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Examination Procedures

Ballard Spahr LLP

CFPB Examiners To Read ‘Humility Pledge’ When They Begin Exams

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The Trump Administration is ordering all CFPB examiners to read a “Humility Pledge” to officials at supervised entities before conducting exams. In making the announcement, CFPB officials sharply criticized the Biden...more

Jones Day

Federal Reserve Overhauls Its Approach to Supervision

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The Statement refocuses examiner priorities, both for banks and bank holding companies, on material financial risks to the institution. It requires clear, specific supervisory criticisms written in a way that would allow "a...more

Orrick, Herrington & Sutcliffe LLP

OCC updates its Servicemembers Civil Relief Act booklet

On November 13, the OCC released an updated version of its Servicemembers Civil Relief Act booklet, providing updated guidance for examiners regarding consumer protection provisions for servicemembers under the SCRA....more

Dinsmore & Shohl LLP

OCC Follows Through on Regulatory Relief for Community Banks

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On Oct. 6, 2025, the Office of the Comptroller of the Currency (OCC) issued five bulletins, which, taken together, represent significant and valuable regulatory relief for nationally chartered community banks and thrifts....more

Lathrop GPM

USPTO Launches Streamlined Claim Set Pilot Program to Expedite Patent Examination

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The U.S. Patent and Trademark Office (USPTO) has officially announced the Streamlined Claim Set Pilot Program, a new initiative designed to reduce the examination backlog and improve application pendency times by prioritizing...more

Miller Canfield

USPTO Launches Automated Search Pilot Program Using AI for Pre-Examination Prior Art Searches

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On October 20, 2025, the U.S. Patent and Trademark Office (USPTO) will launch a new Artificial Intelligence Search Automated Pilot (ASAP!) Program to test the use of artificial intelligence (AI) tools in conducting...more

Womble Bond Dickinson

USPTO Removes Reliance on Applicant Admitted Prior Art in IPR Proceedings

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On July 31, 2025, the acting Director of the United States Patent and Trademark Office (USPTO) published a memorandum making a significant change in Patent Trial and Appeal Board (PTAB) inter partes review (IPR) practice and...more

McDermott Will & Schulte

PTO Proposes Additional Audits to Put “Specimen Farms” Out to Pasture

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In response to reports that some registrants use fraudulent specimens to prove continued use in commerce, the US Patent & Trademark Office (PTO) proposed an update to its post-registration audit process. Changes in...more

Whiteford

Client Alert: New HHS and CMS Guidance on Informed Consent for Sensitive Examinations and Best Practice for the Informed Consent...

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Centers for Medicare & Medicaid Service (CMS) revised hospital interpretive guidance in the State Operations Manual, Appendix A-Hospitals on April 1, 2024 in response to media stories of nation’s teaching hospitals and...more

Husch Blackwell LLP

FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

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On February 12, 2024, the Federal Financial Institutions Examination Council (FFIEC) issued a statement of principles that relate to valuation discrimination and bias for its member entities to consider in preparation for...more

Adams & Reese

OCC Publishes Revised Examination Procedures Addressing Telephone Consumer Protection Act

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On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA...more

Fish & Richardson

TTAB Rules Consumer Perception Remains the Critical Inquiry for Generic.gTLD Marks

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In June 2020, the U.S. Supreme Court rejected a rule that the combination of a generic term and a generic top-level domain (“gTLD”) is per se generic. See USPTO v. Booking.com B.V., 140 S. Ct. 2298 (2020) (“Booking.com”). In...more

Seward & Kissel LLP

SEC Issues a Risk Alert Providing Details on the Investment Adviser Examination Process

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Who may be interested: Investment Advisers. Quick Take: The staff of the SEC’s Division of Examinations (Staff) recently issued a Risk Alert which describes the process and criteria the Staff use in selecting investment...more

J.S. Held

Challenges of Telemedicine & Digital Health Records: Unique Problems Impacting Casualty Claims & Injury Assessment

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While telemedicine visits and digital health records have brought about significant improvements in healthcare accessibility and efficiency, they also present unique challenges in the context of casualty claims and injury...more

Ballard Spahr LLP

Rationale for Federal District Court issuing an injunction in addition to vacating changes to UDAAP Exam Manual

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Monday, we blogged about the opinion issued on September 8 by the Federal District Court for the Eastern District of Texas in the lawsuit brought last year by several trade associations against the CFPB. In that lawsuit, the...more

Ballard Spahr LLP

Texas Federal District Court invalidates CFPB Exam Manual changes which opined that discrimination is a UDAAP violation

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As we predicted long ago, on Friday, September 8, 2023, the Federal District Court for the Eastern District of Texas vacated the changes made in March 2022 to the CFPB’s Exam Manual. On that date, the CFPB purported to use...more

Butler Snow LLP

Tell the Best Story if You Want to Win: Ideas About Structure and Characters

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“[T]ell a great story if you want to live.” A newly minted screenwriter, on the verge of pitching his spy thriller to studio executives, was diagnosed with a serious medical condition. He shared this advice from his doctor...more

Dorsey & Whitney LLP

SEC Exams of Advisers and Investment Companies

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The Division of Examinations has revamped and updated its exam priorities according to its most recent release, 2023 Exam Priorities. Consistent with its typical approach the Division plans to focus on a blend of topics and...more

Freeman Law

Church Inquiries and Examinations by the IRS | A Look at Section 7611 and Its Exceptions

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IRS Inquiries and Examinations, Generally – Sections 6201 and 7602. Generally, the IRS is authorized and required by 26 U.S.C. § 6201(a) “to make the inquiries, determinations, and assessments of all taxes” imposed by the...more

Orrick, Herrington & Sutcliffe LLP

CFPB updates Mortgage Servicing Examination Procedures

On January 18, the CFPB released an updated version of its Mortgage Servicing Examination Procedures, detailing the types of information examiners should gather when assessing whether servicers are complying with applicable...more

McDermott Will & Schulte

PTO Lowers the Bar for Genericness Refusals

The US Patent & Trademark Office (PTO) recently issued Examination Guide 1-22, Clarification of Examination Evidentiary Standard for Marks Refused as Generic (Guide 1-22), which amends the PTO’s stance on the appropriate...more

Jackson Lewis P.C.

DHS May Make Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

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The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March...more

Goodwin

SEC Proposes Rules to Include Certain Significant Market Participants as “Dealers” or “Government Securities Dealers”

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In This Issue. The U.S. Securities and Exchange Commission (SEC) proposed rules to include certain significant market participants as “dealers” or “government securities dealers” to essentially eliminate the trader exclusion...more

Goodwin

CFPB Launches New Initiative Focused on Rural Communities

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In This Issue. The Consumer Financial Protection Bureau (CFPB) announced a new initiative focused on financial issues faced by rural communities and also updated its examination procedures to cover unfair discrimination; the...more

Goodwin

FinCEN Proposes Rule for SARs Sharing Pilot Program

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In This Issue. The Financial Crimes Enforcement Network (FinCEN) issued a proposed rule about the establishment of a limited-duration pilot program for sharing suspicious activity reports (SARs); FinCEN published the final...more

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