Recent Blog Posts

Proving Damages in a Commercial Disparagement Case

By Donald W. Hudspeth | Published July 24, 2024 | Posted in commercial disparagement | Tagged Tags: Commercial Disparagement, Legal Action, Lost Revenue | Leave a comment

When false negative information about a company, its employees or its products and services is spread, it can quickly damage the company’s goodwill and reputation. This is known as commercial disparagement and it can provide the injured company with grounds for legal action and potential compensation. However, in such cases, damages are not automatically presumed. Read More

Why You Shouldn’t Enter a Business Contract Without a Lawyer

By Donald W. Hudspeth | Published July 17, 2024 | Posted in contract drafting | Tagged Tags: business environment, Business Operations, cut costs, generic contracts | Leave a comment

In today’s fast-paced business environment, the temptation to cut costs wherever possible is understandable. However, one area where cutting corners can prove particularly risky is in the realm of business contracts. Many entrepreneurs and business owners may opt to use standard, off-the-shelf contracts or templates found online to save time and money. While this approach Read More

Guidance for FinCEN Benefit Ownership Information Reporting

By Donald W. Hudspeth | Published July 10, 2024 | Posted in regulatory counsel | Tagged Tags: asset hiding, Beneficial Ownership, FinCEN, money laundering | Leave a comment

The Financial Crimes Enforcement Network (FinCEN) has implemented the Beneficial Ownership Information (BOI) reporting rule in compliance with the Corporate Transparency Act (CTA) of 2021. This rule aims to enhance the ability of FinCEN and other agencies to protect U.S. national security and the U.S. financial system from illicit use. As a result, many privately Read More

The Benefits and Limits of Domestic Asset Protection Trusts

By Donald W. Hudspeth | Published July 3, 2024 | Posted in Business Law | Tagged Tags: Asset Protection, Estate Planning, estate taxes, fraudulent | Leave a comment

Domestic asset protection trusts (DAPTs) are sophisticated legal tools designed to protect an individual’s assets from creditors and potential lawsuits while allowing the individual to retain some benefits of the assets. While traditionally, asset protection trusts were established offshore, DAPTs offer a domestic alternative with certain advantages and limitations. These are the principal purposes of Read More

How Businesses Can Make Effective Use of Strategic Partnerships

By Donald W. Hudspeth | Published June 26, 2024 | Posted in Business Law | Tagged Tags: Agreements, Governance Structure, Strategic Partnerships | Leave a comment

Strategic partnerships are alliances between businesses designed to achieve objectives that would be difficult or impossible to accomplish independently. These partnerships can take various forms, such as joint ventures, licensing agreements, or co-marketing arrangements. The value of strategic partnerships lies in leveraging each partner’s strengths to create a synergy that drives growth, innovation and competitive Read More

What Goes Into Due Diligence in a Business Purchase?

By Donald W. Hudspeth | Published June 19, 2024 | Posted in Business Law | Tagged Tags: Acquisitions, Due Diligence, Mergers, Tax Implications | Leave a comment

Conducting due diligence is a critical process in mergers and acquisitions (M&A). It consists of the buyer’s meticulous evaluation and analysis of a business or asset before signing a contract. The primary purpose of due diligence is to enable buyers to gain a clear understanding of the target company’s assets, liabilities, operations, financial performance and Read More

Implications of the FTC Ban on Noncompete Agreements

By Donald W. Hudspeth | Published June 12, 2024 | Posted in Business Law | Tagged Tags: Noncompete agreement, policy-making, Restrictive covenants | Leave a comment

A noncompete agreement is a contractual term between an employer and an employee that restricts the employee’s ability to work for a competing business or start a competing business within a certain geographic area and time frame after leaving the employer. In April 2024, the Federal Trade Commission (FTC) announced a final rule banning noncompete Read More

What is Tortious Interference and What Are its Consequences?

By Donald W. Hudspeth | Published June 5, 2024 | Posted in Business Law | Tagged Tags: aggrieved party, breached contract, business, business relationship, contract, Tortious Interference | Leave a comment

In the competitive world of business, unfair and disruptive tactics can sometimes come into play. Fortunately, there is a legal cause of action by which businesses can protect themselves from such conduct, allowing them to seek compensation for financial losses caused by what is known as tortious interference. Simply put, tortious interference is a civil Read More

Why Every Closely Held Company Needs a Buy-Sell Agreement

By Donald W. Hudspeth | Published May 29, 2024 | Posted in Business Law | Tagged Tags: business, Buy-Sell Agreement, Controlling ownership | Leave a comment

You and your partners have poured years of blood, sweat, and tears into building your closely held business. It’s thriving, and the future looks bright. But what happens if one of you decides to leave, becomes disabled, or passes away unexpectedly? Without a plan in place, this unforeseen event could throw your business into disarray. Read More

Common Issues Arising Under Construction Contracts

By Donald W. Hudspeth | Published May 22, 2024 | Posted in construction law | Tagged Tags: Construction Contracts, contractor, Phoenix construction | Leave a comment

Construction projects are intricate undertakings, and even the most meticulous plans can encounter unforeseen issues. These challenges often surface in the form of disputes arising from the contract itself. Here are some common sticking points and methods for dealing with them. One frequent source of contention stemming from construction contracts is whether the work was Read More

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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Mark S. Hamilton

Attorney

About Attorney Mark S. Hamilton has experience handling all aspects of civil and commercial litigation in federal, state, and tribal courts at the trial and appellate levels. Practice Areas Business litigation Commercial litigation Education University Of Hawaii Wm. S. Richardson School Of Law, Juris Doctor - 2002 University Of Hawaii, Master Of Arts in Asian…

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Proving Damages in a Commercial Disparagement Case

Why You Shouldn’t Enter a Business Contract Without a Lawyer

Guidance for FinCEN Benefit Ownership Information Reporting

The Benefits and Limits of Domestic Asset Protection Trusts

How Businesses Can Make Effective Use of Strategic Partnerships

What Goes Into Due Diligence in a Business Purchase?

Implications of the FTC Ban on Noncompete Agreements

What is Tortious Interference and What Are its Consequences?

Why Every Closely Held Company Needs a Buy-Sell Agreement

Common Issues Arising Under Construction Contracts

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