Baker Botts

Are We There Yet? CCS and Cost-Effectiveness Analyses

In 2011, the U.S. Environmental Protection Agency (EPA) issued pioneering guidance on the Best Available Control Technology (BACT) analysis for the control of greenhouse gas (GHG) emissions. In that guidance, EPA acknowledged…more

7/10/2014 | Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Fifth Circuit Holds TCEQ Water Permits Not Proximate Cause of Whooping Crane Deaths, Reverses Ban on Permitting

HOUSTON, July 2, 2014 -- Following briefing and argument by lawyers from Baker Botts and the Texas Office of Solicitor General, on June 30, 2014 the United States Court of Appeals for the Fifth Circuit reversed a district court…more

7/3/2014 | Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Rebalancing Indefiniteness: Nautilus v. Biosig

In a highly anticipated decision, the Supreme Court has rejected the Federal Circuit’s standard for indefiniteness – that a claim is indefinite only when it is not amenable to a construction or “insolubly ambiguous” – and…more

7/3/2014 | Civil Procedure, Intellectual Property

Tackling Standard Of Review For Compelled Corporate Speech

The U.S. Securities and Exchange Commission is hoping for another bite at the apple in the legal controversy surrounding its conflict minerals rule (“CM rule”). At the same time, an unrelated case raising nearly identical First…more

7/1/2014 | Civil Procedure, Commercial Law & Contracts, Constitutional Law, Securities Law

U.S. Government Enters $21 Million Sanctions Settlement With Dutch Aviation Services Company Arising out of Voluntary Self-Disclosure

The recent $21 million U.S. government sanctions settlement with Fokker Services BV (“Fokker”), a Dutch aerospace services provider, signifies an increasing appetite on the part of U.S. regulators to go after non-U.S. companies…more

7/1/2014 | Commercial Law & Contracts, Criminal Law, Finance & Banking, International Law & Trade

Supreme Court Does Away with the Presumption of Prudence: What's Next for Employer Stock Funds in 401(k) Plans and ESOPs?

On June 25, 2014, the United States Supreme Court issued its much anticipated “stock drop” decision in Fifth Third Bancorp v. Dudenhoeffer, ___ U.S. ___ (2014). The Court, in vacating the Sixth Circuit’s ruling, held that there…more

6/30/2014 | Business Torts, Civil Procedure, Finance & Banking, Labor & Employment Law, Securities Law

The Stats Tell The Story: Why Courts May Be More Likely To Grant Stays Based On IPR Proceedings

Inter Partes Review (“IPR”) proceedings are a powerful tool for challenging the validity of patents before the Patent Trial and Appeal Board (“PTAB”). In addition to their firepower to invalidate patents under §§ 102 and 103,…more

6/25/2014 | Civil Procedure, Civil Remedies, Intellectual Property

Getting the Most from Your Summer Clerkship

Summer recruiting programs are underway at most big law firms. Here’s how summer clerks can learn the most and maximize the odds of getting an employment offer when the summer ends. • Make the most of mentors. Most firms…more

6/25/2014 | Law Practice Products & Services

International Flavors - A True Guide For Amending Claims During An IPR?

Inter Partes Review (“IPR”) has proven to be a popular tool for patent infringement defendants. Among the petitioner-friendly features of IPR is the limited ability for patent owners to amend the challenged claims. For example,…more

6/25/2014 | Civil Procedure, Intellectual Property, Science, Computers, & Technology

Implications for Future Securities Class Action Cases

What impact will the Court’s decision today have on the securities class actions going forward? DS: Today’s opinion provides defendants with an important tool to defeat a 10b-5 class action at a relatively early stage of…more

6/24/2014 | Civil Procedure, Securities Law

Baker Botts: Supreme Court Sends ‘Decisive Message’ in Halliburton Decision

WASHINGTON, D.C., June 23, 2014 -- Today, the Supreme Court unanimously ruled that defendants in securities class actions under Section 10(b) of the Securities Exchange Act of 1934 must be allowed to present evidence at the…more

6/24/2014 | Civil Procedure, Securities Law

Q&A Series: Bringing the ‘Basic’ Debate to the Court

Editor's Note: Aaron Streett is head of the Supreme Court and Constitutional Law practice group at Baker Botts. He presented oral arguments for Halliburton in the Halliburton v. Erica P. John Fund case that the Court issued a…more

6/24/2014 | Civil Procedure, Business Torts, Securities Law

Establishing Personal Jurisdiction Over Foreign Corporations in ANDA Cases

In this BNA Insight, attorney Paul Ragusa examines the impact of a recent U.S. Supreme Court decision on litigation involving foreign corporations and abbreviated new drug applications. He says it may become more challenging to…more

6/9/2014 | Civil Procedure, Commercial Law & Contracts, Intellectual Property, International Law & Trade, Science, Computers, & Technology

The Shifting Sands Of Fee-Shifting in Patent Cases

Unlike most areas of American jurisprudence, the patent statute expressly permits district judges to shift fees in exceptional cases. “The court in exceptional cases may award reasonable attorney fees to the prevailing party.”…more

6/5/2014 | Civil Procedure, Civil Remedies, Intellectual Property

Managing Antitrust Risks in Patent Licensing – Post-Expiration Royalties and Package Licensing

Patent owners have considerable freedom to negotiate the subject matter, price, and term in licensing agreements. However, antitrust law has been used to limit this freedom when an arrangement is considered to exceed the…more

6/5/2014 | Antitrust & Trade Regulation, Intellectual Property