lives. Chisholm, first elected in 2007, had come to national attention as a reformer who sought to implement a “paradigm shift” in the way district attorneys operate, paving the way for other progressive prosecutors in cities like Boston, Chicago, St. Louis, Philadelphia and San Fransisco.

Chisholm wouldn’t be the first DA to face this anti-democratic gamble. In St. Louis County, after Wesley Bell was elected on a progressive platform in 2018, the Missouri state legislature drafted a bill that would refer criminal complaints to the Missouri attorney general for he examines whether Bell’s office chose not to charge them. Earlier this year in Florida, Governor Ron DeSantis suspended Hillsborough County Attorney Andrew Warren after he said he would defy the 15-week abortion ban championed by DeSantis.

As a demagogue crime Republican in the weeks leading up to the 2022 midterm elections, Pennsylvania state lawmakers filed articles of impeachment against progressive Philadelphia prosecutor Larry Krasner, who had been solidly re-elected in 2021. Republican candidate for Minnesota attorney general, Jim Schultz, threatened to follow Toney’s lead if progressive candidate Mary Moriarty took control of the Hennepin County prosecutor’s office in Minneapolis.

Since the 2020 election, Republican leaders in Wisconsin like Robin Vos have publicly expressed a preference for excluding Milwaukee from state elections. With Eric Toney’s original jurisdictional plan, they’ll do one better: disempower Milwaukee voters in their own local elections.

Next week, in addition to choosing who will represent them in Montgomery and Washington, D.C., voters in unincorporated areas of Baldwin County will decide whether to let the county commission regulate noise, pollution, litter and other nuisances. .

“It’s an example of, for us to get better, as we grow,” now-retired county commissioner Joe Davis said June 21 when the Baldwin County commission voted to authorize the November 8 referendum. “It’s about us looking at ‘my rights end where yours begin’, being good neighbors and growing in a way that will allow us all to enjoy paradise.”

The Alabama state legislature does not allow self-government, so county governments cannot act as a legislative body. But in 2005, the legislature passed the Limited Home Rule Act, which gives counties the power to enact nuisance bylaws, if county voters agree. Since then, about 20 counties across the state have implemented it, including Mobile, Escambia, Madison, and Shelby counties.

This summer, the Baldwin County Commission voted unanimously to ask the probate court judge to set up a referendum election to implement the law. Only voters in unincorporated areas of the county will be asked to vote, as municipalities already have the power to implement their own laws.

The legislation was created by the Alabama Association of County Commissions (ACCA). By law, unsanitary sewage, noise, waste, pollution, weeds, animals, and dumps can be regulated by county commissions if citizens consent. Without the law, counties have no power to regulate these nuisances, just the state legislature.

Oct. 28—MARIETTA — Until further notice, Jerica Richardson will remain a serving member of the Cobb Board of Commissioners.

That’s according to President Lisa Cupid, who told the Kiwanis Club of Marietta on Thursday that the steps taken at a contentious meeting this week to reverse the county’s redistricting by the General Assembly will stand.

In a heated meeting Tuesday night, Democratic members of the Board of Commissioners voted to invoke the county’s “bylaws” powers and effectively redistrict the county themselves. The measure was the council’s long-awaited response after Republican lawmakers removed Richardson from his seat earlier this year in a card signed by Gov. Brian Kemp.

Otherwise, Richardson would have been forced out of her seat on Jan. 1 when the Republican maps go into effect. The map adopted by the council keeps Richardson in its District 2.

Responding to a question from Alice Summerour, a member of the county’s SPLOST Citizens’ Watch Committee, Cupid said the council’s actions stand for now.

“So if there’s no further action on our action, it can continue to stay,” Cupid said. “…If this ends up in the court system, things can change. And what happens to him will depend on when it happens.”

And ending up in court is almost certain, Richardson and legal observers said, with Republican officials in the state likely to challenge Cobb’s rulings.

After her speech, Cupid told the MDJ that she hadn’t heard anything about what the state might do or when. A spokesperson for the secretary of state’s office, where the new map will be filed, did not respond to a request for comment.

But Cupid, herself an attorney, said she was confident the county’s action was not intended to “raise false hope”.

“I don’t want to cite specifics, but … I’m satisfied, based on the backgrounds and experiences of those who serve in our county attorney’s office, that they would not have advanced this unless they felt like it was a new area, an area that hadn’t been touched on,” she said.

The story continues

A General Assembly attorney wrote in a memo that the county was overwhelmed by the issue and had “no constitutional authority” to execute the redistricting. Cupid said those counterarguments were considered before the council moved forward.

“I’m not a judge. I can’t tell you what the outcome will be, but I felt pretty good after going through the legal documents that this was an opportunity. We’re not here to waste the court’s time.” , she says.

Transit tax

The other issue raised before the board this week is Cobb’s failed attempts to expand public transit through a sales tax referendum.

After an initial effort to get a referendum off the ground earlier this year, Cupid now plans to relaunch the process and push for a vote in 2024.

“I realized we needed to take a step back. Even though I’ve been on the council for 10 years, we’ve had new commissioners come to our council and they really needed to have a stronger voice on the way this project was moving forward,” she said.

Some of his board colleagues — and Cobb’s mayors — have favored a five-year sales tax with limited focus on surface improvements like intersections, trails and sidewalks.

But Cupid was the main advocate on the board for a larger, heavy-duty mass transit package that would last 30 years. His persistent argument has been that putting a five-year option on the ballot first would condemn the 30-year tax.

“Who’s going to vote to be double-taxed on transportation in two election cycles?” she told the MDJ on Thursday. “You could put them (on the ballot) simultaneously. That’s more bearable for me than putting the fives before the 30s.”

Cupid added that there are also ways to fit both types of projects into a 30-year-old package. State law, she said, allows such road projects such as intersection improvements and the like to be included in a transit pass if they “make it easier to access transportation by common”.

“There’s always going to be this thought, we’re going to increment our way to get to where we need to be. But incrementally, you don’t transfer those dollars to get to a big project. You use them on small projects,” she says. “…I just think it kicks the box for considering something transformative.”