Author Info for Baker Botts L.L.P.

Marc Adesso

SEC Expands Eligibility For Confidential Draft Registration Statement Submissions

On March 3, 2025, the staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (the “SEC”) announced significant enhancements to the ability of issuers to submit draft…more

Capital Formation, Capital Markets, Capital Raising, Compliance, Disclosure Requirements

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Joyce Adetutu

Supply Chains to Face Global Impact From US Tariffs on Steel and Aluminum

On February 10, 2025, the President of the United States of America issued two proclamations under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862) (“Section 232”): (i) “Proclamation 10895”, “Adjusting Imports of…more

Canada, Imports, International Trade, Mexico, National Security

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Matthew Adler

FTC Announces Dramatic Changes to Premerger Notification Rules

On October 10, 2024, the U.S. Federal Trade Commission (“FTC”), with the concurrence of the U.S. Department of Justice (the “Agencies”), announced the most significant changes to the Premerger Notification Rules since the…more

Beneficial Owner, Compliance, Contract Termination, Disclosure Requirements, Federal Trade Commission (FTC)

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Gabriela Alvarez

2024 HIPAA Action Items for Health Plans

In light of the changing legal landscape following Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services (the “Department”) issued a final rule (link, and corresponding fact sheet link)…more

Data Breach, Data Privacy, Data Protection, Dobbs v. Jackson Women’s Health Organization, Electronic Protected Health Information (ePHI)

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Rakan Alyusuf

UAE Competition Law: New Turnover-Based Merger Control Threshold

The United Arab Emirates (“UAE”) recently announced a turnover-based threshold for merger control filings that supplements the Federal Decree-Law No. 36 of 2023 (“UAE 2023 Competition Law”). The 2023 law stated that a subsequent…more

Acquisitions, Anti-Competitive, Antitrust Provisions, Competition, Compliance

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Carina Antweil

Director Independence: Beware of Who Your Friends Are

The Securities and Exchange Commission (the “SEC”) recently settled charges against James R. Craigie, a former CEO, Chairman and board member of Church & Dwight Co. Inc. (the “Company”), for violating proxy disclosure rules by…more

Board of Directors, CEOs, Corporate Governance, Disclosure Requirements, Misleading Statements

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David Applebaum

Overview of President Trump’s April 8th Energy Executive Orders

On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation of…more

Coal Industry, Department of Energy (DOE), Deregulation, Electricity, Energy Policy

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Matthew Avery

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

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Zeinab Bailoun

Early Signals Show Potentially Increased False Claims Act Enforcement by the Trump Administration on Trade and DEI Matters

The Trump administration’s focus on reducing government spending, its policies on trade and tariffs, and its focus on paring back diversity, equity, and inclusion (“DEI”) mandates may result in an increase in private suits,…more

Civil Rights Act, Customs and Border Protection, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Actions

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Matthew Baker

SEC Commissioner Hester Peirce Raises Concerns Over Cyber Disclosure Rules

As public companies work to align with the SEC’s new cybersecurity disclosure requirements, Commissioner Hester Peirce is urging a reassessment of how these rules are applied—particularly during active cyber incidents. In a…more

Corporate Governance, Cybersecurity, Disclosure Requirements, Investors, Publicly-Traded Companies

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James Barkley

Overview of President Trump’s April 8th Energy Executive Orders

On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation of…more

Coal Industry, Department of Energy (DOE), Deregulation, Electricity, Energy Policy

See all updates »

Emil Barth

Overview of President Trump’s April 8th Energy Executive Orders

On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation of…more

Coal Industry, Department of Energy (DOE), Deregulation, Electricity, Energy Policy

See all updates »

Jason Bennett

Final Section 45V Clean Hydrogen Production Tax Credit Regulations Issued

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Energy Projects, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Jack Biggs

No Consent on MFN: The Svea Court of Appeal Annuls the Award in Zaza Okuashvili v. Georgia

In an important decision regarding the scope of Most-Favored-Nation (“MFN”) clauses in investment treaties, the Svea Court of Appeal on 12 November 2024 annulled the Partial Award on Jurisdiction and Admissibility in Zaza…more

Annulment, Appellate Courts, Georgia, ICSID, International Arbitration

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Mark Bisch

UAE Competition Law: New Turnover-Based Merger Control Threshold

The United Arab Emirates (“UAE”) recently announced a turnover-based threshold for merger control filings that supplements the Federal Decree-Law No. 36 of 2023 (“UAE 2023 Competition Law”). The 2023 law stated that a subsequent…more

Acquisitions, Anti-Competitive, Antitrust Provisions, Competition, Compliance

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Michael Bodosky

FTC Revises Merger Filing Fees and Jurisdictional Thresholds for HSR Act and Corporate Interlocks

On January 10, 2025, the Federal Trade Commission announced revised jurisdictional thresholds and a revised filing fee schedule under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). Also on January 10, the…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Filing Requirements, Hart-Scott-Rodino Act

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Eileen Boyce

Financial Crimes Enforcement Network Adopts Interim Final Rule Narrowing Reporting Requirements Under the Corporate Transparency Act

On March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Treasury Department, issued an interim final rule to significantly narrow the reporting requirements under the Corporate Transparency…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Filing Requirements

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Michael Bresson

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

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Justin Bryant

A Landmark Lawsuit in Data Privacy: Texas v. Allstate

In a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act…more

Consent, Consumer Privacy Rights, Data Collection, Data Privacy, Data Security

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Linn Bumpers

EPA Extends TSCA PFAS Reporting Deadline

On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule announcing an 8-month extension to the PFAS reporting deadline under the Toxic Substances Control Act…more

Due Diligence, Environmental Protection Agency (EPA), Federal Register, NDAA, PFAS

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Elisabeth Butler

Fifth Circuit Issues Splintered En Banc Decision on Citizen Suit Standing

On December 11, 2024, the United States Court of Appeals for the Fifth Circuit issued an en banc opinion in Env’t Tex. Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545. The petition for rehearing requested en banc review of…more

Appellate Courts, Carbon Emissions, Citizen Suits, Clean Air Act, En Banc Review

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Joseph Cahill

Federal Lawmakers Reintroduce NO FAKES Act to Combat Unauthorized Digital Replicas

In early April 2025, a bipartisan group of U.S. Senators reintroduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, signaling renewed momentum for federal legislation addressing the rise of…more

