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Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Memoranda on Subject Matter Eligibility

Late last week, the U.S. Patent and Trademark Office (USPTO) published three memos addressing its latest policies regarding subject matter eligibility. These included “Subject Matter Eligibility Declarations” from Director...more

NAVEX

How the Government Shutdown Impacts Whistleblowers: The Hidden Cost for Accountability

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The longest government shutdown in U.S. history began October 1, 2025, lasting 43 days – but federal government agency whistleblower programs, whistleblower reporting and accountability oversight controls continue to feel the...more

Kelley Drye & Warren LLP

FTC Quietly Reopens Click to Cancel Rulemaking in Response to Petition

In July, the Eighth Circuit vacated the FTC’s “Click to Cancel Rule.” Since then, the FTC has continued to challenge cancellation practices under other authority....more

Bradley Arant Boult Cummings LLP

How Much Does the New Federal Hemp Law Really Change Business for Existing Hemp Companies?

Sportscaster Jim McKay famously said that “our greatest hopes and worst fears are seldom realized.” When the federal government enacted a law that, on its face, would essentially eradicate the consumable hemp industry in...more

Kelley Drye & Warren LLP

CIT Outlines Next Steps for China Section 301 Litigation

As previously reported, on September 25, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Court of International Trade’s (CIT) decision upholding the Section 301 China tariffs imposed during President...more

Morrison & Foerster LLP

USPTO Puts Subject Matter Eligibility Declarations in the Spotlight

On December 4, 2025, U.S. Patent and Trademark Office (USPTO) Director John Squires issued two memoranda addressing subject matter eligibility and spotlighting an additional pathway to overcome a rejection under 35 U.S.C. §...more

Jackson Lewis P.C.

The Hidden Risks of Information Disclosure: A Costly Lesson from Cornwall

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When Royal Cornwall Hospital responded to a routine Freedom of Information request in 2023, they had no idea they were about to expose sensitive staff data to the public. The hospital recently apologized after discovering...more

Husch Blackwell LLP

State Attorneys General Launch New BNPL Inquiry

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On December 1, Attorneys General from Connecticut, North Carolina, California, Colorado, Illinois, Minnesota, and Wisconsin sent letters to certain buy now pay later (BNPL) providers requesting information related to their...more

Warner Norcross + Judd

SBA Requires 8(a) Federal Contracting Program Participants to Produce Financial Records

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On Friday, Dec. 5, the U.S. Small Business Administration (SBA) sent letters to all 4,300 8(a) Business Development Program (8(a) Program) participants requiring production of detailed financial records for the last three...more

Blake, Cassels & Graydon LLP

L’Ontario élargit sa campagne d’achat local grâce à la Loi de 2025 visant à encourager à acheter ontarien

Contexte - Le 20 novembre 2025, le gouvernement de l’Ontario a déposé le projet de loi 72, la Loi de 2025 visant à encourager à acheter ontarien (approvisionnement du secteur public) (la « Loi »). Si elles sont adoptées,...more

Troutman Pepper Locke

From “Operation Chokepoint 2.0” to Fair Banking: What the House Report Alleges and How the OCC Responded

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On November 25, the House Financial Services Committee majority staff published Operation Chokepoint 2.0: Biden’s Debanking of Digital Assets, a detailed account of how, in the Committee’s view, federal prudential regulators...more

Blake, Cassels & Graydon LLP

Consultation sur les modifications proposées aux exigences relatives aux licences d’établissement d’instruments médicaux

Le 8 novembre 2025, Santé Canada a publié le Règlement modifiant le Règlement sur les instruments médicaux (licences d’établissement) (le « projet de règlement ») dans La Gazette du Canada, lequel propose des changements aux...more

BakerHostetler

Turning the Tide on the NLRB Trigger Bill: Preemption Prevails (for Now) Over New York

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The tide may be turning against any state law attempting to supplant the National Labor Relations Board (NLRB or Board)....more

Ice Miller

Ex Parte Reexamination Keeps Looking Like a Better Post-Grant Option for Patent Defendants

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The Federal Circuit recently made ex parte reexamination proceedings more attractive for those accused of patent infringement. The Court’s decision in In re Gesture Technology Partners, LLC, No. 2025-1075 (Fed. Cir. Dec. 1,...more

Clark Hill PLC

U.S. Supreme Court to Review the Administration’s Birthright Citizenship Order

Clark Hill PLC on

On Dec. 5, 2025, the U.S. Supreme Court has agreed to review the legality of the Administration’s Birthright Citizenship Executive Order, issued on January 20, 2025. Birthright Citizenship is currently guaranteed under the...more

Beveridge & Diamond PC

FIFRA Enforcement: 2025 Year-End Roundup and Looking Forward to 2026

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Robust U.S. Environmental Protection Agency (EPA) enforcement under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) continued throughout 2025, marked by several high-value settlements—particularly involving...more

Bergeson & Campbell, P.C.

EPA Begins Public Comment Period on Updated Draft Risk Calculation Memorandum for Formaldehyde

On December 3, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on an Updated Draft Risk Calculation Memorandum (Draft Memorandum) to inform a revised draft risk...more

Kilpatrick

6 Key Takeaways | Update on Significant Unclaimed Property Issues

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Kilpatrick’s Jordan Goodman presented an update on significant unclaimed property issues nationwide during a Council On State Taxation (COST) webinar on December 5, 2025....more

Guidepost Solutions LLC

Shortened Validity Periods of Employment Authorization Documents Will Affect Businesses!

On December 4, 2025, the Department of Homeland Security (DHS) announced it is shortening the maximum durations of most employment authorization documents (EAD) for those whose status categories are applicable. The update...more

Proskauer - Labor Relations Update

Removable At Will: D.C. Circuit Strips NLRB Members Of Job-Removal Protections

On December 5, 2025, a divided D.C. Circuit panel held that for-cause job-removal protections for members of the National Labor Relations Board (“NLRB” or “Board”) and Merit Systems Protection Board are unconstitutional...more

Davis Wright Tremaine LLP

Key Insights From the Civilian Board of Contract Appeals: Termination for Convenience, Cost Recovery on a Potential Loss Contract

"It is well-settled that a terminated contractor's recovery is limited to the contract price, less the monies already paid to the contract during performance, plus settlement expenses. In addition, it is well-settled that, if...more

Thompson Coburn LLP

The Gamble Behind ‘No-Risk’ Games: Legal Challenges Across States

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You walk into a gas station to pick up your favorite road trip treats and a drink to keep you alert. While making your selections, your attention is drawn to a sight familiar to many: flashing lights and animations that pull...more

Harris Beach Murtha PLLC

NYSDEC Finalizes Mandatory Greenhouse Gas Emissions Reporting Regulations

On Dec. 1, 2025, the New York State Department of Environmental Conservation (DEC) finalized regulations establishing a Mandatory Greenhouse Gas (GHG) Reporting Program under 6 NYCRR Part 253. This rule implements a key...more

Troutman Pepper Locke

12 Days of Regulatory Insights: Day 4 – Open Records Realities — Regulatory Oversight Podcast

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In this episode of our special 12 Days of Regulatory Insights podcast series, RISE Practice Group Partners Lauren Fincher and Brian O'Reilly look at practical, recent developments and trends in open records laws for 2025....more

Wilson Sonsini Goodrich & Rosati

CARB Announces Non-Enforcement of SB 261 Amid Ninth Circuit Injunction

On December 1, 2025, the California Air Resources Board (CARB) announced in an enforcement advisory that it would not enforce SB 261 against covered companies that do not submit climate-related financial risk reports (Risk...more

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