Business Law & Commercial Litigation Attorneys in Phoenix, Arizona

Law Offices of Donald W. Hudspeth, P.C.

3200 North Central Avenue
Suite 2500

Phoenix, Arizona 85012-2425

Phone602-265-7997 or866-696-2033
Fax 602-265-6099

Law Firm Overview

-Business Law for Business Owners-

The Law Offices of Donald W. Hudspeth, P.C. has maintained a position as one of the leading Small Business Law Firms in Arizona.

Helping Small Businesses Do Big Things.



Law Offices of Donald W. Hudspeth, P.C. - Providing services in the following areas of law:

Articles Published by Law Offices of Donald W. Hudspeth, P.C.

 Starting Your Business in Arizona

Starting a new business? Need some advice from someone who has been there? Giving advice regarding starting a new business is a little bit like the blind man describing an elephant: it depends on where you are standing. For example, a government official will focus on permits, licenses and taxes; an accountant may emphasize accounting, payroll and tax issues; and a marketing person will develop your identity, brand and unique selling proposition.

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 St. Paul, Problems of Being Human and Small Businesses Dealing with AngiesList.com

Like many people with a standard Midwest religious upbringing I struggle to do the right thing and, sometimes, to know just what that is under the circumstances. But, as St. Paul discussed in Romans 7 “being good is not that easy, even when we are so inclined” (and he was a Saint.).

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 International Business Law: Starting or Buying an Arizona Business

With a few exceptions, Arizona does not impose a citizenship or even a residency requirement on non-citizens seeking to start or buy an existing business in Arizona. As its economy recovers from the housing bust, Arizona is ideally situated for foreign investment, especially from partners in Canada and Mexico. Arizona participates in the CANAMEX Corridor Coalition, promoting safe and secure trade between Canada, the U.S., and Mexico.

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 How to Form an LLC in Arizona

For many self-employed Arizonans, forming an LLC is the best choice for their business. Likewise for many sole proprietorships, partnerships, and other small businesses. LLCs—limited liability companies—offer protection from legal liability and simplified tax procedures. Even though Arizona LLC law makes the process of forming a LLC relatively simple, it is less than half the battle—you will still need an Operating Agreement, appropriate permits and licenses, and a federal tax ID number.

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 Buying or Selling a Business in Arizona

I. Buying a Business in Arizona - A. Business Brokers, Pros and cons - B. Due Diligence in the Purchase of an Arizona Business - C. The Agreement for Your Purchase of a Business in Arizona - Selling an Arizona Business A. The Business Broker - B. Due Diligence in the Sale of a Business for the Seller C. The Sales Agreement for the Sale of a Business in Phoenix or Arizona.

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 10 Common Mistakes that Business Owners Make

The following is an outline of a lecture I have given to the Edson Institute at Arizona State University in Tempe, Arizona as well as the Arizona Small Business Development Center and tte students of my business law class at ASU in Glendale, Arizona. I am hoping this summary report will be sufficient to trigger action on the issues discussed and to cause the reader to obtain some professional advice regarding same.

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 Starting Your Own Law Practice

I. Getting Started - As a lawyer, or sometime in your life, you have probably heard the saying by Abraham Lincoln: “He who would be his own lawyer has a fool for a client.” (Mr. Lincoln also said “A lawyer’s time is his stock in trade.” a useful motto in our profession. My hometown lawyer had that sign above his receptionist’s desk.) I mention this slogan (the first one) because a common problem that I have with my business-owner clients is that they work beyond their skill set.....

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 Entrepreneurs and Business Development around the World

Introduction, Small Business and Southern Europe’s Economic problems. Because my Arizona business law firm represents businesses and start ups, both locally and from around the world, I was curious about the role entrepreneurs, start ups, and small and medium size businesses play in their national economies around the world. Surprisingly, one of the first articles that I found attributed the financial problems of Greece, Italy and Spain,.....

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 Immigrant Business; Immigrant Entrepreneurs

We hear so much about immigration in the context of border controversies that we may forget the vital role that immigrant owned businesses play in our economy. By “immigrant” we do not mean just Mexicans or persons from South American countries, which play a prominent role in states like Arizona, but also Indians, Koreans, Cubans, Chinese and the Vietnamese. A recent program on National Public Radio (aka “NPR”) documented....