Artificial Intelligence, Copyright Infringement, Deep Fake, Digital Assets, Intellectual Property Protection

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David Cardwell

Competition Currents: Summer's Hottest Headlines and Future Forecast

Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before we…more

Algorithms, Anticompetitive Agreements, Apple, Arbitrary and Capricious, Artificial Intelligence

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Beau Carter

Corporate Transparency Act Reporting Obligations Back In Effect With Extension

Reporting obligations related to the Corporate Transparency Act (“the CTA”) are set to return. As we previously reported, on December 3, 2024, a federal judge in Texas (Texas Top Cop Shop, Inc. v. Bessent) issued a nationwide…more

Anti-Money Laundering, Beneficial Owner, Corporate Governance, Corporate Transparency Act, Enforcement

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Jean Choi

Intellectual Property Report January 2025

In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity online…more

Artificial Intelligence, Brand, Claim Construction, Copyright, Copyright Litigation

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Kyle Clark

Yes, Bribes Are Still Illegal, and Other Takeaways from the Pause on Foreign Corrupt Practices Act Enforcement

On February 10, 2025 President Trump issued an executive order titled “Pausing Foreign Corrupt Practice Act Enforcement to Further American Economic and National Security.” The order directs the DOJ to halt Foreign Corrupt…more

Anti-Corruption, Attorney General, Bribery, Compliance, Corporate Governance

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Derek A. Cohen

When is “Misleading” Not “False”? The Supreme Court's Decision in Thompson v. United States and Its Implications for Government Enforcement

On March 21, 2025, a unanimous Supreme Court held in Thompson v. United States that a federal statute prohibiting “false” statements to banks, 18 USC § 1014, does not apply to statements that are merely misleading. Although…more

Criminal Prosecution, Customs, Department of Justice (DOJ), False Statements, Immigration Procedures

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Julie Cress

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas…more

Biden Administration, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

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Dominic Cruciani

Intellectual Property Report February 2025

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,…more

Artificial Intelligence, Copyright, Data Privacy, Data Protection, Intellectual Property Protection

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Edward Cullen

CFTC Issues Enforcement Advisory Adopting New Approach for Consideration of Self-Reporting, Cooperation, and Remediation

On February 25th, the Commodity Futures Trading Commission (CFTC or Commission) adopted a new approach for how the Division of Enforcement (Division) will assess self-reporting, cooperation, and remediation efforts when…more

CFTC, Civil Monetary Penalty, Compliance, Cooperation, Enforcement Actions

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Paul Cuomo

FTC Revises Merger Filing Fees and Jurisdictional Thresholds for HSR Act and Corporate Interlocks

On January 10, 2025, the Federal Trade Commission announced revised jurisdictional thresholds and a revised filing fee schedule under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). Also on January 10, the…more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Filing Requirements, Hart-Scott-Rodino Act

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Mona Dajani

Anticipating the AI Energy Impact: IEA Highlights Growing Demand from Data Centers

The International Energy Agency (IEA) recently released a report forecasting a significant increase in global electricity demand from data centers, driven in large part by the rapid adoption of artificial intelligence…more

Artificial Intelligence, Climate Change, Data Centers, Electricity, Energy Policy

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Danny David

Delaware Supreme Court Confirms “Potential” Control is Not Enough to Find Actual Control

In an opinion late last month, the Delaware Supreme Court brought a close to the long-running shareholder litigation regarding Oracle’s 2016 purchase of NetSuite. The decision provides instruction for how significant minority…more

Acquisitions, Board of Directors, Business Entities, Corporate Governance, Corporate Transparency Act

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Joshua Davidson

SEC Expands Eligibility For Confidential Draft Registration Statement Submissions

On March 3, 2025, the staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (the “SEC”) announced significant enhancements to the ability of issuers to submit draft…more

Capital Formation, Capital Markets, Capital Raising, Compliance, Disclosure Requirements

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Barbara De Marigny

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

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Khoa D. Do

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Sarah Dodson

AI Legal Watch: April 14, 2025

In an unprecedented test of courtroom technology boundaries, the New York State Supreme Court Appellate Division recently halted proceedings when it discovered pro se litigant Jerome Dewald had submitted an AI-generated digital…more

Artificial Intelligence, Employment Litigation, EU, Governor Vetoes, Legal Technology

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Sofia Doudountsaki

Competition Currents: Summer's Hottest Headlines and Future Forecast

Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before we…more

Algorithms, Anticompetitive Agreements, Apple, Arbitrary and Capricious, Artificial Intelligence

See all updates »

Sarah Douglas

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas…more

Biden Administration, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

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Lauren Dreyer

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Tala Esmaili

SEC Expands Eligibility For Confidential Draft Registration Statement Submissions

On March 3, 2025, the staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (the “SEC”) announced significant enhancements to the ability of issuers to submit draft…more

Capital Formation, Capital Markets, Capital Raising, Compliance, Disclosure Requirements

See all updates »

Eric Faragi

Intellectual Property Report February 2025

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,…more

Artificial Intelligence, Copyright, Data Privacy, Data Protection, Intellectual Property Protection

See all updates »

Jon Feldhammer

Taxpayer Assistance and Service Act – Tax Controversy Perspective

On January 30, 2025, a bipartisan group of US Senators released a discussion draft of the Taxpayer Assistance and Service Act (“TAS Act”), a legislative proposal that, if passed, could significantly alter tax controversy…more

Appeals, Compliance, FinCEN, Internal Revenue Code (IRC), IRS

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Dr. Ernesto Féliz De Jesús

Supply Chains to Face Global Impact From US Tariffs on Steel and Aluminum

On February 10, 2025, the President of the United States of America issued two proclamations under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862) (“Section 232”): (i) “Proclamation 10895”, “Adjusting Imports of…more

Canada, Imports, International Trade, Mexico, National Security

See all updates »

Virginia Fergusson

EDVA Amends L. Civ. R. 7(k) Roseboro Warning Requirement for Pro Se Litigants

On October 31, 2024, the U.S. District Court for the Eastern District of Virginia (EDVA) proposed an amendment to Local Civil Rule 7, which governs general motion practice before the Court. On December 1, 2024, the amendment…more

Dismissals, Dispositive Motions, Failure To Respond, Pro Se Litigants, Proposed Amendments

