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The Anticaries OTC Monograph: Foundation of Cavity Prevention in the U.S.
Dental caries-commonly known as tooth decay or cavities-remains one of the most prevalent chronic diseases globally. In the United States, the fight against cavities has been revolutionized by the widespread use of fluoride-containing products, especially toothpastes and mouth rinses.
Evan Howard
May 138 min read
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The Rise and Fall of Seller-Financed Notes in SBA Transactions
The rise and fall of seller-financed notes in SBA transactions is a story of innovation, flexibility, and, ultimately, regulatory tightening that has dramatically reshaped how small business acquisitions are financed in the United States.
Evan Howard
May 127 min read
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Section 338(h)(10) Election: An In-Depth Guide for M&A Tax Planning
A Section 338(h)(10) election is a nuanced and powerful provision within the Internal Revenue Code, designed to provide flexibility in the tax treatment of certain corporate acquisitions.
Evan Howard
May 127 min read
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Phantom Employee Fraud: Legal, Tax, and Corporate Governance Implications
Phantom employee fraud is a serious threat to organizations of all sizes, with profound legal, tax, and governance consequences. Whether perpetrated by a rogue executive or a business owner seeking to enrich family members, these schemes can result in criminal prosecution, civil liability, tax penalties, and lasting reputational damage.
Evan Howard
May 106 min read
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The Antiplaque and Antigingivitis OTC Monograph: Science, Regulation, and the Future of Gum Health
Gum health is a vital, yet often overlooked, component of overall well-being. While much public attention is given to cavity prevention, the fight against plaque and gingivitis is just as crucial.
Evan Howard
May 108 min read
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Understanding Multi-Step Transactions in Mergers and Acquisitions
While the concept of one company buying another seems straightforward on the surface, the reality is far more intricate. Many M&A deals, especially those involving public companies or complex ownership structures, require a series of coordinated legal and financial steps to achieve the desired outcome.
Evan Howard
May 97 min read
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Chapter III: Prohibited Acts and Penalties of the FD&C Act
The Federal Food, Drug, and Cosmetic Act (FD&C Act) is the cornerstone of food and drug law in the United States. Chapter III of the FD&C...
Evan Howard
May 86 min read
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Understanding the Anticaries, Antiplaque Antigingivitis, and Hypersensitivity OTC Monographs: Creation, Status, and Impact
Oral health is a cornerstone of overall well-being, and millions of people rely on over-the-counter (OTC) products every day to prevent cavities, fight plaque and gingivitis, and manage tooth sensitivity.
Evan Howard
May 78 min read
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Beyond the Basics: Navigating the Complexities of S-Corporations in Modern Business
The S-Corporation, or S-Corp, is a fixture in American business, prized for its tax efficiency and liability protections. Yet, confusion abounds-one of the most common errors is thinking of the S-Corp as a type of business entity, like an LLC or a C-Corporation.
Evan Howard
May 67 min read
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FTC Process Before Filing a Lawsuit Over Marketing Claims
When the Federal Trade Commission (FTC) identifies potentially deceptive marketing claims, they follow a structured enforcement process designed to protect consumers while encouraging voluntary compliance.
Evan Howard
May 53 min read
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Understanding the Difference Between Non-Disclosure Agreements and Confidentiality Agreements
When it comes to protecting sensitive business information, two terms often come up: non-disclosure agreement (NDA) and confidentiality agreement.
Evan Howard
May 46 min read
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How Most Small Businesses Are Valued: Understanding Multiples of EBITDA and Seller’s Discretionary Earnings
Valuing a small business is a nuanced process that blends financial analysis with market insight and an understanding of the unique characteristics of each company.
Evan Howard
May 36 min read
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Creative Financing in Business Acquisition: A Case Study on Structuring a Win-Win Deal
In the world of business acquisitions, rarely does a deal come together with a one-size-fits-all approach. Buyers and sellers often have different priorities, and traditional financing sometimes falls short of meeting everyone’s needs.
Evan Howard
May 27 min read
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Exposing the Truth: Recent Lawsuits Over False and Misleading Claims in Oral Care Product Advertising
The oral care industry is extremely competitive, with brands vying for consumer trust through bold claims about whiter teeth, cavity protection, and even broader health benefits.
Evan Howard
May 15 min read
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The Removal of Loan Contingency in NC Real Estate Form 580-T: A Consumer's Nightmare
he North Carolina Association of REALTORS® (NCAR) has made a significant change to Standard Form 580-T, the Offer to Purchase and Contract form, by removing the agent commission contingent on financing.
Evan Howard
Apr 305 min read
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Case Study: Creative Financing in a Complex Business Acquisition
In this case study, we’ll walk through the real-world journey of representing a buyer in the acquisition of a business division.
Evan Howard
Apr 307 min read
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The FDA Cosmetic Act: In-Depth Analysis of the Federal Food, Drug, and Cosmetic Act and Its Modern Impact on Cosmetic Regulation
The FDA Cosmetic Act, formally known as the Federal Food, Drug, and Cosmetic Act (FD&C Act), is the foundation of modern cosmetic regulation in the United States.
Evan Howard
Apr 299 min read
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What Is a Micro Acquisition? An Introduction for Main Street Business Owners
You may have heard the term micro acquisition thrown around in business circles, especially as more Main Street business owners look for practical, profitable ways to exit or expand.
Evan Howard
Apr 287 min read
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Toothpaste Regulation: How Ingredients and Marketing Claims Can Trigger Clinical Trial Requirement
Toothpaste is a product almost every American uses daily, but few consumers realize the regulatory complexity behind that familiar tube.
Evan Howard
Apr 286 min read
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Understanding Debt Service Coverage Ratio (DSCR) in Business Acquisitions
The DSCR is a measure of the cash flow a business generates relative to its debt payments. In simple terms, it answers the question: "Does this business generate enough income to comfortably pay its debts?"
Evan Howard
Apr 277 min read
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