Author Archive

Donald W. Hudspeth

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The Essentials of Due Diligence in the Purchase of a Business

By Donald W. Hudspeth | Published March 5, 2025 | Posted in Business Acquisition, Business Law | Tagged Tags: Due Diligence, Mergers, Regulatory Compliance | Leave a comment

Due diligence is a fundamental stage in the acquisition of a business. Due diligence provides the buyer with an opportunity to thoroughly assess the target business’s financial health, legal health, operational structure and actual and potential liabilities before finalizing the transaction. While due diligence is a widely recognized term, its specifics should be detailed as Read More

Why a Strong Operating Agreement Is Vital for Your LLC

By Donald W. Hudspeth | Published February 26, 2025 | Posted in Business Law | Tagged Tags: Dispute resolution, Dissolution, LLC Formation | Leave a comment

Every limited liability company (LLC) should have a clear framework for governance, financial management, and dispute resolution. Though Arizona law does not mandate an operating agreement, relying solely on state default rules can lead to complications that may not align with your business’s unique needs. By establishing an operating agreement, LLC owners can define their Read More

What Are the Most Common Reasons for Commercial Litigation?

By Donald W. Hudspeth | Published February 19, 2025 | Posted in Business Law | Tagged Tags: anti-dumping, business litigation, import restrictions | Leave a comment

Commercial litigation encompasses a broad spectrum of issues that can significantly impact businesses, both financially and operationally. At its core, commercial litigation deals with conflicts between businesses or between businesses and individuals. Also many of these can be dealt with through dispute resolution processes like mediation and arbitration, a large number do end up in Read More

When Can Churches Raise Immunity as a Defense to a Lawsuit?

By Donald W. Hudspeth | Published February 12, 2025 | Posted in church law | Tagged Tags: civil lawsuits, parishioners, religious institutions | Leave a comment

In Arizona, churches and other religious organizations, like any other entity, can be subject to civil lawsuits under certain circumstances. While the First Amendment and related doctrines afford religious institutions certain protections, they are not completely immune from civil liability. Individuals who believe they have been harmed by a church’s actions may have grounds to Read More

Suing an Out-of-State Company in Arizona’s Courts

By Donald W. Hudspeth | Published February 5, 2025 | Posted in business litigation | Tagged Tags: evidence, lawsuit, witnesses | Leave a comment

An individual or company preparing a lawsuit against an out-of-state defendant can find it much more advantageous to file the case in Arizona. Litigating locally reduces travel expenses and logistical challenges, including the need to hire an attorney in another state. Access to local attorneys, witnesses and evidence simplifies case preparation. Arizona juries are more Read More

Safeguarding Trade Secrets and Proprietary Information

By Donald W. Hudspeth | Published January 29, 2025 | Posted in trade secrets | Tagged Tags: algorithms, manufacturing, strategies | Leave a comment

Businesses can gain and hold a competitive advantage through trade secrets and proprietary information, namely, data that provides economic value from not being generally known. This may include customer lists, manufacturing processes, marketing strategies and software algorithms. Unlike patents, trademarks or copyrights, these properties do not require public disclosure or registration. However, they are protected Read More

What to Think About When Selling or Closing a Medical Practice

By Donald W. Hudspeth | Published January 22, 2025 | Posted in medical practice sale | Tagged Tags: healthcare, organization, practitioners | Leave a comment

For owners of a medical group or solo practice, there usually comes a time when the business needs to be winded up, whether for sale or closure. The reasons vary widely. Some practitioners may decide to join a larger healthcare organization, reducing administrative burdens and overhead. Others might simply be retiring and want to transfer Read More

How the “Work Made for Hire” Rule Affects Copyright Ownership

By Donald W. Hudspeth | Published January 15, 2025 | Posted in Business Law, Corporate Counsel, Litigation, regulatory counsel | Tagged Tags: Copyright Law, copyright ownership, freelance agreements, Intellectual Property | Leave a comment

Under U.S. copyright law, if an employee creates a work within the scope of their employment, the employer, not the employee, is considered the legal author and copyright owner. The “work made for hire” rule means that the employer retains all exclusive rights to the work, including reproduction, distribution and licensing. Determining whether a creation Read More

Dealing With the Heightened Focus on Privacy and Data Protection

By Donald W. Hudspeth | Published January 8, 2025 | Posted in Corporate Counsel, Litigation, regulatory counsel | Tagged Tags: compliance, cybersecurity lawyer, Data Privacy | Leave a comment

As the digital economy continues to grow, there has been a surge in data breaches, ransomware attacks, and other cybersecurity threats that affect businesses and individuals alike. The privacy of countless records is compromised each year due to inadequate security, with resulting financial loss, reputational damage and erosion of consumer trust. This perilous environment has Read More

Keeping Your Company’s Buy-Sell Agreement Up to Date

By Donald W. Hudspeth | Published January 1, 2025 | Posted in Business Acquisition, Business Formation, Business Law, Contract Disputes, Corporate Counsel, Shareholder Rights | Tagged Tags: business lawyer, buy-sell, Tax Implications, tax regulations | Leave a comment

A buy-sell agreement is vital for any closely held business, serving as the governing document for major transitions. However, an outdated agreement may fail to reflect current business conditions, evolving legal requirements or the changing wishes of the owners, leaving the company vulnerable to disputes and losses. That is why it is so important to 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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