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Addressing Business Succession Concerns When Assuming Leadership

Accepting a new leadership role within an organization is a major career opportunity. The experience and title that come from that position can lead to even more lucrative opportunities in the future. Many successful organizations now specifically mandate that those in executive positions and other leadership roles engage in succession planning within a set period Read More

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Important Inclusions in Business Partnership Buy-Sell Agreements

Buy-sell agreements are essential elements when two or more parties form a legal partnership. The contract established when people intend to start and operate a business together is strongest when it includes clear instructions for what occurs at the end of that working relationship. In scenarios where partners might later sell their interest to one Read More

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Creating a Joint Venture While Minimizing Financial Exposure

Joint ventures are distinct in several ways from business partnerships. Establishing a joint venture involves committing to the completion of a specific project with one or more outside parties. It is typically not meant to be an indefinite arrangement as a partnership might be. Instead, it is a collaborative effort to combine resources, knowledge and Read More

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How Companies Can Restructure Proactively to Position for Growth

Proactive restructuring means strategically redesigning a company’s organization, processes and agreements: not as a response to crisis, but as an investment in future potential. As companies scale up — adding more people, products and markets — they naturally encounter more complexity. Without foresight, this complexity can threaten hard-won momentum.  As startups mature, their informal, adaptable Read More

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What Companies May Miss During Early-Stage NDA Negotiations

Nondisclosure agreements (NDAs) are often treated as routine paperwork — a quick box to check before meaningful negotiations begin. But early conversations frequently involve some of the most sensitive information a company will ever share: strategic plans, pricing models, customer insights, product roadmaps and technical know-how. When the NDA is weak or incomplete, damage can Read More

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Hidden Traps in Commercial Leases: What Tenants Often Overlook

Commercial leases may seem straightforward at first glance, but they contain obligations and risks that can significantly affect a tenant’s operations and financial stability. These agreements can be heavily tilted in the landlord’s favor unless tenants know what to look for. Understanding the hidden traps before signing can prevent costly surprises down the road. Here Read More

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Crafting Commercial Contracts to Reduce Operational Risk

In commercial relationships, there is the possibility of loss resulting from inadequate or failed internal processes or external events. The structure of a contract — that is, how its provisions are organized and made operational — can play a central role in lessening disruptions. A poorly structured contract can lead to scope creep, missed obligations Read More

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LLC Operating Agreements 101: Don’t Use a Standard Online Template

In the age of instant access, online “standard template” LLC operating agreements lure new business owners with vaunted speed, simplicity and low cost. But this convenience is an illusion. Limited liability companies are adaptable to the specific needs of their owners. No two LLCs are exactly alike. Relying on a generic template assumes facts and Read More

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Force Majeure in the Modern Era: What Is an “Unforeseeable Event”?

The “force majeure” clause has long lingered in the shadows of business contracts, being viewed as routine legal boilerplate. But in the face of disruptions like the Red Sea shipping crisis and the sweeping 2020 lockdowns and business failures, these paragraphs have leapt to center stage. In an era some have called “permacrisis” — a Read More

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Is Your Business Sale-Ready? A Pre-Due-Diligence Checklist

Most business owners focus on valuation only when they think about selling. But in practice, deals fall apart not because of price, but because of what buyers uncover during due diligence. Surprises slow negotiations, reduce leverage and can even kill a transaction. Preparing early — ideally 12 to 24 months before going to market — Read More

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Donald W. Hudspeth Attorney Photo
Donald W. Hudspeth
Principal Attorney

Attorney Donald W. Hudspeth has more than twenty years’ experience practicing corporate and business law. Before attending law school, Mr. Hudspeth held a stock brokers license at the age of 21 and owned his own business at the age of 23. He was a business law professor at Arizona State University, West Campus, and has conducted classes and seminars for a number of higher institutions and organizations. Mr. Hudspeth has published two books on law and is the founder of the radio programs Law on the Edge and Law Talk.

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