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George Fibbe

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

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Liz Flannery

A cold plunge into energy transition patent pools

It's not swimming pool weather yet, but here's another one – companies looking to license and monetize patent portfolios relating to energy transition technologies are starting to pop up more often, and their scope of targets is…more

Clean Energy, Intellectual Property Protection, IP License, Patent Infringement, Patent Portfolios

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Mary Franco

FERC Revises ROE Methodology for Transmission Owners

On October 17, 2024, the Federal Energy Regulatory Commission (Commission) issued an order revising the methodology for establishing the return on equity (ROE) for transmission owners (TOs) operating within the footprint of the…more

Capital Assets, Discounted Cash Flow Valuations, Energy Sector, Federal Power Act, FERC

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Nick Frey

Inflation Reduction Act Guidance: IRS and Treasury Release Final Regulations on the New Tech-Neutral Clean Energy Tax Credits

On January 15, 2025, the Internal Revenue Service (the “IRS”) and the Department of the Treasury (“Treasury”) published final regulations regarding the new “clean electricity production credit” under Internal Revenue Code…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Greenhouse Gas Emissions

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Ellen Friedman

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

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Benjamin Gonsoulin

Diligence Over Delay: Texas Supreme Court’s Recent Decision Highlights the Risks of Discovery Deferral

Raoger Corp. v. Myers, No. 23-0662 (Tex. Apr. 11, 2025) – one of the Texas Supreme Court’s most recent opinions on the summary judgment standard – highlights the importance of diligent discovery practices and the potentially…more

Appellate Courts, Business Litigation, Discovery, Due Diligence, Evidence

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Jonathan Gordon

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Nikolai Gryzunov

President Biden Issues Executive Order on Advancing United States Leadership in Artificial Intelligence Infrastructure

On January 14, 2025, President Biden issued an Executive Order (EO) on Advancing United States Leadership in Artificial Intelligence Infrastructure. The EO, among other things, directs the Secretary of Defense and the Secretary…more

Artificial Intelligence, Biden Administration, Clean Energy, Data Centers, Department of Defense (DOD)

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Richard Guit

Spotlight on Indonesia’s Energy Transition – COP29 to Net Zero 2060

As delegates from the Indonesian government were in Azerbaijan making headline grabbing announcements at COP29, Baker Botts was pleased to host an evening seminar in Jakarta on 13 November 2024 with a panel of experts sharing…more

Carbon Capture and Sequestration, Coal, COP, Energy Storage, Forestry

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Blake Haarstad

Financial Crimes Enforcement Network Adopts Interim Final Rule Narrowing Reporting Requirements Under the Corporate Transparency Act

On March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Treasury Department, issued an interim final rule to significantly narrow the reporting requirements under the Corporate Transparency…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Filing Requirements

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Samantha Hale Crispin

Texas on the Rise

Texas has long been recognized as an economic and legal powerhouse. At a recent series of panels hosted by Baker Botts along with NACD, industry experts examined three key areas where Texas is making waves: the anticipated…more

Board of Directors, Business Court, Capital Formation, Capital Markets, Corporate Governance

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Parker Hancock

Intellectual Property Report March 2025

This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Many…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Patent Applications, Patent Invalidity

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Shadi Haroon

UAE Competition Law: New Turnover-Based Merger Control Threshold

The United Arab Emirates (“UAE”) recently announced a turnover-based threshold for merger control filings that supplements the Federal Decree-Law No. 36 of 2023 (“UAE 2023 Competition Law”). The 2023 law stated that a subsequent…more

Acquisitions, Anti-Competitive, Antitrust Provisions, Competition, Compliance

See all updates »

Richard Harper

AI Legal Watch: April 14, 2025

In an unprecedented test of courtroom technology boundaries, the New York State Supreme Court Appellate Division recently halted proceedings when it discovered pro se litigant Jerome Dewald had submitted an AI-generated digital…more

Artificial Intelligence, Employment Litigation, EU, Governor Vetoes, Legal Technology

See all updates »

Michael Harrison

P2N0 - Edition 29 - News and Views on the Drive Towards Net-Zero GHG Emissions

Welcome to Edition 29 of P2N0 covering the drive to avoid, reduce and remove greenhouse gas (GHG) emissions to reach net-zero emissions (NZE). P2N0 covers significant news items globally, reporting on them in short form,…more

Carbon Emissions, Climate Change, Energy Policy, Energy Projects, Energy Sector

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Haitham Hawashin

UAE Competition Law: New Turnover-Based Merger Control Threshold

The United Arab Emirates (“UAE”) recently announced a turnover-based threshold for merger control filings that supplements the Federal Decree-Law No. 36 of 2023 (“UAE 2023 Competition Law”). The 2023 law stated that a subsequent…more

Acquisitions, Anti-Competitive, Antitrust Provisions, Competition, Compliance

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Michael Hawes

First Quarter 2025 Federal Circuit Law Snapshot

Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant…more

Appeals, CAFC, Claim Construction, Intellectual Property Litigation, Intellectual Property Protection

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Alexander Hendry

Intellectual Property Report

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable…more

Artificial Intelligence, Demurrers, Due Diligence, EU, Federal Bans

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Matthew Hilderbrand

EDVA Amends L. Civ. R. 7(k) Roseboro Warning Requirement for Pro Se Litigants

On October 31, 2024, the U.S. District Court for the Eastern District of Virginia (EDVA) proposed an amendment to Local Civil Rule 7, which governs general motion practice before the Court. On December 1, 2024, the amendment…more

Dismissals, Dispositive Motions, Failure To Respond, Pro Se Litigants, Proposed Amendments

See all updates »

Elias Hinckley

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

See all updates »

Ross Holley

Taxpayer Assistance and Service Act – Tax Controversy Perspective

On January 30, 2025, a bipartisan group of US Senators released a discussion draft of the Taxpayer Assistance and Service Act (“TAS Act”), a legislative proposal that, if passed, could significantly alter tax controversy…more

Appeals, Compliance, FinCEN, Internal Revenue Code (IRC), IRS

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Hugh M. Hollman

UAE Competition Law: New Turnover-Based Merger Control Threshold

The United Arab Emirates (“UAE”) recently announced a turnover-based threshold for merger control filings that supplements the Federal Decree-Law No. 36 of 2023 (“UAE 2023 Competition Law”). The 2023 law stated that a subsequent…more

Acquisitions, Anti-Competitive, Antitrust Provisions, Competition, Compliance

See all updates »

Thomas Holmberg

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

See all updates »