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 Arizona Business and International Law

A decade or more ago a client of our business law firm needed some advice on an international transaction. We called several local firms that we thought might do that kind of work, but they didn’t. So, I concluded, “What the heck. If they are not going to develop a practice in that area, I will.” Thus, we invested in multiple volume sets on the international law of contracts and the law of various foreign nations. Since that time we have done a number of transactions all over the world......

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 Document Review in Litigations and Investigations

What is written is fundamental to the Phoenix business laws, so obviously document review is crucial in the litigation process. It is a key to the discovery process. According to KPMG, first level document review can be anywhere from 58 to 90 percent of the total litigation cost. Doing it right is crucial to a successful outcome. Failing to notice a significant document may result inadvertent disclosure of a privileged document or a significant document only showing up at a deposition.....

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 Attorney-Client Privelege for Transactional Attorneys

Attorney-Client privilege is a particularly tricky issue for attorneys who handle business transactions in Phoenix, as they so often have clients for both legal and non-legal services. A client who requires legal services is protected by quite strict attorney-client privilege ethics rules. However, a client who is provided strictly non-legal services cannot be protected by attorney-client privilege.

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 Director and Officer Liability Information Checklist

I. General Standard - With some exceptions, the general legal standard of care for business actors and agents is “prudence.” In this context “prudence” means to act as an ordinary prudent person would act under the circumstances. But, this standard can be misleading because, at law, prudent people arguably do not make common mistakes, like combing their hair or changing the radio dial while driving, let alone sending texts.....

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 How the Internet is Destroying Small Business Commerce and Legal Remedies

The Internet is destroying the enforceability of small business contracts. Here are a few examples: Case 1: Painting Company and the BBB. - A house painting company (“PaintCo”) bid on and signed a contract with a home owner to paint his house. The contract had a three day cancelation clause which was not invoked.

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 What Business Owners Should Look for in a Business Law Firm and Business Legal Representation

In selecting a law firm for an owner-operated small or medium sized business (aka “SMB’s”), we can start with some basic positions: 1. The law firm client is well advised to choose a lawyer, not a firm. Lawyers vary in aptitude, knowledge and experience in various practice areas, just as other businesses do. So, obviously, you need an attorney who actually practices business law.

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 General Principles and Information re: Director and Officer Liability Info. Checklist

I. General Standard - With some exceptions, the general legal standard of care for business actors and agents is “prudence.” In this context “prudence” means to act as an ordinary prudent person would act under the circumstances. But, this standard can be misleading because, at law, prudent people arguably do not make common mistakes, like combing their hair or changing the radio dial while driving, let alone sending texts. So, the prudent standard.

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 Legal Events and Legal Documents

Over the years in my legal practice I have noticed that, much as I would wish, advise, and preach to the contrary, most of my business law clients come to the firm, not because they have recognized a need and seek to avoid or prevent some problem or event from happening, but in response to that problem or event after it has occurred. In other words, the demand for our legal services is reactive, not preventative.

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 Do's and Don'ts on How to Use Google for Legal Work

Unfortunately, about two out of three new clients come to our firm because they have a problem with their signed contract or legal documentation. Too late, they have received the previously unconsidered information that their contract does not have a jurisdictional provision (so they are being sued in Idaho); or their contract doesn’t allow for....

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 Big Cases Don't Just Happen to Big, Bad Clients

An understandable, but false, assumption of some potential law firm clients is that a small case will cost less than a big one. After all, if I buy a small coffee I expect to pay less than I would pay for a larger size, so why do legal fees not adjust to the size of the case? Well, first of all, they do in some cases. Legal fees can track the size of the deal in transactional matters; that is, where the parties are negotiating a deal and entering into contracts re same.

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 A Checklist of Reasons to Start Your Own Business

Here is a list of reasons why you may want to start your own small business.

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 Asset and Liability Protection for Your Business or Rental/Investment Property

If you purchased real estate as part of a business purchase, if you inherited real estate, if you are retired and own properties you want to turn into rental properties, the organizational engineering you do is not just to save on taxes. The cheapest form of insurance you can buy may be the limited liability you gain when you keep your property in a limited liability company (“LLC”) or limited partnership designed to protect you from the liability associated with property.

