Author Archive

Donald W. Hudspeth

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Different Types of Territorial Restrictions in Franchise Agreements

By Donald W. Hudspeth | Published September 16, 2026 | Posted in Franchise Purchase | Tagged Tags: authorize, benchmarks, boundaries | Leave a comment

Entrepreneurs considering a franchise opportunity have a wide array of immediate and long-term concerns. For some, brand recognition is most important, while others make their decision based on initial investment costs and anticipated returns. No matter what type of industry you’re looking to enter, you should pay close attention to the territorial rules proposed within Read More

The Declaration of Independent Business Status Under Arizona Law

By Donald W. Hudspeth | Published September 9, 2026 | Posted in Business Law | Tagged Tags: contract, employee, labor | Leave a comment

It is critical for a business to know whether a given worker is an employee or an independent contractor under the law. This determination affects a wide range of issues, including eligibility for overtime pay, access to benefits and workers’ compensation coverage. Different states utilize different standards when it comes to a worker’s status, and Read More

Do LLC Members and Managers Owe a Fiduciary Duty to the Company?

By Donald W. Hudspeth | Published September 2, 2026 | Posted in Corporate Litigation | Tagged Tags: business owners, entrepreneurs, fiduciary duties | Leave a comment

Throughout Arizona, and elsewhere in the United States, many entrepreneurs opt to register their new business as a limited liability company (LLC). This type of legal entity offers many advantages to owners, shielding them from personal liability while relieving them from the formal requirements associated with a corporation. However, the statutory framework that governs LLCs Read More

Maharishi Foundation Sues Former Student for Trademark Violation and Unfair Competition

By Donald W. Hudspeth | Published August 26, 2026 | Posted in Trademarks and Unfair Competition | Tagged Tags: business, suit, transcendental meditation | Leave a comment

Even the most peaceful environments are not immune to trademark disputes. Students attend Maharishi University in Fairfield, Iowa to learn the practice of transcendental meditation. While some people use “TM” as an abbreviation for transcendental meditation, those letters also signify that the phrase is a registered trademark of Maharishi Foundation USA, which operates the university. Read More

Court Removes Agreement from Public Record in Law Firm Partnership Dispute

By Donald W. Hudspeth | Published August 19, 2026 | Posted in Partnership Disputes | Tagged Tags: business, Shareholder, trade secret | Leave a comment

Partnership disputes and other conflicts among the owners of a business a fraught with risk for the participants. Should the disagreement wind up on court, the litigation could sap the company’s resources and distract the people in charge. Another concern is that publicity from the proceeding could harm the reputation of the business and everyone Read More

Making the Most of Discovery Day as a Potential Franchisee

By Donald W. Hudspeth | Published August 12, 2026 | Posted in Franchise Purchase | Leave a comment

A franchisor’s “Discovery Day” is a critical early step for anyone exploring the idea of becoming a franchisee. This encounter provides a chance for both sides to evaluate a potential business relationship. To make the most of this introductory meeting, prospective franchisees need to do their homework so they can ask insightful questions about the Read More

What Makes Trademark Dilution Different Than Infringement?

By Donald W. Hudspeth | Published August 5, 2026 | Posted in Trademarks and Unfair Competition | Tagged Tags: infringement, slogan, trademarks | Leave a comment

Trademark law distinguishes between two different types of violations. Infringement occurs when one business uses a logo, slogan or other type trademark that is registered by a marketplace competitor, potentially causing confusion among the public. For example, if a maker of computers or cell phones besides Apple used a multicolored apple on their product or Read More

NDAs Play a Crucial Role in Mergers and Acquisitions

By Donald W. Hudspeth | Published July 29, 2026 | Posted in Uncategorized | Tagged Tags: contracts, merger, nda | Leave a comment

Non-disclosure agreements (NDAs) play a pivotal role in mergers and acquisitions. These documents allow companies to share sensitive information while minimizing legal and competitive risks in the event the deal breaks down. As parties typically review confidential data to keep the deal moving forward, a carefully timed, well-crafted NDA formalizes each side’s rights and responsibilities. Read More

What If a Business Partner Has Breached Their Fiduciary Duty?

By Donald W. Hudspeth | Published July 22, 2026 | Posted in breach of fiduciary duty | Tagged Tags: breached, employment agreements, fiduciary duty | Leave a comment

A breach of fiduciary duty is a serious type of misconduct that goes beyond a contract violation. Each owner of a business is legally obligated to act in the company’s best interests. If they don’t, they can be held civilly liable. Of course, accusing a partner or fellow shareholder of violating their legal responsibility is Read More

Using Litigation to Address Vendor Contract Breaches

By Donald W. Hudspeth | Published July 15, 2026 | Posted in business litigation | Tagged Tags: business, contracts, Performance | Leave a comment

Agreements negotiated with vendors are among the most important contracts that business leaders execute. Vendors are usually eager to meet their business clients’ expectations, but some vendors may fail to fulfill their contractual responsibilities. While many performance disputes with vendors can be resolved informally, there are cases that wind up in court. Litigation can help Read More

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John M. Powers

John M. Powers is an Arizona attorney with more than two decades of experience in business transactions, commercial litigation, real estate, contracts, and general civil matters. His practice centers on corporate and commercial work for public companies, midsize businesses, family offices, entrepreneurs, athletes, and nonprofits. He also advises on employment, tort, and contract disputes. He…

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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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AWARDS

Our firm now offers a scholarship program for ASU first and second year law students.

The scholarship is awarded to students for academic merit with an interest in business and business law. Candidates may have majored in fields other than business, have taken a break between college and law school, or have had exceptional life experiences.

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