Author Archive

Donald W. Hudspeth

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Making the Most of Discovery Day as a Potential Franchisee

By Donald W. Hudspeth | Published August 12, 2026 | Posted in Franchise Purchase | Leave a comment

A franchisor’s “Discovery Day” is a critical early step for anyone exploring the idea of becoming a franchisee. This encounter provides a chance for both sides to evaluate a potential business relationship. To make the most of this introductory meeting, prospective franchisees need to do their homework so they can ask insightful questions about the Read More

What Makes Trademark Dilution Different Than Infringement?

By Donald W. Hudspeth | Published August 5, 2026 | Posted in Trademarks and Unfair Competition | Tagged Tags: infringement, slogan, trademarks | Leave a comment

Trademark law distinguishes between two different types of violations. Infringement occurs when one business uses a logo, slogan or other type trademark that is registered by a marketplace competitor, potentially causing confusion among the public. For example, if a maker of computers or cell phones besides Apple used a multicolored apple on their product or Read More

NDAs Play a Crucial Role in Mergers and Acquisitions

By Donald W. Hudspeth | Published July 29, 2026 | Posted in Uncategorized | Tagged Tags: contracts, merger, nda | Leave a comment

Non-disclosure agreements (NDAs) play a pivotal role in mergers and acquisitions. These documents allow companies to share sensitive information while minimizing legal and competitive risks in the event the deal breaks down. As parties typically review confidential data to keep the deal moving forward, a carefully timed, well-crafted NDA formalizes each side’s rights and responsibilities. Read More

What If a Business Partner Has Breached Their Fiduciary Duty?

By Donald W. Hudspeth | Published July 22, 2026 | Posted in breach of fiduciary duty | Tagged Tags: breached, employment agreements, fiduciary duty | Leave a comment

A breach of fiduciary duty is a serious type of misconduct that goes beyond a contract violation. Each owner of a business is legally obligated to act in the company’s best interests. If they don’t, they can be held civilly liable. Of course, accusing a partner or fellow shareholder of violating their legal responsibility is Read More

Using Litigation to Address Vendor Contract Breaches

By Donald W. Hudspeth | Published July 15, 2026 | Posted in business litigation | Tagged Tags: business, contracts, Performance | Leave a comment

Agreements negotiated with vendors are among the most important contracts that business leaders execute. Vendors are usually eager to meet their business clients’ expectations, but some vendors may fail to fulfill their contractual responsibilities. While many performance disputes with vendors can be resolved informally, there are cases that wind up in court. Litigation can help Read More

Limiting Company Exposure When Hiring Independent Contractors

By Donald W. Hudspeth | Published July 8, 2026 | Posted in Independent Contractor Agreements | Tagged Tags: agreement, independent contractors, liability | Leave a comment

Working with independent contractors can help businesses reduce their overhead costs and access specialized skills on an as-needed basis. Independent contractors generally do not receive the same benefits as employees, and companies are not responsible for many of the payroll obligations associated with a traditional workforce. However, independent contractors can also create legal and financial Read More

Strong Due Diligence Demands More Than Checking Profit and Loss

By Donald W. Hudspeth | Published July 1, 2026 | Posted in Business Purchase-Sale Transactions | Tagged Tags: acquisition, business, Due Diligence | Leave a comment

Buying a business is a major investment that comes with numerous possible sources of risk. Investors and aspiring entrepreneurs seeking to acquire an existing business should perform thorough due diligence before making an offer or committing to a purchase agreement. Lapses that occur before a deal is closed might leave new owners paying pre-existing debts, Read More

Key Considerations When Buying a Franchise

By Donald W. Hudspeth | Published June 24, 2026 | Posted in Franchise Purchase | Tagged Tags: franchise, Ownership, purchase | Leave a comment

Many entrepreneurs looking for a turnkey business opportunity seek to purchase a franchise. Owners of franchise outlets do not need to develop a brand or create a unique business plan to achieve financial success. In many cases, potential customers are already familiar with what they offer, and their brand confers instant credibility on their operation. Read More

What Happens During a Shareholder Freeze-Out?

By Donald W. Hudspeth | Published June 17, 2026 | Posted in Corporate Litigation | Tagged Tags: Buyout, freeze-out, Shareholder | Leave a comment

A shareholder freeze-out (sometimes called a squeeze-out) occurs when majority shareholders or individuals within corporate leadership try to pressure minority shareholders into selling their ownership interests, often at unfairly low values. Freeze-outs frequently involve tactics designed to reduce the minority shareholder’s influence, financial benefits or participation in company operations. In some situations, these actions may Read More

What Causes Partnership Disputes?

By Donald W. Hudspeth | Published June 10, 2026 | Posted in Partnership Disputes | Tagged Tags: agreement, disputes, partnership | Leave a comment

Many partnership disputes arise because expectations change after the business is already operating. One partner may feel they are carrying an unfair share of the workload, contributing more financially or taking on greater responsibility than originally anticipated. In other situations, the conflict may involve conduct that directly violates the partnership agreement or breaches of the Read More

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John M. Powers

John M. Powers is an Arizona attorney with more than two decades of experience in business transactions, commercial litigation, real estate, contracts, and general civil matters. His practice centers on corporate and commercial work for public companies, midsize businesses, family offices, entrepreneurs, athletes, and nonprofits. He also advises on employment, tort, and contract disputes. He…

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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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Our firm now offers a scholarship program for ASU first and second year law students.

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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