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 Arizona Personal Asset Protection

As a business owner, proactive personal asset protection may be essential to protecting your hard-earned assets against situations and events beyond your control.

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 Alternative Dispute Resolution and Arizona Businesses

Increasingly, businesses are including alternative dispute resolution (ADR) clauses in standard business-to-business and consumer contracts, and even businesses without ADR clauses opt for ADR procedures to resolve disputes while keeping court and legal costs to a minimum.

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 Dissolving a Business in Arizona

Before you take steps to dissolve your partnership—general, limited, or limited liability—get state and federal income tax advice, and make sure you fully understand the financial ramifications of shutting down your business.

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 Arizona Business Partnerships

A general partnership forms whenever you associate with at least one other person to run a for-profit business.

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 S-Corporation or C-Corporation? Incorporating in Arizona

S-corporations and C-corporations share many of the same advantages and disadvantages. Probably the single biggest drawback to both forms of corporation in Arizona is the difficulty of proper incorporation. The process is much more complex—and requires much more accountant and attorney involvement—than forming a limited liability company, sole proprietorship, or partnership.

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 Working Beyond Your Means

1. Character as Destiny: Sometimes That’s Not Good. - Ralph Waldo Emerson -- who wrote the essays Self Reliance and Compensation, among others -- might have loved my law firm Clients, who tend to be hard-working, self-reliant, persevering and intelligent, just to name a few of their good personality traits. In short, they have “Character.”

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 Getting Past Thompson v. Harris: A New Standard of Constructive Eviction in Arizona

In 1969 the Arizona Court of Appeals decided Thompson v Harris.1 Thompson the famous (or infamous) welding shop case, dramatically illustrates the traditional rule that a landlord has no duty to one tenant to correct the nuisance activities of another.

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Videos Provided by Law Offices of Donald W. Hudspeth, P.C.

10 Common Mistakes that Business Owners Make....

The Scared Straight Feature is…..

“The Scared Straight Feature is”: 10 Common Mistakes that business owners make.
This came out of a lecture that I gave to my students at ASU (Arizona State University).
I called it "10 Common Mistakes," they called it “The Scared Straight.”
Why? Because these mistakes can be life altering events and they are mistakes that are made every day.
Here are some examples: “The documents look ok to me,” fallacy.
What that means is the client will read the document and say “the document looks ok to me.”
But the problem is not what has been revised in the document, but there’s a whole lot of stuff outside the document that should be in it.
Another thing is not using the Corporate Designation. You use it or you lose it.
Another common mistake is the Lease. People talk about the business and buying the business--they forget about the Lease.
The Lease is the tail that wags the business dog.
You may find you have a business that’s Not Saleable because of the Lease.
So these are common mistakes that can, easily, be avoided by talking to us about them.


The Law Offices of Donald W. Hudspeth, PC - Business Law & Commercial Litigation
"The Business of Our Firm is Business"

602.265.7997 866.696.2033
www.AZBUSLAW.com

--We offer over 25 years experience in business, business law, commercial litigation, corporate representation and business formation, including contracts, international business and intellectual property.--

Asset Protection:

Common mistakes of not putting company assets into the LLC.

After you have formed an LLC: Did you do your Bill of Sale, Deed, and other documents, then assign the assets to the LLC? The LLC as a holding company for real estate. Deeding real property to your LLC. Assigning mortgaged real estate to an LLC.

The Hudspeth Law Firm - Business Law & Commercial Litigation
www.AZBUSLAW.com - TheFirm@azbuslaw.com

"The Business of Our Firm is Business"

[transcript coming]

ASU Preparing for Trademark Battle with Adult Entertainment Site

Catherine Anaya: A website is coming under fire tonight accused of stealing the 'Sun Devil' Trademark owned by Arizona State University. The website: SunDevilAngels.com, their product: porn.

We’re telling it like it is tonight CBS 5’s Lindsey Reiser is live at the university with the details for us. Lindsey….

Lindsey: Well Catherine ASU is going head-to-head with the creator of SunDevilAngels.com in hopes that either that name will go away or the site will go down altogether. Now, they’ve asked for an arbitration hearing, and that’s basically where both sides can duke it out. We talked with a Trademark attorney today who said ASU may have a case.

