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
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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…
RFO Consolidation Limitations Do Not Apply to BPAs, Says GAO
Contractors tracking the government’s growing reliance on Blanket Purchase Agreements (BPAs) and the rollout of the Revolutionary Federal Acquisition Regulation Overhaul (RFO) should take note of Government Accountability Office (GAO) bid protest decisions interpreting the new rules.
A recent GAO…
Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”
On June 29, the Supreme Court agreed to review the question of whether judges or juries should decide a trademark’s inherent strength when assessing whether consumers are likely to be confused by the mark in trademark disputes under the Lanham…
The Lawyer in the Room: A Lawyer’s Role in the NTSB Process
The National Transportation Safety Board operates under a mandate that is almost philosophically distinct from the legal system that surrounds it. The Board does not assign blame. It does not determine liability. It does not adjudicate fault in any legally…
State and Federal PFAS Litigation – 2019 to Q2 2026
Complex Family Financial Cases Get the “Specialty Court” Treatment in Newly Adopted North Carolina Budget
North Carolina Gov. Josh Stein signed budget legislation yesterday that resolved a long-standing stand-off between Republicans in the state House and Senate. Republicans in both chambers passed their own budgets in 2025 but couldn’t reach a final deal over employee…
