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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 3011 min read
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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 298 min read
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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 288 min read
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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 2314 min read
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Business Sellers: Why Hiring an M&A Attorney Beats a Business Broker Every Time
Selling your business is one of the biggest financial decisions you will make. While business brokers advertise "turnkey" solutions and promise to tap their networks, their 10–15% fee on the sale price can translate into tens, if not hundreds, of thousands of dollars lost.
Evan Howard
Oct 2215 min read
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When Business Brokers Go Rogue: A Pattern of Fraud, Theft, and Consumer Harm
Witnessing the aftermath of these failures firsthand through clients who lost their life savings to fraudulent brokers, had their funds stolen by unlicensed practitioners, or suffered massive financial harm through gross incompetence that would have been prevented by basic professional oversight.
Evan Howard
Oct 1513 min read
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The Wild West of Business Brokerage: States Where Anyone Can Call Themselves a Business Broker
Imagine if anyone could hang out a shingle tomorrow and start calling themselves a doctor, lawyer, or financial advisor with zero education, no licensing requirements, no oversight, and no accountability. Sound absurd?
Evan Howard
Oct 1310 min read
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Part IV: How to Negotiate Better Terms in the Florida Business Brokers Contract - If You Must Use It
After three comprehensive parts analyzing the Business Brokers of Florida standard Asset Purchase Agreement, Howard Law's position remains unchanged: buyers should refuse to execute this document in any form and instead demand attorney-drafted purchase agreements that actually protect their interests.
Evan Howard
Oct 1013 min read
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Part III: The Remaining Traps in the Florida Business Brokers Contract - Environmental Disclaimers, Tax Provisions, and Enforcement Barriers
The BBF contract represents sophisticated drafting designed to create maximum advantage for brokers and sellers while shifting maximum risk to buyers who will bear the greatest financial exposure in these transactions.
Evan Howard
Oct 912 min read
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Part II: Dissecting the Florida Business Brokers Contract - The Buyer Trap Exposed
The BBF Asset Purchase Contract represents a masterclass in one-sided contract drafting designed to protect everyone except the buyers who will bear the greatest financial risk in these transactions.
Evan Howard
Oct 813 min read
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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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Oral Care Product Recalls: Recent Developments in Dental Consumer Protection
The oral care industry has faced significant scrutiny in recent years, with product recalls and competition concerns affecting millions of consumers worldwide.
Evan Howard
Sep 910 min read
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The Boka vs. Crest Battle: NAD's Nano-Hydroxyapatite Decision and the Future of Fluoride-Free Claims
If you've been following the toothpaste wars, May 2025 marked a pivotal moment when the oral care industry found itself in the spotlight over a heated dispute between two very different approaches to dental health. On one side, you had Essor Group, the company behind Boka's nano-hydroxyapatite toothpaste, promising a fluoride-free future for oral care. On the other, Procter & Gamble, the giant behind Crest, challenged those very promises through the National Advertising Divis
Evan Howard
Aug 186 min read
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Children at Risk: Analyzing the 2025 Class Action Wave Against Major Fluoride Toothpaste Manufacturers
In January 2025, class action lawsuits were filed that shook the oral care industry to its core. Parents and advocates across the U.S. took a bold stand against iconic brands Crest, Colgate, Tom’s of Maine, Hello Products, Perrigo (Firefly), and Chattem (ACT), demanding answers and accountability for allegedly deceptive and hazardous marketing practices tied to fluoride-based toothpaste and mouthwash for children.
Evan Howard
Aug 175 min read
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New Drug Applications vs. 510(k) Submissions: A Guide, Breakdown and Differences to FDA Pathways for Oral Care Product Innovators
If you’re innovating in the oral care space, whether you’re developing a new mouth rinse, a high-tech toothbrush, a dental appliance, or a novel toothpaste, understanding the FDA’s regulatory pathways is essential. The two main routes you’ll encounter are the New Drug Application (NDA) and the 510(k) premarket notification. These processes are fundamentally different, and picking the right one can mean the difference between a smooth launch and years of regulatory headaches.
Evan Howard
Jun 166 min read
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GuruNanda Pulling Oil Case: What the NAD and NARB Decisions Mean for Natural Oral Care Claims
In recent years, the oral care market has seen a surge in products touting natural ingredients and traditional remedies, with oil pulling emerging as a popular trend among consumers seeking holistic dental health solutions.
Evan Howard
Jun 138 min read
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The Hypersensitivity OTC Monograph: Science, Regulation, and the Future of Tooth Sensitivity Relief
Tooth sensitivity is a common dental complaint, affecting millions of adults worldwide. Whether triggered by hot or cold foods, sweet treats, or even a breath of chilly air, sensitive teeth can make everyday pleasures uncomfortable or even painful. Over-the-counter (OTC) products that promise relief from tooth sensitivity are a mainstay in oral care aisles, but few consumers realize the regulatory framework behind the scenes which ensure their safety and effectiveness.
Evan Howard
Jun 118 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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Titanium Dioxide in Oral Care Products: History, Safety, and Regulatory Landscape
Titanium dioxide has been a central ingredient in toothpaste and other oral care products for decades, valued for its whitening properties and visual appeal. Its safety has been supported by regulatory approval and scientific research, but recent concerns about nanoparticles and potential genotoxicity have led to bans in food products in Europe and increased scrutiny in the United States.
Evan Howard
Jun 26 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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