Donald W. Hudspeth: You have extremes here. I mean, on one hand you have ASU, which is like “motherhood” and “apple pie.” And on the other hand you have, not just any business, you have a porn site.

LR: Donald Hudspeth is a business attorney, and while he isn’t connected with this case, he has plenty of experience with trademark battles.

DWH: Who had the name 1st? Is it being used for a legitimate purpose?

LR: He says the creator of adult-website SunDevilAngels.com should’ve seen this coming after his trademark application was denied in 2008 because the name could cause confusion with ASU’s trademark “Sun Devil’s.”

DWH: The general principle of law is that: the trade name trademark trumps domain name.

LR: The trademark application was filed by Raymond Coates who listed an address in Mesa as the place of his business. That’s where we ran into some of his family friends. They tell us Coates started the site because of his passion for photography. They claim that he wasn’t trying to taint the image of Arizona State University; he just chose the name because the site features local women. Back in 2010, Coates also registered the name Millennium Vision Productions saying the business was photography entertainment. Though his family friends claim that Coates no longer lives in Arizona, SunDevilAngels.com is still active. Hudspeth says that this could be tied-up in court for years if either side appeals the arbitrations judgment.

DWH: You protect your trademark because that’s your identity. That’s your brand. That’s everything.

LR: Today the Twitter page for SunDevilAngels.com posted a link to an article talking about the legal battle. Basically, just saying “what do you guys think?” We tried reaching out to Coates via email and through his family friends but we haven’t heard back yet. We also asked ASU for an interview, but they just confirmed the pending legal dispute. We’re live in Tempe, Lindsey Reiser for CBS 5 News.

The Law Offices of Donald W. Hudspeth, P.C. - www.AZBUSLAW.com - Business Law and Commercial Litigation


"The Business of Our Firm is Business"

I Tell My Clients That the Legal Brick House....

I Tell My Clients That the Legal Brick House…

I tell my clients that the “Legal Brick House” is important for this reason.
There are some organizational and formational documents that you need to do. You don’t necessarily need to do them all at once.
You can do them according to your growth curve, for example, establishing your Trademark on your brand.
If you don’t have the proper Intellectual Property Protection, you could literally have a million dollar brand that could be lost.
So when you Trademark, you not only give value to your company but you, also, protect it.
I liken the “Legal Brick-house” to the 3 Little Pigs story.
If you don’t have a “Legal Brick House”, the first wolf that comes around may blow your house down.
Often that wolf is inside your door.
For example, if you do not have a Key Employment Agreement, you may have a Key Employee walk-out the door with a million dollars of your business.
You can have a “Legal Brick House” on the hill for 10 or 15 thousand dollars and you can, literally, have a million-dollar Brand protected by those documents.
So, from a business-decision point of view—cost benefit analysis—it’s a "no-brainer".
Call us because the “Business of Our Firm Is Business.”
You’ll like us. Call Us.


The Law Offices of Donald W. Hudspeth, PC
"The Business of Our Firm is Business"

602.265.7997 866.696.2033
www.AZBUSLAW.com

International Law - 1

This video excerpt is a classroom lecture on the basics of international transactions and attorney Donald W. Hudspeth discusses finding and building international business relationships. Simply using the internet to help the foreign business-owner to find you is not enough. You need to have both the practical legal experience as well as the high level contacts in the local government who can help them reach their business objectives.

The Hudspeth Law Firm - Business Law & Commercial Litigation
www.AZBUSLAW.com - TheFirm@azbuslaw.com

"The Business of Our Firm is Business"

[transcript coming]

International Law - 2

In this video excerpt from a classroom lecture on the basics of international transactions, attorney Donald W. Hudspeth discusses foreign business relations and establishing international contracts. Mr. Hudspeth discusses the changing legal landscape, which includes more exportation of goods and technology, and more importation of foreign business operations to business friendly Phoenix, Arizona.

The Hudspeth Law Firm - Business Law & Commercial Litigation
www.AZBUSLAW.com - TheFirm@azbuslaw.com

"The Business of Our Firm is Business"

[transcript coming]

International Law - 3

In this video excerpt from a classroom lecture on the basics of international transactions, attorney Donald W. Hudspeth discusses international venue and jurisdiction considerations in contracts and litigation. Mr. Hudspeth touches on some examples of the differing treatments of forum and law in international contracts using Brazil, Singapore, the United Kingdom, China, London and Geneva as examples.

