Author Archive

Donald W. Hudspeth

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How to Anticipate and Avoid Business Purchase Contract Litigation

By Donald W. Hudspeth | Published September 11, 2024 | Posted in breach of fiduciary duty, Business Law, Litigation | Tagged Tags: business, Fiduciary, litigation | Leave a comment

Business purchase contracts are often complex agreements involving significant financial stakes, multiple parties, and intricate terms. Despite the best efforts of all involved, these contracts can sometimes lead to disputes that escalate into litigation. Buyers and sellers should understand the common causes of action that arise from these disputes, the types of remedies that can Read More

What to Know About Nonprofit Organizations in Arizona

By Donald W. Hudspeth | Published September 4, 2024 | Posted in nonprofit organizations | Tagged Tags: Nonprofit, tax, Tax-exempt | Leave a comment

Nonprofit organizations in Arizona play a critical role in addressing societal needs, whether by promoting education, alleviating poverty, advancing the arts, or protecting the environment. These entities operate with a mission to benefit the public rather than generate profit for owners or shareholders. Nonprofits can take various forms, including charitable organizations, foundations, and educational institutions, Read More

Tips for Drafting and Negotiating Commercial Leases

By Donald W. Hudspeth | Published August 28, 2024 | Posted in Business Law | Tagged Tags: Landlord, Tenant, Tenant Rights | Leave a comment

Commercial leases differ significantly from residential leases in terms of complexity, terms and the nature of the transactions they govern. These leases are contracts between landlords and businesses for the rental of property to be used for commercial purposes, such as retail stores, offices or industrial spaces. Understanding the intricacies of commercial leases is important Read More

How Creditors Can Obtain Relief from Debtors’ Fraudulent Transfers

By Donald W. Hudspeth | Published August 21, 2024 | Posted in Business Law | Tagged Tags: Creditors, Debtor, Fraud | Leave a comment

Arizona law prohibits debtors from escaping their obligations by transferring assets to other people in order to frustrate a creditors ability to collect. In certain defined circumstances, a creditor can have a court set aside a transfer found to be fraudulent and can obtain related relief. Under Arizona’s Uniform Fraudulent Transfer Act (UFTA), creditors can Read More

Protecting Minority Shareholders from Oppression

By Donald W. Hudspeth | Published August 14, 2024 | Posted in Business Law | Tagged Tags: Audit, business, Shareholder Agreements | Leave a comment

Minority shareholder oppression refers to the unfair treatment of shareholders who do not have significant control over the company’s decision-making processes due to their smaller shareholding. This situation often arises when majority shareholders — those holding a controlling interest in the company — take actions that unfairly prejudice the rights or interests of minority shareholders. Read More

An Outsiders’ Guide to Doing Business in Arizona

By Donald W. Hudspeth | Published August 7, 2024 | Posted in Business Law | Tagged Tags: Business Registration, Commission, Workplace Safety | Leave a comment

Expanding a business into Arizona offers many opportunities, but it also requires dealing with certain legal and regulatory complexities. Here’s a summary of what out-of-state businesses should know in order to comply with Arizona’s specific requirements and to capitalize on the local market effectively. First and foremost, businesses must register with the Arizona Corporation Commission. Read More

Proving Damages in a Commercial Disparagement Case

By Donald W. Hudspeth | Published July 24, 2024 | Posted in commercial disparagement | Tagged Tags: Commercial Disparagement, Legal Action, Lost Revenue | Leave a comment

When false negative information about a company, its employees or its products and services is spread, it can quickly damage the company’s goodwill and reputation. This is known as commercial disparagement and it can provide the injured company with grounds for legal action and potential compensation. However, in such cases, damages are not automatically presumed. Read More

Why You Shouldn’t Enter a Business Contract Without a Lawyer

By Donald W. Hudspeth | Published July 17, 2024 | Posted in contract drafting | Tagged Tags: business environment, Business Operations, cut costs, generic contracts | Leave a comment

In today’s fast-paced business environment, the temptation to cut costs wherever possible is understandable. However, one area where cutting corners can prove particularly risky is in the realm of business contracts. Many entrepreneurs and business owners may opt to use standard, off-the-shelf contracts or templates found online to save time and money. While this approach Read More

Guidance for FinCEN Benefit Ownership Information Reporting

By Donald W. Hudspeth | Published July 10, 2024 | Posted in regulatory counsel | Tagged Tags: asset hiding, Beneficial Ownership, FinCEN, money laundering | Leave a comment

The Financial Crimes Enforcement Network (FinCEN) has implemented the Beneficial Ownership Information (BOI) reporting rule in compliance with the Corporate Transparency Act (CTA) of 2021. This rule aims to enhance the ability of FinCEN and other agencies to protect U.S. national security and the U.S. financial system from illicit use. As a result, many privately Read More

The Benefits and Limits of Domestic Asset Protection Trusts

By Donald W. Hudspeth | Published July 3, 2024 | Posted in Business Law | Tagged Tags: Asset Protection, Estate Planning, estate taxes, fraudulent | Leave a comment

Domestic asset protection trusts (DAPTs) are sophisticated legal tools designed to protect an individual’s assets from creditors and potential lawsuits while allowing the individual to retain some benefits of the assets. While traditionally, asset protection trusts were established offshore, DAPTs offer a domestic alternative with certain advantages and limitations. These are the principal purposes of 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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