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Clinically Proven Claims and the Two Clinical Trials Misconception
"Clinically proven" is an establishment claim, which means you have promised proof exists, and you can lose that case even when your product works. The two-trial requirement everyone repeats is not in the FTC Act, not in any Commission rule and not in the case law. It traces to a 2003 rulemaking FDA never finalized and a private seal program. Here is what the law actually requires, and what it costs to get it wrong.
Evan Howard
6 days ago28 min read


Toothpaste Lawsuits Put Sodium Lauryl Sulfate Claims Under Scrutiny
Three new class action lawsuits are putting a familiar toothpaste ingredient under the microscope. According to the complaints filed in federal court in California, consumers say leading toothpaste brands promoted gum-health and anti-gingivitis benefits while failing to disclose that the products contain sodium lauryl sulfate, a detergent-based ingredient the plaintiffs describe as a gum irritant.
Evan Howard
Jul 245 min read


Hydroxyapatite, Nano-Hydroxyapatite, and Fluoride: The Real Story Behind Your Toothpaste
Hydroxyapatite is a naturally occurring mineral from the calcium phosphate family. It is not some exotic lab-created compound; it is literally the primary building block of your teeth.
Evan Howard
May 2716 min read


OTC Advertising and Marketing Claims for Oral Care Products: Navigating the Regulatory Landscape, Consumer Trust, and Brand Success
OTC Advertising and Marketing Claims for Oral Care Products: Navigating the Regulatory Landscape, Consumer Trust, and Brand Success
Evan Howard
Mar 126 min read


Buyer Beware: Website Properties LLC's NDA: What Every Business Buyer Must Know Before Signing
The Website Properties LLC NDA is not a standard agreement designed primarily to protect confidential business information. It is a comprehensive contract that creates extensive financial obligations, restricts your ability to communicate with sellers, and shifts virtually all risk onto you while insulating the broker from responsibility. Before you sign, you need to understand exactly what you are agreeing to and what rights you are surrendering.
Evan Howard
Dec 22, 202529 min read


Buyer Beware: The Hidden Dangers in Dynasty Business Advisors' NDA
If you are considering purchasing a business through Dynasty Business Advisors in North Carolina (or any state since they are a franchise), you need to understand exactly what you are agreeing to when you sign their Confidentiality/Disclosure/Registration Agreement.
Evan Howard
Dec 17, 202525 min read


Forced Venue and Jurisdiction Clauses: How Brokers Use Litigation Cost Barriers to Eliminate Accountability
Forced venue clauses in broker NDAs can make litigation prohibitively expensive for buyers. A North Carolina attorney explains how these provisions create power imbalances and block accountability.
Evan Howard
Nov 26, 20259 min read


Interference With Future Business Relationships: How NDAs Morph Into Perpetual Restraints on Trade
Discover how broker NDAs restrict your business relationships years after evaluation. NC attorney explains why these provisions violate restrictive covenant law.
Evan Howard
Nov 14, 20259 min read


Digital Storage Prohibitions in Broker NDAs: Unenforceable Restrictions That Destroy Modern Due Diligence
Learn why broker NDAs prohibiting digital storage of confidential information are impractical and create violation traps. NC attorney explains how these provisions make due diligence impossible.
Evan Howard
Nov 7, 202510 min read


Unlimited Audit Rights Over Buyer Records: Surveillance and Trade Secret Violations Hidden in NDAs
Discover how broker NDAs grant unlimited audit rights over buyer business records without limits or safeguards. NC attorney explains privacy violations and trade secret risks.
Evan Howard
Nov 6, 20259 min read


Broad Indemnification Despite Disclaimers: How Brokers Demand Protection From Their Own Misconduct
In our ongoing series examining the 14 Hidden Dangers Lurking in Business Broker NDAs , we have explored numerous provisions that create one-sided risk allocation favoring brokers. Today we examine perhaps the most contradictory and indefensible provision: broad indemnification clauses that require buyers to defend and pay legal costs for brokers against claims related to confidential information, while simultaneously stating that brokers make no warranties about the accurac
Evan Howard
Nov 5, 202510 min read


Extended Commission Periods for Employment: How Business Brokers Block Legitimate Career Opportunities
Discover how extended commission periods in broker NDAs function as illegal restraints on trade under NC law. Attorney explains why employment relationship commission claims violate statute 75-1.
Evan Howard
Nov 4, 20259 min read


Hidden Jury Trial Waivers in Business Broker NDAs: Surrendering Constitutional Rights Without Knowing
Learn why hidden jury trial waivers in broker NDAs violate NC law. Attorney explains why buried jury waivers aren't conspicuous and how to protect constitutional jury rights.
Evan Howard
Nov 3, 20259 min read


Asymmetric Liability Caps in Business Broker NDAs: All Risk, No Protection
Learn why asymmetric liability caps in broker NDAs are unfair and potentially unconscionable. NC attorney explains how brokers cap their liability while imposing unlimited buyer liability.
Evan Howard
Oct 31, 202511 min read


Punitive Penalty Clauses in Business Broker NDAs: When Liquidated Damages Become Illegal Punishment
Discover how excessive penalty clauses in business broker NDAs can unfairly punish buyers. NC attorney explains enforceability issues, legal risks, and how to protect your interests in business transactions.
Evan Howard
Oct 30, 202511 min read


When Brokers Use the Wrong Forms: Real Estate Documents for Business Sales
Learn why business brokers using real estate confidentiality agreements for business sales is dangerous. NC attorney explains the legal gaps and risks of wrong document types.
Evan Howard
Oct 29, 20258 min read


The Attorney-in-Fact Lien Clause: How Brokers Are Taking Control of Your Future Assets
Learn why attorney-in-fact clauses in business broker NDAs are dangerous. NC attorney explains lien rights, power of attorney abuse, and how brokers control your future assets.
Evan Howard
Oct 28, 20258 min read


14 Hidden Dangers Lurking in Business Broker NDAs: What Every Buyer Needs to Know
Learn about 14 dangerous clauses hidden in business broker NDAs that can cost buyers thousands. NC attorney reveals attorney-in-fact provisions, liability traps, and hidden fees in confidentiality agreements.
Evan Howard
Oct 27, 202513 min read


Buyer Beware: Do Not Provide Your Financial Information to a Business Broker
Discover why business buyers should never provide personal financial information to brokers without protection. Learn how to safeguard your leverage and privacy during business acquisitions.
Evan Howard
Oct 24, 20258 min read


Why Relying on Business Brokers Can Cost You Millions: Broker Misvaluations
Discover how broker misvaluations, invalid add-backs, and conflicts of interest cost sellers and buyers millions, and learn why specialized legal counsel is essential to protect your sale or acquisition.
Evan Howard
Oct 23, 202514 min read
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