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Policy Memorandums

BakerHostetler

Navigating Patent Eligibility in the Age of AI: Strategic Insights from the USPTO’s August 2025 Guidance

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The August 4, 2025 memorandum (Memo) issued by the U.S. Patent and Trademark Office (USPTO) clarifies how examiners should approach subject matter eligibility under 35 U.S.C. § 101. Importantly, the Memo provides critical...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September 2025 To-Do List

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Here are the top ten items you should tackle in September, based on the latest workplace law developments and upcoming critical compliance dates...more

Tarter Krinsky & Drogin LLP

New USCIS Policy Memoranda Raise the Bar for Citizenship Eligibility

On August 15, 2025, United States Citizenship and Immigration Services (USCIS) issued a policy memo outlining additional and unprecedented criteria to establish eligibility for applicants applying for U.S. citizenship. To...more

Fisher Phillips

Employers Gain Additional Defenses In Union Salting And Deferral Cases Thanks to New Guidance from NLRB Official

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The National Labor Relations Board’s Acting General Counsel recently issued two policy memos reshaping how you can handle union-related risks in salting and deferral cases. The salting guidance provides a roadmap for...more

Venable LLP

DOJ Issues Expanded Guidance on DEI-Related Practices

Venable LLP on

On July 29, the Office of the U.S. Attorney General issued a memorandum that offers additional color respecting unlawful discrimination, which President Trump originally characterized as “illegal DEI” in his January 2025...more

Cozen O'Connor

Florida AG Bars Outside Counsel with DEI or ESG Practices

Cozen O'Connor on

Florida AG James Uthmeier issued a policy memo to some law firms in Florida informing them that his office will no longer retain outside counsel that engages in diversity, equity and inclusion (DEI) or environmental, social...more

Fish & Richardson

USPTO Limits Use of General Knowledge in IPR Proceedings

Fish & Richardson on

On July 31, the United States Patent and Trademark Office issued a memorandum (“Memo”) announcing that the Office will renew enforcement of 37 C.F.R. § 42.104(b)(4) (“Rule 104(b)(4)”) in inter partes review (IPR) proceedings....more

BakerHostetler

Trump Administration Releases New Guidance on Unlawful DEI

BakerHostetler on

On July 30, the Department of Justice (DOJ) issued a new memorandum from Attorney General Pam Bondi that provides further guidance on what DEI practices the Trump Administration considers unlawful discrimination. ...more

WilmerHale

DOJ Civil Division Issues Enforcement Priorities Memorandum

WilmerHale on

On June 11, 2025, the recently confirmed Assistant Attorney General for the Civil Division, Brett Shumate, issued a memorandum directing Civil Division lawyers to prioritize investigations and enforcement actions advancing...more

WilmerHale

New Internal DOJ Guidance on Compensating Victims and Coordinating Corporate Penalties in Parallel Proceedings

WilmerHale on

On June 5, 2025, the Department of Justice (“DOJ”) directed prosecutors to prioritize compensating victims when resolving multiagency investigations involving corporate defendants. ...more

Holland & Knight LLP

DOD Secretary Directs Limitation of IT Consulting and Advisory Services Contracts

Holland & Knight LLP on

The U.S. Department of Defense (DOD) on May 27, 2025, issued a memorandum implementing Executive Order (EO) 14222. As our team previously summarized, EO 14222 implemented the Department of Government Efficiency's (DOGE) "cost...more

Latham & Watkins LLP

Key Insights on DOJ's Civil Rights Fraud Initiative

Latham & Watkins LLP on

In a memorandum dated May 19, 2025, Deputy Attorney General Todd Blanche announced the establishment of a new Civil Rights Fraud Initiative (the Initiative) at the Department of Justice (DOJ)....more

Womble Bond Dickinson

Department of Energy Issues Policy Memo on Clean Energy Grant Spending Reviews

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In March 2025, the Department of Energy was rumored to be reviewing projects, which were awarded billions of dollars under the Biden Administration. This review reportedly targeted any program or project that had spent less...more