Eileen Hyde

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Thomas Jackson

Longstanding NEPA Rules in Doubt After Major D.C. Circuit Ruling

On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit issued a decision that goes to the heart of how the National Environmental Policy Act is implemented. In Marin Audubon Society v. Federal Aviation…more

CEQ, En Banc Review, Environmental Policies, Federal Aviation Administration (FAA), Government Agencies

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Matthew J. Jacobs

How to Prepare for an “ICE Storm” at the Workplace: A Guide for Employers

Recently, we have seen a heightened focus on immigration enforcement. Guidance and internal orders within the Department of Justice (DOJ) signal that it may increasingly utilize the immigration laws to prosecute (criminally and…more

Compliance, Department of Homeland Security (DHS), Department of Justice (DOJ), Employer Liability Issues, Foreign Workers

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Fran Jennings

DOJ Obtains $3.5 Million Civil Penalty and Appoints Antitrust Compliance Officer to Resolve Gun-Jumping Concerns

On August 5, the Department of Justice (DOJ) secured a landmark decision from the U.S. District Court for the District of Columbia in a high-profile monopolization litigation…more

Acquisition Agreements, Antitrust Provisions, Antitrust Violations, Department of Justice (DOJ), Enforcement Actions

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Debra Jezouit

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas…more

Biden Administration, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

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Dina Jubrail

New CMA consumer protection regime in force next week

A new UK consumer protection regime comes into force on 6 April 2025 through the implementation of the Digital Markets, Competition and Consumers Act 2024 (Commencement No. 2) Regulations 2025 (SI 2025/272) (“the Regulations”)…more

Consumer Protection Laws, Enforcement Actions, Fake Reviews, New Legislation, New Regulations

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Madison Kaufmann

Intellectual Property Report February 2025

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,…more

Artificial Intelligence, Copyright, Data Privacy, Data Protection, Intellectual Property Protection

See all updates »

Alex Kerr

Questions & Unsatisfactory Answers: The European Commission publishes guidance on the importer requirements of the EU Methane Regulation

Today, the European Commission published the document “Questions and answers on importer requirements of EU Methane Regulation (EU) 2024/1787” (the “Methane Q&A”). In short, the Methane Q&A is an attempt, but an insufficient…more

Carbon Emissions, EU, European Commission, European Parliament, Greenhouse Gas Emissions

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Virginia King

CFTC, SEC, and SDNY Break New Ground and File Charges Against Carbon Credit Project Developer and Former Executives for Fraudulent Voluntary Carbon Credits

On October 2, 2024, the Commodities Futures Trading Commission (“CFTC”), the Securities and Exchange Commission (“SEC”), and the United States Attorney’s Office for the Southern District of New York announced parallel…more

Carbon Emissions, CEOs, CFTC, Civil Monetary Penalty, Commodity Exchange Act (CEA)

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Henry Klimowicz

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

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Dr Johannes Koepp

Don't Get Caught Out: When English Limitation Periods Can Trump Your Contract's Governing Law

The High Court’s recent decision in Djanogly v. Djanogly [2025] EWHC 61 (Ch) is a rare example of a successful challenge to an arbitration award under s.68 of the Arbitration Act 1996. It also highlights a feature of…more

Appeals, Arbitration, Arbitration Awards, Choice-of-Law, Contract Disputes

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Erik Koons

Competition Currents: Summer's Hottest Headlines and Future Forecast

Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before we…more

Algorithms, Anticompetitive Agreements, Apple, Arbitrary and Capricious, Artificial Intelligence

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Evan Koster

CFTC Issues Enforcement Advisory Adopting New Approach for Consideration of Self-Reporting, Cooperation, and Remediation

On February 25th, the Commodity Futures Trading Commission (CFTC or Commission) adopted a new approach for how the Division of Enforcement (Division) will assess self-reporting, cooperation, and remediation efforts when…more

CFTC, Civil Monetary Penalty, Compliance, Cooperation, Enforcement Actions

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Michael Kovacich

Proposed Regulations Regarding Section 48E Clean Electricity Low-Income Communities Bonus Credit Program

On September 3, 2024, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) published proposed regulations relating to the Clean Electricity Low-Income Communities Bonus Credit Program (the…more

Clean Energy, Department of Agriculture, Energy Tax Incentives, Greenhouse Gas Emissions, Inflation Reduction Act (IRA)

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Matthew Kuryla

Fifth Circuit Issues Splintered En Banc Decision on Citizen Suit Standing

On December 11, 2024, the United States Court of Appeals for the Fifth Circuit issued an en banc opinion in Env’t Tex. Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545. The petition for rehearing requested en banc review of…more

Appellate Courts, Carbon Emissions, Citizen Suits, Clean Air Act, En Banc Review

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Rachael Lamkin

Intellectual Property Report November 2024

It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application. Any practitioner seeking to invalidate a patent knows that the ideal references…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Defense Production Act, Executive Orders, Information Technology

See all updates »

John Lawrence

Texas on the Rise

Texas has long been recognized as an economic and legal powerhouse. At a recent series of panels hosted by Baker Botts along with NACD, industry experts examined three key areas where Texas is making waves: the anticipated…more

Board of Directors, Business Court, Capital Formation, Capital Markets, Corporate Governance

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Sean Lee

Intellectual Property Report - October 2024

In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies. Government…more

Alice/Mayo, America Invents Act, Artificial Intelligence, Energy Projects, Energy Sector

See all updates »

Connica Lemond

How to Prepare for an “ICE Storm” at the Workplace: A Guide for Employers

Recently, we have seen a heightened focus on immigration enforcement. Guidance and internal orders within the Department of Justice (DOJ) signal that it may increasingly utilize the immigration laws to prosecute (criminally and…more

Compliance, Department of Homeland Security (DHS), Department of Justice (DOJ), Employer Liability Issues, Foreign Workers

See all updates »

Matthew Levitt

New CMA consumer protection regime in force next week

A new UK consumer protection regime comes into force on 6 April 2025 through the implementation of the Digital Markets, Competition and Consumers Act 2024 (Commencement No. 2) Regulations 2025 (SI 2025/272) (“the Regulations”)…more

Consumer Protection Laws, Enforcement Actions, Fake Reviews, New Legislation, New Regulations

