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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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Legal Consequences When Majority Shareholders or Directors Steal From a Company: Case Examples and Analysis
When a majority shareholder or board member steals from a company, they breach their fiduciary duties and expose themselves to serious legal and financial repercussions, as well as lasting reputational damage.
Evan Howard
Apr 267 min read
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The Dreaded Addbacks in Business Valuation
ddbacks are adjustments made to a business’s earnings—typically EBITDA (Earnings Before Interest, Taxes, Depreciation, and Amortization)—to account for discretionary, non-recurring, or non-operational expenses.
Evan Howard
Apr 255 min read
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Shareholder Rights in Mergers and Acquisitions: Navigating Minority Protections, Forced Sales, and Legal Recourse
In the high-stakes world of mergers and acquisitions (M&A), the rights of shareholders—especially those in the minority—are a critical part of the corporate governance landscape.
Evan Howard
Apr 259 min read
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Understanding the SBA’s New Equity Injection Rules: What Borrowers Need to Know About SOP 50 10
Under the updated SOP 50 10, any transaction resulting in a complete change of ownership—such as purchasing a business or acquiring a partner’s stake—requires the borrower to contribute a minimum of 10% of the total project costs as an equity injection. Are there exceptions?
Evan Howard
Apr 244 min read
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Understanding Majority Shareholder Oppression: Common Tactics Used Against Minority Shareholders
When you invest in a company as a minority shareholder, you expect fair treatment, transparency, and a voice in major decisions. Unfortunately, the reality can sometimes be very different.
Evan Howard
Apr 244 min read
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SBA SOP 50 10 8: A Comprehensive Guide to the Latest SBA Loan Program Rules
The SBA’s Standard Operating Procedures (SOPs) are the backbone of its loan programs, and the release of SOP 50 10 8 marks a significant update for lenders, borrowers, and professionals working with SBA-backed loans.
Evan Howard
Apr 247 min read
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What is a Type D Tax-Free Reorganization?
A Type D tax-free reorganization is a corporate restructuring mechanism under the U.S. Internal Revenue Code (IRC) that allows businesses to transfer assets between corporations without triggering immediate tax consequences.
Evan Howard
Apr 235 min read
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SBA SOP 50 10 7.1: The Rulebook Behind America’s Small Business Loans
At its core, SOP 50 10 is the SBA’s instruction manual for lenders. It spells out everything from eligibility rules to how loans get approved, disbursed, and monitored.
Evan Howard
Apr 224 min read
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Investor Veto Rights Vetoed by the Court: How Delaware’s Moelis & Co. Decision Changed the Game
Delaware Court of Chancery ruling sent shock waves through the venture capital and private equity worlds.
Evan Howard
Apr 225 min read
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The Great Corporate Migration: Why Companies Are Fleeing Delaware’s Courts
DEXIT showing to be a possible exodus of US corporations from the once business friendly State of Delaware.
Evan Howard
Apr 215 min read
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