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The Value of Mediation and Arbitration Clauses in Contracts

By | Published October 2, 2024 | Posted in Mediation and Arbitration | Tagged Tags: , , | Leave a comment

Mediation and arbitration clauses in contracts are effective ways to avoid lengthy and costly litigation. These clauses provide clarity and structure, so that if a dispute arises, there is a defined process for resolution which can preserve relationships and avoid the delay, expense and unpredictability of going to court. Furthermore, mediation and arbitration take place Read More

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Special Legal Concerns Faced by Health Care Providers

By | Published September 25, 2024 | Posted in Business Law, healthcare business | Tagged Tags: , , , | Leave a comment

Managing a health care business, such as a hospital, surgery center or medical practice, presents unique and complex legal challenges. These entities operate in a highly regulated environment requiring compliance with federal, state and local laws. The legal concerns involved in running such a business go beyond those faced by other industries, as they must Read More

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When, Why and How to Conduct an Internal Investigation

By | Published September 18, 2024 | Posted in internal investigations | Tagged Tags: , , | Leave a comment

Corporations and other organizations may find themselves in need of self-investigation for various purposes, such as maintaining compliance, addressing misconduct and safeguarding the organization’s reputation. The purpose of an internal investigation is to uncover the facts, determine whether any wrongdoing occurred and give the company the information it needs to take appropriate action.  This investigation Read More

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How to Anticipate and Avoid Business Purchase Contract Litigation

By | Published September 11, 2024 | Posted in breach of fiduciary duty, Business Law, Litigation | Tagged Tags: , , | 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

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What to Know About Nonprofit Organizations in Arizona

By | Published September 4, 2024 | Posted in nonprofit organizations | Tagged Tags: , , | 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

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Tips for Drafting and Negotiating Commercial Leases

By | Published August 28, 2024 | Posted in Business Law | Tagged Tags: , , | 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

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How Creditors Can Obtain Relief from Debtors’ Fraudulent Transfers

By | Published August 21, 2024 | Posted in Business Law | Tagged Tags: , , | 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

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Protecting Minority Shareholders from Oppression

By | Published August 14, 2024 | Posted in Business Law | Tagged Tags: , , | 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

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An Outsiders’ Guide to Doing Business in Arizona

By | Published August 7, 2024 | Posted in Business Law | Tagged Tags: , , | 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

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[New Version] What Are Fiduciaries and When Can They Be Sued for Breach of Duty?

By | Published July 31, 2024 | Posted in breach of fiduciary duty | Tagged Tags: , , | Leave a comment

A fiduciary is someone who is under a legal obligation to act in the best interest of another, be it a client, an employer or another person or entity. In the context of business organizations, fiduciaries include directors, officers and sometimes majority shareholders who have control over the company’s operations and financial decisions. These individuals 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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