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David Lien

Intellectual Property Report

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable…more

Artificial Intelligence, Demurrers, Due Diligence, EU, Federal Bans

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Jason Loden

2024 HIPAA Action Items for Health Plans

In light of the changing legal landscape following Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services (the “Department”) issued a final rule (link, and corresponding fact sheet link)…more

Data Breach, Data Privacy, Data Protection, Dobbs v. Jackson Women’s Health Organization, Electronic Protected Health Information (ePHI)

See all updates »

Michael Loesch

CFTC Issues Enforcement Advisory Adopting New Approach for Consideration of Self-Reporting, Cooperation, and Remediation

On February 25th, the Commodity Futures Trading Commission (CFTC or Commission) adopted a new approach for how the Division of Enforcement (Division) will assess self-reporting, cooperation, and remediation efforts when…more

CFTC, Civil Monetary Penalty, Compliance, Cooperation, Enforcement Actions

See all updates »

Ben Love

Supply Chains to Face Global Impact From US Tariffs on Steel and Aluminum

On February 10, 2025, the President of the United States of America issued two proclamations under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862) (“Section 232”): (i) “Proclamation 10895”, “Adjusting Imports of…more

Canada, Imports, International Trade, Mexico, National Security

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Paul Lugard

UAE Competition Law: New Turnover-Based Merger Control Threshold

The United Arab Emirates (“UAE”) recently announced a turnover-based threshold for merger control filings that supplements the Federal Decree-Law No. 36 of 2023 (“UAE 2023 Competition Law”). The 2023 law stated that a subsequent…more

Acquisitions, Anti-Competitive, Antitrust Provisions, Competition, Compliance

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Paul Luther

President Trump Unveils Long-Awaited “Reciprocal” Tariff Regime

On April 2, 2025, as part of a “Liberation Day” ceremony in the White House Rose Garden, U.S. President Donald Trump signed an executive order imposing wide-ranging tariffs on imports from virtually every country in the world…more

Canada, China, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)

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Jamie Lynn

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

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Claire Mahoney

Department of Labor Releases "Best Practices" Guide for Employers Using Artificial Intelligence

The U.S. Department of Labor (DOL) recently released new non-binding guidelines for employers and developers using artificial intelligence (AI). These guidelines build on the DOL’s May 2024 release of eight AI “principles” for…more

Artificial Intelligence, Department of Labor (DOL), Employee Rights, Ethical Standards, Governance Standards

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Robert Maier

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

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Steve Mann

AI Legal Watch: April 14, 2025

In an unprecedented test of courtroom technology boundaries, the New York State Supreme Court Appellate Division recently halted proceedings when it discovered pro se litigant Jerome Dewald had submitted an AI-generated digital…more

Artificial Intelligence, Employment Litigation, EU, Governor Vetoes, Legal Technology

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Sterling Marchand

EDVA Amends L. Civ. R. 7(k) Roseboro Warning Requirement for Pro Se Litigants

On October 31, 2024, the U.S. District Court for the Eastern District of Virginia (EDVA) proposed an amendment to Local Civil Rule 7, which governs general motion practice before the Court. On December 1, 2024, the amendment…more

Dismissals, Dispositive Motions, Failure To Respond, Pro Se Litigants, Proposed Amendments

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Stephen Marcus

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

See all updates »

Tommy Martin

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Andrew Maughan

Final Regulations Issued Regarding Section 48 Investment Tax Credit

On December 12, 2024, the Internal Revenue Service (the “IRS”) and the Department of the Treasury (“Treasury”) published final regulations (the “final regulations”) regarding the energy credit under Section 48 of the Internal…more

Biofuel, Energy Projects, Geothermal Energy, Hydrogen Power, Inflation Reduction Act (IRA)

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Steve Maule

Intellectual Property Report February 2025

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,…more

Artificial Intelligence, Copyright, Data Privacy, Data Protection, Intellectual Property Protection

See all updates »

Derek McDonald

Longstanding NEPA Rules in Doubt After Major D.C. Circuit Ruling

On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit issued a decision that goes to the heart of how the National Environmental Policy Act is implemented. In Marin Audubon Society v. Federal Aviation…more

CEQ, En Banc Review, Environmental Policies, Federal Aviation Administration (FAA), Government Agencies

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Katie McEvilly

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

See all updates »

Jared Meier

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

See all updates »

Michelle Molner

U.S. House Republicans Reignite Efforts to Pass Federal Privacy Law

In a renewed effort to establish a U.S. national data privacy standard, House Republicans have announced a new working group dedicated to drafting comprehensive federal privacy legislation. The initiative, spearheaded by Reps…more

Compliance, Consumer Privacy Rights, Data Privacy, Data Protection, Enforcement Actions

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Bridget Moore

How to Prepare for an “ICE Storm” at the Workplace: A Guide for Employers

Recently, we have seen a heightened focus on immigration enforcement. Guidance and internal orders within the Department of Justice (DOJ) signal that it may increasingly utilize the immigration laws to prosecute (criminally and…more

Compliance, Department of Homeland Security (DHS), Department of Justice (DOJ), Employer Liability Issues, Foreign Workers

See all updates »

Arya Moshiri

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Laura Natchev

Intellectual Property Report March 2025

This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Many…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Patent Applications, Patent Invalidity

See all updates »

Renn Neilson

Final Section 45V Clean Hydrogen Production Tax Credit Regulations: A Closer Look

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Biden Administration, Clean Energy, Department of Energy (DOE), Final Rules, Greenhouse Gas Emissions

See all updates »

Scott Nelson

How to Prepare for an “ICE Storm” at the Workplace: A Guide for Employers

Recently, we have seen a heightened focus on immigration enforcement. Guidance and internal orders within the Department of Justice (DOJ) signal that it may increasingly utilize the immigration laws to prosecute (criminally and…more

Compliance, Department of Homeland Security (DHS), Department of Justice (DOJ), Employer Liability Issues, Foreign Workers

See all updates »

Geoffrey Newton

Texas on the Rise

Texas has long been recognized as an economic and legal powerhouse. At a recent series of panels hosted by Baker Botts along with NACD, industry experts examined three key areas where Texas is making waves: the anticipated…more

Board of Directors, Business Court, Capital Formation, Capital Markets, Corporate Governance

See all updates »

Ryan Norfolk

Overview of President Trump’s April 8th Energy Executive Orders

On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation of…more

Coal Industry, Department of Energy (DOE), Deregulation, Electricity, Energy Policy

See all updates »

