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Policy Memorandums

Holland & Knight LLP

New Guidance Regarding Fintiv Discretionary Denial at the PTAB

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Rescinded Guidance: Unpacking NLRB Acting General Counsel Cowen’s Policy Overhaul

In one of his first acts in his new role, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded dozens of general counsel memoranda issued by his predecessor, former General Counsel Jennifer...more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

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The U.S. Patent and Trade Office (PTO) on February 28, 2025, rescinded former PTO Director Kathi Vidal's June 21, 2022, memorandum (Memorandum) addressing discretionary denial of inter partes review (IPR) of patents that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

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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or "Board") Acting General Counsel ("GC"), William Cowen issued General Counsel Memoranda ("GC Memo") 25-05, which rescinded more than a dozen GC Memos issued...more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

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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

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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

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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

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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

Barnea Jaffa Lande & Co.

New memorandum of law regulating the crypto sector in Israel

Barnea Jaffa Lande & Co. on

The Israel Tax Authority and the Ministry of Finance have published a memorandum of law to regulate the digital asset sector in Israel. This memorandum recognizes digital assets for the first time as capital assets subject to...more

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

OSHA Enforcement Memo for Animal Slaughtering and Meat Processing Industries Portends In-Depth, Lengthy Investigations

On October 15, 2024, the Occupational Safety and Health Administration (OSHA) issued a new enforcement memorandum related to the animal slaughtering and meat processing industries. This is an expansion of an October 2015...more

Nutter McClennen & Fish LLP

NLRB General Counsel Says Noncompete and "Stay-or-Pay" Arrangements May Expose Employers to Damages

On May 30, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum setting forth the GC’s position that the proffer, maintenance, or enforcement of noncompete agreements...more

Vinson & Elkins LLP

Should I Stay or Should I Go? NLRB General Counsel Takes Aim at “Stay-or-Pay” Provisions

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In May 2023, Jennifer A. Abruzzo (the “General Counsel”), General Counsel for the National Labor Relations Board (“NLRB”), took the position that certain non-compete provisions violate the National Labor Relations Act...more

CDF Labor Law LLP

NLRB GC Memo Calls For Aggressive Retroactive Make-Whole Remedies Against Employers 

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Last year, National Labor Relations Board (“NLRB” or “Board”) General Counsel, Jennifer Abruzzo, issued GC Memorandum 23-08 opining that, with some exceptions, the maintenance and enforcement of non-compete agreements...more

Littler

NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on...

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On October 7, 2024, National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued GC Memorandum 25-01, consisting of two parts. First, the GC urges the NLRB to provide make-whole relief to employees if the Board...more

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

NLRB General Counsel Says ‘Stay-or-Pay’ Provisions Are Unlawful, Calls for Make-Whole Remedies for Noncompetes

In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views...more

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

Beltway Buzz - October 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Hinshaw & Culbertson - Employment Law...

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

Parker Poe Adams & Bernstein LLP

NLRB Memo Outlines Stricter Enforcement of Noncompetes and 'Stay-or-Pay' Provisions

The National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum this week titled "Remedying the Harmful Effects of Non-Compete and 'Stay-or-Pay' Provisions that Violate the National Labor...more

Steptoe & Johnson PLLC

NLRB: Use of Non-Compete and "Stay-or-Pay" Clauses May Trigger Significant Monetary Consequences for Employers

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On October 7, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo issued Memorandum GC 25-01, reinforcing and expanding previous positions on how certain restrictive covenants may violate the National...more

Dorsey & Whitney LLP

DOJ Updates the Evaluation of Corporate Compliance Program Memorandum, Emphasizing Emerging Technologies, Data Analytics, and...

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On September 23, 2024, the U.S. Department of Justice (“DOJ”) released updates to its Evaluation of Corporate Compliance Programs policy (the “Updated ECCP”), building upon the March 2023 updates. Since 2017, DOJ has offered...more

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

Beltway Buzz - August 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

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

Beltway Buzz - July 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

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