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.

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.

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.

Florida business brokers routinely violate unauthorized practice law. Learn how these violations cost buyers thousands. Expert guidance from Howard Law NC attorneys.

The oral care industry has faced significant scrutiny in recent years, with product recalls and competition concerns affecting millions of consumers worldwide.

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

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.

The corporate veil doctrine serves as a judicial remedy rather than a standalone cause of action, allowing courts to look beyond the corporate form when necessary to prevent fraud or achieve equity.

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.

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.

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.

When structuring a business, asset protection is a critical consideration. Many entrepreneurs mistakenly assume that electing S-Corp status for their corporation provides the same liability safeguards as forming an LLC. However, a key distinction lies in charging orders - a legal remedy that determines whether creditors can seize ownership or control of your business.

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.

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.

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.

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).

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.

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.

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.

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.