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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 8, 20256 min read


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 7, 20258 min read


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 6, 20257 min read


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 5, 20253 min read


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 4, 20256 min read


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 3, 20256 min read


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 2, 20257 min read


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 1, 20255 min read


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 30, 20255 min read


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 30, 20257 min read


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 29, 20259 min read


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 28, 20257 min read


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 28, 20256 min read


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 27, 20257 min read


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 26, 20257 min read


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 25, 20255 min read


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 25, 20259 min read


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 24, 20254 min read


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 24, 20254 min read


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 24, 20257 min read
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