News & Analysis as of

Administrative Procedure Act Rulemaking Process

Sheppard Mullin Richter & Hampton LLP

Federal Court Halts Implementation of CFPB’s Open Banking Rule

On October 29, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction prohibiting the Consumer Financial Protection Bureau from enforcing its Personal Financial Data Rights Rule, also...more

Cozen O'Connor

Democratic AGs Take Issue with DOL’s Risky Reinterpretation of General Duty Clause

Cozen O'Connor on

Illinois AG Kwame Raoul co-led a group of 11 Democratic AGs and three state labor departments in submitting a letter opposing a U.S. Department of Labor (DOL) proposed rule that would limit the Occupational Safety and Health...more

Haug Partners LLP

Proposed USPTO Rules Would Significantly Limit Availability of IPRs

Haug Partners LLP on

On October 17, 2025, the USPTO published a notice of proposed rulemaking (NPRM) that proposes new rules that would significantly limit the circumstances in which the PTAB can institute or maintain an IPR where the patent has...more

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

OSHA Under OIRA’s Deregulatory Memo: What Changes to Expect and What’s at Stake

The October 21, 2025, memorandum from the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) sets out an aggressive framework to accelerate deregulatory actions across the federal...more

Shook, Hardy & Bacon L.L.P.

D.C. District Court Dismisses Lawsuit Regarding PFAS in Biosolids

A federal district court has dismissed a lawsuit brought by farmers, environmental groups and local governments against the Environmental Protection Agency (EPA), according to the opinion issued by Judge Dabney L. Friedrich...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Streamlining the Review of Deregulatory Actions: U.S. Office of Management and Budget Memorandum

The Memorandum is directed to “Regulatory Policy Officers at Departments and Agencies and Managing and Executive Directors of Commissions and Boards” from Jeffrey Bossert Clark, Sr., Acting Administrator of Office of...more

Orrick, Herrington & Sutcliffe LLP

CFPB mostly rescinds two amendments to its adjudication proceedings

On October 29, the CFPB published a final rule in the Federal Register rescinding most of its amendments made to rules related to adjudication proceedings in February 2022 and March 2023. The amendments had made changes to...more

Bradley Arant Boult Cummings LLP

Final Impact? EEOC Closing of Disparate Impact Investigations Is Challenged

Like almost every federal agency, things have certainly changed at the Equal Employment Opportunity Commission (EEOC) in the last 10 months. One of those significant changes has been the departure from investigation of claims...more

Akerman LLP - SALT Insights

Massachusetts’ Latest Attack on P.L. 86-272

Massachusetts is the latest state to attempt to narrow the scope of Federal law P.L. 86-272. On October 10, the Commonwealth issued final regulations targeted at cookies placed on computers or other electronic devices of...more

Morgan Lewis - Up & Atom

Speeding Up Deregulation: Inside OIRA’s New Streamlining Memorandum

Morgan Lewis - Up & Atom on

On October 21, 2025, the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget issued Memorandum M-25-36, Streamlining the Review of Deregulatory Actions. ...more

Fox Rothschild LLP

PFAS Drinking Water Standards Litigation Paused Amid Government Shutdown; Briefing Scheduled for Hazardous Substance Designation...

Fox Rothschild LLP on

On October 3, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA’s unopposed motion to hold the PFAS drinking water standards litigationin abeyance due to the lapse in appropriations as a result of the...more

Davis Wright Tremaine LLP

Will Crypto Capital Find a Home in the U.S.?

Two recent scholarly articles, recent administrative law decisions, and the Report of the President's Working Group on Digital Assets ("PWG Report") may provide important clues for the potential future for the regulation of...more

A&O Shearman

USPTO Proposes PTAB Rule Revisions to Curb Serial and Parallel Challenges, Bolster Patent Reliability

A&O Shearman on

The United States Patent and Trademark Office has proposed a significant overhaul of its rules for instituting inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB). Framed as a procedural reform aimed at...more

Morgan Lewis

USPTO Proposes New Institution Rules and Director Takes Over Merits-Based Institution Decisions

Morgan Lewis on

The US Patent and Trademark Office (USPTO) has announced two major, interrelated policy shifts: (1) proposed amendments that would limit the institution of inter partes review (IPR) proceedings in cases where validity has...more

Fitch, Even, Tabin & Flannery LLP

USPTO Announces Potential Rule Changes Governing PTAB Inter Partes Review Practice

On October 16, the USPTO issued a notice of proposed rulemaking, seeking rule changes that impact the availability of inter partes reviews (IPRs). The new rules specify broad categories of situations in which IPRs will not be...more

Groom Law Group, Chartered

Court Rules That CMS Cannot Extrapolate Medicare Advantage Risk Adjustment Audit Results

On September 25, a federal district court vacated the Medicare Advantage risk adjustment and data validation (“RADV”) final rule that would have enabled the Centers for Medicare & Medicaid Services (“CMS”) to extrapolate RADV...more

Stevens & Lee

NJDOL Continues Its Legal Challenge on the Independent Contractor Model

Stevens & Lee on

The New Jersey Department of Labor and Workforce Development (NJDOL) has, through regulations and practices, used its powers to attempt to challenge the independent contractor model by deeming drivers who own their own trucks...more

King & Spalding

Antitrust Agencies Target Over 125 Federal Regulations for Potential Rollback

King & Spalding on

On September 16, 2025, Federal Trade Commission (FTC) Chairman Andrew Ferguson submitted to the Office of Management and Budget (OMB) a report identifying more than 125 federal regulations deemed anticompetitive by the FTC...more

Mintz - Antitrust Viewpoints

AI Accountability and Governance in Focus: Complaint Filed in DC District Court for AI Transparency in Federal Government, and...

On October 1, the Democracy Forward Foundation, a nonprofit advocating for government transparency, filed a complaint in the US District Court for the District of Columbia against the Office of Personnel Management (OPM),...more

Knobbe Martens

Standing or Guesswork? A Speculative Risk of Patent Cancellation is Insufficient for Standing

Knobbe Martens on

US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE - Before Lourie, Reyna, and Stark. Appeal from the United States District Court for the District of Columbia. Appellants who alleged a speculative risk of patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Proposed New Rules Limiting the Availability of Inter Partes Review, But Are They Legal?

Under President Trump, the U.S. Patent and Trademark Office has sought to encourage the issuance of more patents and limit the ability to challenge them in post-grant proceedings; since John Squires was sworn in as Director,...more

McGlinchey Stafford

Glimmers Of Clarity Appear Amid Open Banking Disarray

McGlinchey Stafford on

The Consumer Financial Protection Bureau’s recently announced intent to revise its personal financial data rights rules has cast a shadow on the future of open banking regulations in the U.S. Despite the overwhelming...more

Polsinelli

Once Upheld, Always Upheld? USPTO Proposal Limits IPR Access

Polsinelli on

The U.S. Patent and Trademark Office (USPTO) has proposed rule changes to 37 C.F.R. § 42.108 that will dramatically narrow access to inter partes review (IPR) proceedings. The new framework would limit IPR availability for...more

McDermott Will & Schulte

Associational standing requires concrete, non-speculative harm

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing a lawsuit against the United States Patent and Trademark Office (USPTO) for lack of associational standing since no member of the...more

Alston & Bird

USDA Proposes Updates to SNAP Rules, Seeks Public Comment

Alston & Bird on

The U.S. Department of Agriculture (USDA) has proposed changes to the Supplemental Nutrition Assistance Program (SNAP) that could significantly affect grocers and food retailers nationwide. Our Food & Beverage Team discusses...more

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