Author Archive

Donald W. Hudspeth

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How Business Torts Are Distinct from Other Commercial Disputes

By Donald W. Hudspeth | Published December 11, 2024 | Posted in Business Torts | Tagged Tags: business, Business Torts, Fraud | Leave a comment

A business tort is a wrongful act that causes a business to suffer financial loss or damage to its reputation. Unlike other commercial disputes, such as breaches of contract, business torts involve intentional acts or negligence. These torts typically arise in competitive business environments where one party’s actions interfere with another’s commercial interests. The key Read More

What Constitutes a “Material” Breach of Contract?

By Donald W. Hudspeth | Published December 4, 2024 | Posted in Contract Disputes | Tagged Tags: Commercial contract, Dispute resolution, immaterial breach | Leave a comment

In a commercial contract dispute where a breach is alleged, the first question to be resolved is whether the breach is material or immaterial. A material breach is a failure to fulfill a major contractual obligation, undermining the contract’s primary purpose and making it unachievable. In contrast, an immaterial breach is a minor deviation that Read More

Should Your Arizona Startup Be an LLC or a Corporation?

By Donald W. Hudspeth | Published November 27, 2024 | Posted in Business Formation | Tagged Tags: liability, Pass-through taxation, small business | Leave a comment

When deciding on a business structure in Arizona, small business owners should compare the benefits of forming a limited liability company (LLC) versus starting a corporation. Both structures offer protection from personal liability, meaning the owners’ personal assets are generally shielded from business debts and lawsuits. However, there are key aspects that make an LLC Read More

Resolving Partnership Disputes Through Mediation

By Donald W. Hudspeth | Published November 20, 2024 | Posted in breach of fiduciary duty, Business Law | Tagged Tags: fiduciary duty, Financial disputes, Mediation | Leave a comment

Mediation allows business partners to address their conflicts with the help of a neutral third party (the mediator), who facilitates communication, sharpens the issues and encourages mutual problem-solving. This process is particularly well-suited for partnership disputes. Mediation is confidential, so that the details of the business and the conflict remain private. This protects the company’s Read More

Key Elements of Buying or Selling a Small Business

By Donald W. Hudspeth | Published November 13, 2024 | Posted in Business Law | Tagged Tags: Due Diligence, Financing, Stock Purchase | Leave a comment

Buying or selling a small business is a major venture that requires careful planning and attention to detail. Whichever side of the transaction you are on, several important issues need to be addressed to bring about a successful deal. Due diligence is perhaps the most critical step. It protects buyers from overpaying or acquiring a Read More

How to Protect Your Interests in a Business Divorce

By Donald W. Hudspeth | Published November 6, 2024 | Posted in Business Law | Tagged Tags: Asset Division, Business Divorce, disputes | Leave a comment

“Business divorce” refers to the dissolution of a business partnership or co-ownership, often marked by disputes and conflicts among the owners. Just as in a personal divorce, business divorces can be emotionally charged and complex, arising from various causes such as disagreements over management styles, financial disputes, differences in vision for the company, or even Read More

Noncompete Clauses in Employment Contracts Still Valid in Arizona

By Donald W. Hudspeth | Published October 30, 2024 | Posted in Business Law | Tagged Tags: Arizona Law, business interests, Noncompete Agreements | Leave a comment

In Arizona, noncompete agreements between employers and employees remain valid despite the Federal Trade Commission’s 2023 rule banning such clauses. The ban was set to take effect in September 2024, but a federal judge in Texas effectively struck it down, holding that the agency lacks the substantive rulemaking authority to regulate unfair methods of competition. Read More

What You Need to Know Before Entering a Franchise Agreement

By Donald W. Hudspeth | Published October 23, 2024 | Posted in Franchise Agreement | Tagged Tags: dispute, Franchise fees, payment terms, renewal terms | Leave a comment

Purchasing a franchise allows a start-up venture to enter the business world with the backing of an established brand, but this opportunity should be approached with caution and careful preparation. The best way to prepare is to conduct thorough due diligence and to gain a thorough understanding of the obligations and protections that are afforded Read More

Choosing the Right Method of Valuation for a Business Acquisition

By Donald W. Hudspeth | Published October 16, 2024 | Posted in Business Acquisition | Tagged Tags: cash flow, Income, Market | Leave a comment

Accurate valuation is a vital part of acquisition of a business. Buyers need to know they are paying a fair price based on true worth. This means gaining a full understanding of the target company’s value at present so that its potential for growth can be predicted. Several valuation methods are available, each suited to Read More

Potential Pitfalls in Arizona Commercial Real Estate Transactions

By Donald W. Hudspeth | Published October 9, 2024 | Posted in Arizona Commercial Real Estate | Tagged Tags: complications, Contractual, regulations | Leave a comment

Arizona commercial real estate transactions can be lucrative, but they can encounter problems that can cause delays and costs. Commercial properties are subject to greater restrictions on use and may involve other special aspects that complicate purchase and sale. The best way to combat such problems is to anticipate them. Buyers and sellers must take 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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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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