Author Archive

Donald W. Hudspeth

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The Covenant of Good Faith and Fair Dealing Underlies Every Contract

By Donald W. Hudspeth | Published August 27, 2025 | Posted in Contract Law | Tagged Tags: Abuse, benefits, discretion | Leave a comment

No matter what express terms are agreed to by parties to a contract, there is a meta-agreement known as the implied covenant of good faith and fair dealing. It is at heart a contracting party’s duty to act honestly and fairly and not to do anything to injure the other party’s right to receive the Read More

Earnouts Can Help Cement a Business Sale, But Beware of the Risks

By Donald W. Hudspeth | Published August 20, 2025 | Posted in Mergers & Acquisitions | Tagged Tags: business, Earnouts, sale | Leave a comment

Earnouts are pricing structures, often used in private business sales, by which part of the purchase price is deferred until after closing. It becomes payable only if the target business meets certain agreed-upon financial benchmarks or operational milestones during a specified period. Earnouts can be useful in overcoming obstacles to a business sale. However, they Read More

Key Indicators That It’s Time to Update Your Organizational Documents

By Donald W. Hudspeth | Published August 13, 2025 | Posted in Business Law | Tagged Tags: financial, investment, Ownership | Leave a comment

Every business, regardless of its size or maturity, relies on governing documents such as the partnership agreement, shareholder agreement or LLC operating agreement. These documents provide a foundation for critical decision-making, management structuring and dispute resolution. As a business evolves, it’s vital to review these agreements to be sure they reflect current realities and to Read More

U.S. Treasury Pauses Enforcement of the Corporate Transparency Act

By Donald W. Hudspeth | Published August 6, 2025 | Posted in Business Law | Tagged Tags: deadlines, penalties, tax | Leave a comment

In a move that affects millions of U.S. businesses, the Treasury Department has announced that it is suspending enforcement of the Corporate Transparency Act (CTA) for domestic entities. This decision provides immediate relief to businesses that were facing looming deadlines and potential penalties for non-compliance. The CTA, enacted to combat financial crimes like money laundering Read More

How You Can Respond to Fake Online Reviews of Your Business

By Donald W. Hudspeth | Published July 30, 2025 | Posted in online defamation | Tagged Tags: professionally, profitability, reviews | Leave a comment

In the internet age, online reviews can significantly impact your business’s reputation and profitability. Fake reviews, whether they come from competitors or disgruntled customers, can distort the public’s perception of your company and cause loss of business. You need to know how to respond effectively to these reviews and if necessary to seek legal damages Read More

Protecting Your Business Against Liability for Vendors’ Conduct

By Donald W. Hudspeth | Published July 23, 2025 | Posted in vendor-based liability | Tagged Tags: Agency, Negligent, vendors | Leave a comment

In today’s interconnected business environment, companies frequently rely on third-party vendors to perform essential services, from data processing to customer support. However, this delegation can expose businesses to various liabilities if their vendors fail to comply with legal and regulatory standards. Understanding these potential sources of liability and implementing robust compliance practices is essential for Read More

The Dangers of Letting AI Control Contract Drafting and Review

By Donald W. Hudspeth | Published July 16, 2025 | Posted in AI-drafted contracts | Tagged Tags: financial, programming, technology | Leave a comment

Artificial intelligence (AI) is being used increasingly in the preparation and negotiation of business documents. This technology offers a host of benefits, including efficiency and cost savings. However, overreliance on AI can bring significant risks. It is more important than ever for experienced business attorneys to be deeply involved in drafting and review of documents Read More

U.S. DOL Shifts Stance on Classification of Independent Contractors

By Donald W. Hudspeth | Published July 9, 2025 | Posted in wage and hour compliance | Tagged Tags: contractor, healthcare, investment | Leave a comment

The U.S. Department of Labor (DOL) has recently altered its standards regarding classification of workers as independent contractors under the Fair Labor Standards Act (FLSA). This adjustment marks a significant departure from the previous, more rigorous interpretation of standards set under the Biden administration, impacting a wide array of employment sectors. In 2021, the DOL Read More

Practical Steps Businesses Can Take to Protect Copyrighted Works

By Donald W. Hudspeth | Published July 2, 2025 | Posted in Uncategorized | Leave a comment

In the digital age, when content can be shared globally in seconds, protecting intellectual property such as copyrights is vital for businesses. Copyright infringement can lead to financial losses and damage to a company’s brand and reputation. Understanding how to safeguard created works from unauthorized use is essential. Created works that businesses need to protect Read More

Essential Elements of a Company’s Buy-Sell Agreement

By Donald W. Hudspeth | Published June 25, 2025 | Posted in Uncategorized | Leave a comment

A buy-sell agreement is designed to manage the transfer of ownership interests in a company when specific, predefined events occur. It is typically part of the company’s organic document, such as a corporate shareholders’ agreement, a partnership agreement or an operating agreement in a limited liability company (LLC). By providing a structured approach to handling Read More

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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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