Tom O'Brien

In Split Decision, SEC Approves New Audit Quality Control Standard QC 1000

On September 9, 2024, three of the SEC’s five Commissioners voted to approve the new PCAOB Quality Control Standard QC 1000 A Firm’s System of Quality Control. The new standard will substantially revise and refine public…more

Audit Reports, Auditors, Audits, Internal Controls, PCAOB

See all updates »

Ricardo Daniel L. Pagulayan

CFTC, SEC, and SDNY Break New Ground and File Charges Against Carbon Credit Project Developer and Former Executives for Fraudulent Voluntary Carbon Credits

On October 2, 2024, the Commodities Futures Trading Commission (“CFTC”), the Securities and Exchange Commission (“SEC”), and the United States Attorney’s Office for the Southern District of New York announced parallel…more

Carbon Emissions, CEOs, CFTC, Civil Monetary Penalty, Commodity Exchange Act (CEA)

See all updates »

Christopher Palermo

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Nick Palmieri

Federal Circuit Refines Section 101 Eligibility as Applied to Machine Learning Patents

On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., affirming dismissal, by the District Court of Delaware,…more

Algorithms, Alice/Mayo, Appeals, Corporate Counsel, Machine Learning

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Thaysa Panza de Paula

The Arbitration Act 2025: A Welcome Fine-Tuning of England’s Arbitration Law

The Arbitration Act 2025, which received Royal Assent on 24 February 2025, has introduced a number of significant amendments to the Arbitration Act 1996 (which applies in England & Wales and Northern Ireland, but not in…more

Arbitration, Arbitration Agreements, Arbitrators, Commercial Litigation, Dispute Resolution

See all updates »

Joseph Perry

New York State Department of Financial Services Issues Guidance Concerning Cybersecurity Risks Posed by Artificial Intelligence

Last month, the New York State Department of Financial Services (“DFS”), which has broad regulatory powers over financial services-related entities and insurance companies operating in New York State, published guidance…more

Artificial Intelligence, Covered Entities, Cybersecurity, Data Management, Financial Institutions

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Amy Pharr Hefley

Delaware Supreme Court Confirms “Potential” Control is Not Enough to Find Actual Control

In an opinion late last month, the Delaware Supreme Court brought a close to the long-running shareholder litigation regarding Oracle’s 2016 purchase of NetSuite. The decision provides instruction for how significant minority…more

Acquisitions, Board of Directors, Business Entities, Corporate Governance, Corporate Transparency Act

See all updates »

Kassia Pletscher

New CMA consumer protection regime in force next week

A new UK consumer protection regime comes into force on 6 April 2025 through the implementation of the Digital Markets, Competition and Consumers Act 2024 (Commencement No. 2) Regulations 2025 (SI 2025/272) (“the Regulations”)…more

Consumer Protection Laws, Enforcement Actions, Fake Reviews, New Legislation, New Regulations

See all updates »

Brianna Potter

Intellectual Property Report November 2024

It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application. Any practitioner seeking to invalidate a patent knows that the ideal references…more

Artificial Intelligence, Bureau of Industry and Security (BIS), Defense Production Act, Executive Orders, Information Technology

See all updates »

Brendan Quigley

When is “Misleading” Not “False”? The Supreme Court's Decision in Thompson v. United States and Its Implications for Government Enforcement

On March 21, 2025, a unanimous Supreme Court held in Thompson v. United States that a federal statute prohibiting “false” statements to banks, 18 USC § 1014, does not apply to statements that are merely misleading. Although…more

Criminal Prosecution, Customs, Department of Justice (DOJ), False Statements, Immigration Procedures

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Paul Ragusa

Intellectual Property Report March 2025

This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Many…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Patent Applications, Patent Invalidity

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Richard Ramirez

The Corporate Transparency Act: January 1, 2025 Deadline Approaching Fast

The Corporate Transparency Act (the “CTA”) took effect in the United States on January 1, 2024, resulting in significant new beneficial ownership reporting requirements. These requirements have a sweeping effect, as many…more

Anti-Money Laundering, Beneficial Owner, BSA/AML, Corporate Transparency Act, Financial Crimes

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Clint Rancher

Form SD Deadline Approaching for Resource Extraction Issuers: Reminder and FAQs

As previously discussed in our Client Alert issued on December 18, 2020 (available here), the U.S. Securities and Exchange Commission (the “Commission”) adopted its final rule (the “Final Rule,” available here) requiring…more

Bonuses, Disclosure Requirements, Dividends, Exemptions, Federal Taxes

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Rachel Rasp

FTC Announces Dramatic Changes to Premerger Notification Rules

On October 10, 2024, the U.S. Federal Trade Commission (“FTC”), with the concurrence of the U.S. Department of Justice (the “Agencies”), announced the most significant changes to the Premerger Notification Rules since the…more

Beneficial Owner, Compliance, Contract Termination, Disclosure Requirements, Federal Trade Commission (FTC)

See all updates »

Cailyn Reilly Knapp

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Alexander Reinert

Senators Introduce Bipartisan Legislation to Claw Back Congressional Authority over Tariffs

In response to President Trump's imposition of wide-ranging reciprocal tariffs last week, on Thursday, April 3, Senators Chuck Grassley (R-IA) and Maria Cantwell (D-WA) introduced legislation in the Senate seeking to reassert…more

Congressional Authority, Executive Orders, International Trade, New Legislation, Proposed Legislation

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Cullen Richardson

House of Representatives Passes BIOSECURE Act

On September 9, 2024, the House of Representatives passed H.R. 8333, the BIOSECURE Act (the “House Bill”). The text of the passed House bill was unamended from the version approved by the House Committee on Oversight and…more

Biotechnology, China, Cuba, Department of Homeland Security (DHS), Federal Contractors

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Connor Roddy

Patent Apportionment: Anything You Say in a License Agreement May Be Used Against You in a Court of Law

Over the last several years, the Federal Circuit has increasingly scrutinized patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty, including whether the license needs to be…more

Appeals, Apportionment, Damages, Expert Testimony, Intellectual Property Litigation

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Jay Ryan

Overview of President Trump’s April 8th Energy Executive Orders

On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation of…more

Coal Industry, Department of Energy (DOE), Deregulation, Electricity, Energy Policy

See all updates »

Christine Ryu-Naya

Competition Currents: Summer's Hottest Headlines and Future Forecast

Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before we…more

Algorithms, Anticompetitive Agreements, Apple, Arbitrary and Capricious, Artificial Intelligence