The Hudspeth Law Firm - Business Law & Commercial Litigation
www.AZBUSLAW.com - TheFirm@azbuslaw.com

"The Business of Our Firm is Business"

[transcript coming]

International Law - 4

Representations and Warranties in business law transactions worldwide: The legal and cultural differences in Representations and Warranties in a contract of law in the United States, Germany, France, Australia, England, India, Netherlands and China. The UCC requires an opportunity to cure as regards material compliance with representations, but for the most part, the contract determines what you get.

The Hudspeth Law Firm - Business Law & Commercial Litigation
www.AZBUSLAW.com - TheFirm@azbuslaw.com

"The Business of Our Firm is Business"

[transcript coming]

One Thing That I Ran Into....

One Thing That I Ran Into....

One thing I ran into as a new business lawyer is that many of my clients had never used a lawyer before or even if they had didn’t know how to choose the lawyer that was right for them.
Well, what do we want in a lawyer.
Well, we want in a lawyer what we want in any other relationship—Trust, Confidence, Compatibility.
So, how do we find that?
Well first, how long have they been in this practice area….or as a lawyer?
Secondly, what is their strength?
What is their main focus?
Are they a family lawyer that’s trying to do business-on-the-side or is their main focus, really, business?
It’s important to talk about money.
Most of my clients, as business owners, need to know how much it’s going to cost to do the legal services.
So in our firm, we talk money early and often so there are no nasty surprises.
And finally, I would say, personality.
If the attorney is very formal and you are not—that may inhibit the communication.
So, I would say, choose a lawyer on personality as well.
And, I would like you to come in and talk with us to see if our personality matches with yours.


The Law Offices of Donald W. Hudspeth, PC
"The Business of Our Firm is Business"

602.265.7997 866.696.2033
www.AZBUSLAW.com

Wedding Planners:

Pre-litigation Asset protection: Small or medium size business owners: Protect your personal assets from business lawsuits by properly forming your start up corporation or limited liability company (“LLC”). Business owners need and want to spend their time running their business, not defending themselves against personal liability. But many small and medium size business owners have not completed or are not properly using their LLC-business asset setup. For example, do you have an Operating Agreement? Do you need one? Are you using your LLC designation? Do you have a reference to tax code provisions somewhere in your governing agreements? Some quick business law tips can protect you from personal liability where you thought you were protected. Using a business lawyer for your business can let you sleep at night, knowing you are protected.

In this video excerpt from a classroom lecture on the basics of international transactions, attorney Donald W. Hudspeth discusses simple strategies the business owner can use to prevent breach of the company veil. Includes strategies to protect your personal assets by assigning the business assets to the LLC or corporation, and how to do it. Mr. Hudspeth uses a cautionary tale to illustrate how the tearing of the corporate veil can mean personal liability for the business owner in the event of litigation.


The Hudspeth Law Firm - Business Law & Commercial Litigation
www.AZBUSLAW.com - TheFirm@azbuslaw.com


"The Business of Our Firm is Business"

[transcript coming]

What I Mean by Being a Lawyer....

What I Mean by Being a Lawyer.…

What I mean by "The Business of Our Firm is Business" is that we don't do anything else.
All of our clients are business owners and we don't practice any other areas of law.
I was a real person before I became a lawyer, and what I mean by that is I became a lawyer at, actually 39, went to law school at 36.
Before that time, I was on that side of the desk: I had my own business in my 20's, a chain of bars and real estate and in my 30's a chain of mall stores and also worked in office furniture manufacturing.
It's as I say "it's like raising a child, you really learn how to do it when you have a child"....I learned alot about business law by having a business.
One thing I thing you will like about our firm is that we speak plain English.
For example, I had client who was the head of a major semi-conductor company.
He could have hired any law firm in the United States; but he said "Don, I like your firm, because when I walk out the door I know what we've talked about"
And I think, part of that is my background, of mid-west experience. I like to take legal propositions and put them in everyday language and relate to YOUR everyday experience.
And I think that helps both of us understand what we're doing.


The Law Offices of Donald W. Hudspeth, PC
"The Business of Our Firm is Business"

602.265.7997 866.696.2033
www.AZBUSLAW.com





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