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What Goes Into Due Diligence in a Business Purchase?

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

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Implications of the FTC Ban on Noncompete Agreements

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

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What is Tortious Interference and What Are its Consequences?

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

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Why Every Closely Held Company Needs a Buy-Sell Agreement

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

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Common Issues Arising Under Construction Contracts

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

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The Cornerstone of an LLC — a Strong Operating Agreement

A limited liability company (LLC) is a highly advantageous form of business organization. Like a partnership, members join forces to achieve a common goal. But unlike a traditional partnership, LLC members benefit from a shield — they’re generally protected from personal liability for the company’s debts. The key to a smoothly functioning LLC lies in Read More

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Finding the Right Legal Partner for Your Small Business

Running a small business is an exciting endeavor, but it also comes with its fair share of challenges. One critical aspect that can often be overlooked is the importance of legal counsel. While legal fees may seem like an unnecessary expense, having an attorney on your side can prevent costly mistakes and navigate complex situations Read More

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Why Your Company Needs a Comprehensive IP Strategy Plan

In today’s information-driven economy, innovation is the lifeblood of success. Companies invest heavily in research and development, creating unique products, processes, and ideas. But innovation alone isn’t enough. Without a strong defense, these valuable assets are vulnerable to imitation and exploitation.  This is where a comprehensive intellectual property strategy plan comes in. It is a Read More

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Essential Elements of a Strong Partnership Agreement

A successful business partnership thrives on clear communication, shared goals, and a well-defined framework for collaboration. A strong and workable partnership agreement acts as the cornerstone of this framework, outlining rights, responsibilities, and contingencies for various situations that may arise. The following are elements that should be included in most every partnership agreement: Contributions and Read More

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Restrictive Covenants in Arizona Employment

In today’s information-driven business environment, Arizona employers often rely on restrictive covenants to protect their confidential information and customer relationships. These agreements limit employees’ ability to compete with the employer after the term of employment ends. However, Arizona law takes a balanced approach when it comes to enforceability of such agreements, recognizing both the employer’s 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.

Mark S. Hamilton Attorney Photo
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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