See all updates »

Shailesh Sahay

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas…more

Biden Administration, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

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Duncan Saunders

Don't Get Caught Out: When English Limitation Periods Can Trump Your Contract's Governing Law

The High Court’s recent decision in Djanogly v. Djanogly [2025] EWHC 61 (Ch) is a rare example of a successful challenge to an arbitration award under s.68 of the Arbitration Act 1996. It also highlights a feature of…more

Appeals, Arbitration, Arbitration Awards, Choice-of-Law, Contract Disputes

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David Schiller

2024 HIPAA Action Items for Health Plans

In light of the changing legal landscape following Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services (the “Department”) issued a final rule (link, and corresponding fact sheet link)…more

Data Breach, Data Privacy, Data Protection, Dobbs v. Jackson Women’s Health Organization, Electronic Protected Health Information (ePHI)

See all updates »

Rebecca Seidl

Immediate Measures to Increase American Mineral Production

On March 20, 2025, President Trump issued an Executive Order Immediate Measures to Increase American Mineral Production – The White House (EO or Order) in the interest of national and economic security. Significantly, the EO…more

Defense Production Act, Executive Orders, Government Agencies, Investment, Minerals

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J. Barton Seitz

EPA Extends TSCA PFAS Reporting Deadline

On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule announcing an 8-month extension to the PFAS reporting deadline under the Toxic Substances Control Act…more

Due Diligence, Environmental Protection Agency (EPA), Federal Register, NDAA, PFAS

See all updates »

Juliana Sersen

Overview of President Trump’s April 8th Energy Executive Orders

On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation of…more

Coal Industry, Department of Energy (DOE), Deregulation, Electricity, Energy Policy

See all updates »

Kevin Sharara

Right to Erasure in the Spotlight as EU Data Protection Board Launches 2025 Coordinated Action

The European Data Protection Board (EDPB), the independent EU body responsible for ensuring the consistent application of the EU General Data Protection Regulation (GDPR) across all EU member states, has kicked off its…more

Corporate Counsel, Data Controller, Data Privacy, Data Protection, Enforcement Actions

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Laura Shoemaker McGonagill

Diligence Over Delay: Texas Supreme Court’s Recent Decision Highlights the Risks of Discovery Deferral

Raoger Corp. v. Myers, No. 23-0662 (Tex. Apr. 11, 2025) – one of the Texas Supreme Court’s most recent opinions on the summary judgment standard – highlights the importance of diligent discovery practices and the potentially…more

Appellate Courts, Business Litigation, Discovery, Due Diligence, Evidence

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Michael Silliman

Intellectual Property Report February 2025

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,…more

Artificial Intelligence, Copyright, Data Privacy, Data Protection, Intellectual Property Protection

See all updates »

Costa Smith

UK data centres designated as ‘critical national infrastructure’: Supporting the conditions for investor confidence

In what has been seen as an acknowledgement of the fundamental importance of data centres to the functioning of the UK economy and society, the UK Government has acted to designate data centres as ‘critical national…more

Cloud Computing, Critical Infrastructure Sectors, Cybersecurity, Data Centers, Data Protection

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Heather Souder Choi

19 State AGs Join Anti-DEI Enforcement Efforts Following Trump Executive Orders; Employers Should Prepare

Following President Trump’s executive orders on diversity, equity, and inclusion (“DEI”) programs, recent statements from State Attorneys General (“State AGs”) highlight that employers should prepare for increased scrutiny not…more

Civil Rights Act, Compliance, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Litigation

See all updates »

Mark Speegle

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Louise Stephens

FERC Approves First Enforcement Settlement Involving Power Plant Operations by Bitcoin Mining Company.

Bitcoin mining company pays $1.42 million for violating PJM’s tariff in relation to its power plant operations. On January 30, 2025, the Federal Energy Regulatory Commission (“FERC”) approved a settlement agreement (“Agreement”)…more

Bitcoin, Bitcoin Mining, Capacity Market, Cryptocurrency, Electricity

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Zachary Stone

Delaware Supreme Court Confirms “Potential” Control is Not Enough to Find Actual Control

In an opinion late last month, the Delaware Supreme Court brought a close to the long-running shareholder litigation regarding Oracle’s 2016 purchase of NetSuite. The decision provides instruction for how significant minority…more

Acquisitions, Board of Directors, Business Entities, Corporate Governance, Corporate Transparency Act

See all updates »

Charles Strecker

In Split Decision, SEC Approves New Audit Quality Control Standard QC 1000

On September 9, 2024, three of the SEC’s five Commissioners voted to approve the new PCAOB Quality Control Standard QC 1000 A Firm’s System of Quality Control. The new standard will substantially revise and refine public…more

Audit Reports, Auditors, Audits, Internal Controls, PCAOB

See all updates »

Aaron Streett

Fifth Circuit Issues Splintered En Banc Decision on Citizen Suit Standing

On December 11, 2024, the United States Court of Appeals for the Fifth Circuit issued an en banc opinion in Env’t Tex. Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545. The petition for rehearing requested en banc review of…more

Appellate Courts, Carbon Emissions, Citizen Suits, Clean Air Act, En Banc Review

See all updates »

Coleman T. Strine

European Union Moves to Bolster its AI Infrastructure

Recently, the European Commission announced plans to advance Europe's position in the global AI race. Primarily, the Commission seeks to develop a 20 billion euro fund to build a network of AI gigafactories in Europe. This…more

AI Act, Artificial Intelligence, EU, European Commission, General Data Protection Regulation (GDPR)

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Val Svystun

Intellectual Property Report - October 2024

In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies. Government…more

Alice/Mayo, America Invents Act, Artificial Intelligence, Energy Projects, Energy Sector

See all updates »

Anthony Swisher

FTC Announces Dramatic Changes to Premerger Notification Rules

On October 10, 2024, the U.S. Federal Trade Commission (“FTC”), with the concurrence of the U.S. Department of Justice (the “Agencies”), announced the most significant changes to the Premerger Notification Rules since the…more

Beneficial Owner, Compliance, Contract Termination, Disclosure Requirements, Federal Trade Commission (FTC)

See all updates »

John Taladay

FTC Announces Dramatic Changes to Premerger Notification Rules

On October 10, 2024, the U.S. Federal Trade Commission (“FTC”), with the concurrence of the U.S. Department of Justice (the “Agencies”), announced the most significant changes to the Premerger Notification Rules since the…more

