In Big Apple Tompkins Realty LLC v. Commissioner, the Tax Court addressed a question of first impression: whether I.R.C. § 6234(a)’s 90-day petition filing deadline for partnerships subject to the Bipartisan Budget Act of 2015 (BBA) audit rules is
Latest from Fox Rothschild LLP - Page 3
Ninth Circuit Rules That a Parodic Dog Toy Does Not Dilute the Jack Daniel’s Brand: What Trademark Owners and Parodists Need to Know
On August 4, 2026, in VIP Products, LLC v. Jack Daniel’s Properties, Inc., the Ninth Circuit vacated a permanent injunction barring VIP Products from selling its “Bad Spaniels” squeaky dog toy, a parody of the Jack Daniel’s whiskey bottle. In
On Drones, Pleading Specificity, and Purported Novellas
Drone technology and its wide applications have had a sweeping impact in military and civilian settings. They have helped even the odds for Ukraine in defending against Russia’s invasion, and become enough of a war narrative that it was big
The Growing Business of Sports: A Tax Playbook Review
Get your popcorn ready because there is nothing more exciting than the intersection of sports and tax! As a former Division II athlete, the current state of college sports and Name, Image, and Likeness (NIL) deals is fascinating. Student-athletes typically
Two Demand Letters Before the First Paycheck: What This Says About California’s Litigation Climate
A new client of mine opened for business in California less than a week ago. Fifty employees, good intentions, and a genuine desire to get it right from day one. Before a single paycheck went out, the company received two
No Points for Participation: Passive Activity Rules and Loss Limitations
Classroom participation points may boost a child’s grade in history class, but merely raising your hand won’t get you far with the IRS. The passive activity loss rules under I.R.C. § 469 can make a real economic loss feel like
A Single Word Difference in a Trademark May Not Save a Likelihood of Confusion Finding
Can adding a single word to a trademark save it from a likelihood of confusion finding? According to a recent Federal Circuit decision, the answer is no—at least when the marks share the same core meaning and cover identical goods.
Earnout Dispute Dismissed in Part in Delaware’s CCLD
Long after a business is sold, the parties may find themselves litigating any number of aspects of the deal. In recent years, post-closing disputes involving “earnout” provisions have become increasingly common in Delaware. Under a typical earnout arrangement, the seller
Adam Conrad Designated as Chief Judge of North Carolina Business Court
Chief Justice Paul Newby has designated Judge Adam Conrad to serve as Chief Judge of the North Carolina Business Court, effective August 1, 2026. The announcement can be found here. Judge Conrad’s elevation comes at a transition point for
Client Alert—CMMC Level 2 November Deadline Suspended Indefinitely
On July 13, 2026, the Department of Defense (DoD) announced the immediate suspension of the Cybersecurity Maturity Model Certification (CMMC) Level 2 third-party assessment requirements, which were originally scheduled to come into effect on November 10, 2026. The announcement clarified