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Florida Business Brokers and Unauthorized Practice of Law: What Buyers Need to Know
Florida business brokers routinely violate unauthorized practice law. Learn how these violations cost buyers thousands. Expert guidance from Howard Law NC attorneys.
Evan Howard
Oct 715 min read
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Unreasonable Restraint on Trade: Legal Principles, Case Law, and Statutory Framework
The concept of unreasonable restraint of trade is a cornerstone of American antitrust law, shaping the way businesses interact, compete, and innovate - but also elusive and hard to understand. At its heart, this legal doctrine is designed to ensure that competition remains fair and robust, protecting both consumers and the broader economy from the harms of monopolistic or collusive behavior.
Evan Howard
Jun 258 min read
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Supreme Court Clarifies Corporate Affiliate Liability Under the Lanham Act: Key Takeaways from Dewberry Group v. Dewberry Engineers
In February 2025, the United States Supreme Court issued a landmark ruling in Dewberry Group, Inc. v. Dewberry Engineers Inc., clarifying the boundaries of liability for corporate affiliates in trademark infringement cases under the Lanham Act. The decision, which reversed a $43 million disgorgement award against Dewberry Group that included the profits of its affiliated companies, has sent ripples through the corporate, intellectual property, and M&A legal communities.
Evan Howard
Jun 238 min read
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Legal Issues and Tax Implications When Acquiring an S-Corporation
Acquiring an S-Corporation is a significant event for both buyers and sellers, and it’s not as simple as just signing on the dotted line. The process is filled with legal and tax considerations that can have long lasting effects on both parties; a process that is unique to S-Corporations. If you’re contemplating such a transaction, it’s crucial to understand not just the basics, but also the issues that can arise.
Evan Howard
Jun 209 min read
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Successor Employer Liability in North Carolina: Navigating Employee Misclassification and Risks after an Acquisition
Purchasing a business in North Carolina can be a lucrative and exciting opportunity, but it also comes with a web of legal, financial, and operational risks. One of the most significant, and overlooked, risks is that of successor employer liability. This risk is particularly relevant when the seller has engaged in employee misclassification, treating workers as independent contractors (1099) when the law requires them to be classified as employees (W-2).
Evan Howard
Jun 916 min read
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Tax Implications and Consequences of Multi-Step Transactions in Mergers and Acquisitions
Multi-step transactions in mergers and acquisitions are not just strategic maneuvers for operational integration-they are also critical tools for optimizing tax outcomes. These structures, which unfold across phased legal and financial steps, create unique opportunities and challenges for buyers, sellers, and their advisors.
Evan Howard
Jun 66 min read
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Understanding IRC 704(c): An Analysis of Tax Implications for Partnership Contributions
IRC Section 704(c) is a critical provision of the Internal Revenue Code that addresses how partnerships must allocate income, gain, loss, and deduction with respect to property contributed by partners. The fundamental purpose of Section 704(c) is to prevent the shifting of tax consequences among partners with respect to precontribution gain or loss.
Evan Howard
Jun 46 min read
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Section 336(e) Election: A Guide for Buyers and Sellers
When structuring the sale or acquisition of a business, understanding the tax implications is crucial because they can significantly affect the overall value of the transaction for both buyers and sellers. Among the various tax provisions available, two stand out for their ability to transform stock sales into asset sales for tax purposes: Section 336(e) and Section 338(h)(10) of the Internal Revenue Code.
Evan Howard
Jun 28 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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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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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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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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Understanding Purchase Price Allocation in a Purchase Agreement
Purchase price allocation is a foundational process in any business acquisition, with far-reaching implications for financial reporting, tax planning, and negotiation strategy.
Evan Howard
Apr 185 min read
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Business Broker Commission if Transaction Fails; Carolina Business Brokers V. Strickland
Sunbelt sues for commission of failed transaction and loses; eventually.
Evan Howard
Apr 145 min read
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Unveiling the Unknown: A Brief Overview of the M&A Process
Understanding the M&A process is not just about acquiring a business; it is about strategic growth and vision.
Evan Howard
Mar 234 min read
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Understanding the Differences Between a Stock Sale and an Asset Sale
Here we will delve into the specifics of these differences to help understand the implications a stock and asset sale.
Evan Howard
Mar 234 min read
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How SBA 7(a) Loans Can Benefit Your Small Business: Exploring Eligibility, Maximum Loan Amount, and More
In an ever-changing entrepreneurial landscape, small businesses play a crucial role in our economy.
Evan Howard
Mar 124 min read
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Understanding Breach of Contract in North Carolina: Types, Legal Remedies, Defenses, and Statute of Limitations
A breach of contract happens when one party fails to meet their obligations under a legally binding agreement.
Evan Howard
Mar 95 min read
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Understanding the Legal Ramifications: When is a Principal Liable for the Actions of Their Agent in Tort Cases?
Agency relationships play a crucial role in the realm of business transactions, enabling individuals or entities to act on behalf of others
Evan Howard
Mar 85 min read
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Understanding the Rights, Duties, and Liabilities Between Principal and Third Parties in Agency Law
Agency law plays a vital role in the business world. Learning the complexities and liabilities.
Evan Howard
Mar 74 min read
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