Beneficial Owner, Compliance, Contract Termination, Disclosure Requirements, Federal Trade Commission (FTC)

See all updates »

Matthew Thompson

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Martha Thomsen

EPA Extends TSCA PFAS Reporting Deadline

On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule announcing an 8-month extension to the PFAS reporting deadline under the Toxic Substances Control Act…more

Due Diligence, Environmental Protection Agency (EPA), Federal Register, NDAA, PFAS

See all updates »

Stutti Tilwa

Intellectual Property Report - August 2024

Be an Expert: Precedential PTAB Decision on Conclusory Expert TestimonyStutti TilwaA recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on…more

Algorithms, Artificial Intelligence, Comment Period, Design Patent, Expert Testimony

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Neil Torpey

High Court To Review Legality Of FCC's Subsidy Fees

For decades, there has been broad, bipartisan support for the Universal Service Fund and the FCC programs that help communications reach low-income households and the most rural and least-connected communities in the United…more

FCC, Fees, Healthcare Facilities, Low-Income Issues, Public Schools

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David Turner

The Arbitration Act 2025: A Welcome Fine-Tuning of England’s Arbitration Law

The Arbitration Act 2025, which received Royal Assent on 24 February 2025, has introduced a number of significant amendments to the Arbitration Act 1996 (which applies in England & Wales and Northern Ireland, but not in…more

Arbitration, Arbitration Agreements, Arbitrators, Commercial Litigation, Dispute Resolution

See all updates »

Cynthia Uduebor Washington

19 State AGs Join Anti-DEI Enforcement Efforts Following Trump Executive Orders; Employers Should Prepare

Following President Trump’s executive orders on diversity, equity, and inclusion (“DEI”) programs, recent statements from State Attorneys General (“State AGs”) highlight that employers should prepare for increased scrutiny not…more

Civil Rights Act, Compliance, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Litigation

See all updates »

Adorys Velazquez

Director Independence: Beware of Who Your Friends Are

The Securities and Exchange Commission (the “SEC”) recently settled charges against James R. Craigie, a former CEO, Chairman and board member of Church & Dwight Co. Inc. (the “Company”), for violating proxy disclosure rules by…more

Board of Directors, CEOs, Corporate Governance, Disclosure Requirements, Misleading Statements

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Gavin Villareal

In Split Decision, SEC Approves New Audit Quality Control Standard QC 1000

On September 9, 2024, three of the SEC’s five Commissioners voted to approve the new PCAOB Quality Control Standard QC 1000 A Firm’s System of Quality Control. The new standard will substantially revise and refine public…more

Audit Reports, Auditors, Audits, Internal Controls, PCAOB

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Elaine Walsh

Final Section 45V Clean Hydrogen Production Tax Credit Regulations Issued

On January 3, 2025, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) released long-awaited final regulations regarding the clean hydrogen production tax credit under section 45V of the…more

Energy Projects, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power, Internal Revenue Code (IRC)

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Michael Walton

Spotlight on Indonesia’s Energy Transition – COP29 to Net Zero 2060

As delegates from the Indonesian government were in Azerbaijan making headline grabbing announcements at COP29, Baker Botts was pleased to host an evening seminar in Jakarta on 13 November 2024 with a panel of experts sharing…more

Carbon Capture and Sequestration, Coal, COP, Energy Storage, Forestry

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Allison Watkins Mallick

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas…more

Biden Administration, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

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Margaret Welsh

AI Legal Watch: April 14, 2025

In an unprecedented test of courtroom technology boundaries, the New York State Supreme Court Appellate Division recently halted proceedings when it discovered pro se litigant Jerome Dewald had submitted an AI-generated digital…more

Artificial Intelligence, Employment Litigation, EU, Governor Vetoes, Legal Technology

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Matthew West

Trump Tariff Tracker -- April 22, Matthew West

With the reciprocal tariffs in place, the Trump Administration is showing no signs of slowing down in its use of tariffs to push President Trump’s trade agenda. On April 16, the Commerce Department announced that on April 1 the…more

Canada, China, Imports, International Trade, Mexico

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Quentin Wiest

Financial Crimes Enforcement Network Adopts Interim Final Rule Narrowing Reporting Requirements Under the Corporate Transparency Act

On March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Treasury Department, issued an interim final rule to significantly narrow the reporting requirements under the Corporate Transparency…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Filing Requirements

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Jason Wilcox

President Trump Unveils Long-Awaited “Reciprocal” Tariff Regime

On April 2, 2025, as part of a “Liberation Day” ceremony in the White House Rose Garden, U.S. President Donald Trump signed an executive order imposing wide-ranging tariffs on imports from virtually every country in the world…more

Canada, China, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)

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David Wille

Intellectual Property Report

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable…more

Artificial Intelligence, Demurrers, Due Diligence, EU, Federal Bans

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Eliot Williams

Intellectual Property Report - October 2024

In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies. Government…more

Alice/Mayo, America Invents Act, Artificial Intelligence, Energy Projects, Energy Sector

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Matt Williams

Intellectual Property Report April 2025

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty…more

Acquisitions, Algorithms, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

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Spencer Withers

Not just Coal... its "Beautiful Clean" Coal

The executive order calls for the removal of federal regulatory barriers that hinder coal production. This will likely involve significant work to navigate and implement these changes, ensuring compliance while maximizing the…more

Clean Energy, Climate Change, Coal Industry, Energy Policy, Energy Sector

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Travis Wofford

Corporate Transparency Act Reporting Obligations Back In Effect With Extension

Reporting obligations related to the Corporate Transparency Act (“the CTA”) are set to return. As we previously reported, on December 3, 2024, a federal judge in Texas (Texas Top Cop Shop, Inc. v. Bessent) issued a nationwide…more

Anti-Money Laundering, Beneficial Owner, Corporate Governance, Corporate Transparency Act, Enforcement

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Jeffrey Wood

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas…more

Biden Administration, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

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Pilseon Yoo

Intellectual Property Report February 2025

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,…more

Artificial Intelligence, Copyright, Data Privacy, Data Protection, Intellectual Property Protection

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Michael Yuffee

Overview of President Trump’s April 8th Energy Executive Orders

On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation of…more

Coal Industry, Department of Energy (DOE), Deregulation, Electricity, Energy Policy

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