Benesch

UPDATE: English Language Proficiency Requirements for Drivers

Benesch on

The Federal Motor Carrier Safety Administration (“FMCSA”) issued an internal policy on May 20, 2025, outlining its approach to English language proficiency (“ELP”) for commercial motor vehicle drivers. This policy is more...more

Holland & Knight LLP

New Guidance Regarding Fintiv Discretionary Denial at the PTAB

Holland & Knight LLP on

Two recent memoranda from the Patent Trial and Appeal Board (PTAB or Board) have sought to clarify the factors by which boards will evaluate discretionary denial under Fintiv. This guidance follows the U.S. Patent and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Rescinded Guidance: Unpacking NLRB Acting General Counsel Cowen’s Policy Overhaul

In one of his first acts in his new role, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded dozens of general counsel memoranda issued by his predecessor, former General Counsel Jennifer...more

Holland & Knight LLP

Rescission of the Fintiv Guidance Memorandum, and What Comes Next

Holland & Knight LLP on

The U.S. Patent and Trade Office (PTO) on February 28, 2025, rescinded former PTO Director Kathi Vidal's June 21, 2022, memorandum (Memorandum) addressing discretionary denial of inter partes review (IPR) of patents that are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Authority to Issue Notices to Appear Is Expanded in Latest Policy Memorandum

On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) issued an updated policy memorandum expanding the authority of USCIS employees to issue notice to appear (NTA) charging documents to initiate removal...more

Smith Anderson

NLRB Acting General Counsel Overturns Numerous Pro-Labor Biden-Era Policies

Smith Anderson on

On February 14, 2025, the National Labor Relations Board’s ("NLRB" or "Board") Acting General Counsel ("GC"), William Cowen issued General Counsel Memoranda ("GC Memo") 25-05, which rescinded more than a dozen GC Memos issued...more

WilmerHale

PTAB/USPTO Update - March 2025

WilmerHale on

On February 24, 2025 the United States Patent and Trademark Office (USPTO) announced that David Gooder would step down from his role as Commissioner for Trademarks at the end of the month....more

Venable LLP

USPTO Rescinds 2022 Fintiv Memorandum

Venable LLP on

On February 28, 2025, the USPTO issued a Notice rescinding a Memorandum issued by former Director Kathy Vidal, which, since June 21, 2022, had defined USPTO guidance regarding whether to discretionarily deny a post-grant...more

BakerHostetler

The Return of ‘Fintiv’? Discretionary Denials of AIA Post-Grant Petitions Are Back on the Menu

BakerHostetler on

In one of the first acts by the United States Patent and Trademark Office (USPTO) in the new administration, the USPTO – via an email sent February 28 – rescinded former USPTO Director Kathi Vidal’s 2022 memorandum titled...more

Fenwick & West LLP

USPTO Rescinds 2022 Memorandum on Discretionary Denials of Post-Grant Proceedings

Fenwick & West LLP on

On February 28, 2025, the United States Patent and Trademark Office (USPTO) rescinded a June 2022 memorandum clarifying when the Patent Trial and Appeal Board (PTAB) can issue discretionary denials of post-grant patent...more

Akin Gump Strauss Hauer & Feld LLP

Memorandum for the Heads of Executive Departments and Agencies - Advancing United States Interests When Funding (Trump EO Tracker)

Summary - Directs the heads of executive departments and agencies to review all funding provided to NGOs and align future funding decisions with the interests of the United States and the goals of the Trump-Vance...more

Cozen O'Connor

New York Note: OMB Memorandum on Temporary Pause of Financial Assistance Programs

Cozen O'Connor on

Tuesday evening, January 27, 2025, Matthew Vaeth, the Acting Director of the Office of Management and Budget (OMB), distributed a Memorandum to all federal department and agency leaders, instituting a temporary pause on...more

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