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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Matthew Adler

New HSR Rules Overturned by Federal Court — What Filers Need to Know

On February 12, 2026, the U.S. District Court for the Eastern District of Texas vacated the FTC’s 2024 HSR Final Rule (titled “Premerger Notification; Reporting and Waiting Period Requirements”), which went into effect on… more

Antitrust Provisions, Appeals, Corporate Counsel, Federal Trade Commission (FTC), Final Rules

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Ron M. Aizen

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

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Julie Albert

Intellectual Property Report - February 2026

Section 101 eligibility remains one of the most unpredictable and frequently contested areas of U.S. patent practice, particularly for software, artificial intelligence, and machine learning… more

Artificial Intelligence, California, China, Copyright, Copyright Litigation

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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

Saudi Arabia Responds to Investors with Revised Merger Guidelines Addressing Practical Needs

The Saudi General Authority for Competition (GAC) continues to develop its antitrust and competition regulatory framework to bring it in line with international standards. These efforts are part of the Kingdom’s broader goal of… more

Acquisitions, Antitrust Provisions, Competition Authorities, Investors, Joint Venture

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Lexie Ammons

Fourteenth Court of Appeals Further Limits Non-Economic Damages in ExxonMobil v. Brown

In ExxonMobil Corp. v. Brown, the Fourteenth Court of Appeals has continued appellate-court efforts to define the contours of proving and evaluating non-economic damages in Texas… more

Appeals, Appellate Courts, Appellate Review, Damages, Emotional Distress Damages

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Carina Antweil

ISS Releases Policy Updates for 2026 Annual Shareholder Meetings

ISS has released its benchmark policy changes for 2026. The changes largely adopt ISS’s previously proposed policy changes. The new policies will generally apply to shareholder meetings held on or after February 1, 2026… more

Board of Directors, Corporate Governance, Dual Class Share Structures, Equity Plan Scorecard (EPSC), Executive Compensation

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David Applebaum

FERC Issues Order Providing Guidance for "Co-locating" Power Plants with Data Centers within PJM

Commission directs PJM to provide new types of transmission service designed to “facilitate more rapid interconnection and operation of Co-located Loads”. On December 18, 2025, the Federal Energy Regulatory Commission… more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance Monitoring, Data Centers, 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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Ben Bafumi

AI Legal Watch: January 2026

Multiple significant state AI laws became effective January 1, 2026. California's Transparency in Frontier AI Act (SB 53), signed September 29, 2025, requires developers of large AI models trained using greater than 10²⁶ FLOPS… more

AI Act, Artificial Intelligence, Computer Fraud and Abuse Act (CFAA), Department of Justice (DOJ), Enforcement Actions

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Maria Eugenia Bagnulo

Tecnicas v PCMC: High Court Sets Aside ICC Award for Lack of Jurisdiction

The High Court’s recent judgement in Tecnicas Reunidas Saudia for Services & Contracting Co. Ltd v Petroleum Chemicals and Mining Company Limited [2025] EWHC 1785 (Comm) provides a rare example of a successful challenge to an… more

Arbitration, Arbitration Agreements, Arbitration Award Challenges, Arbitration Awards, Commercial Arbitration

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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

European General Court Confirms Validity of the EU–U.S. Data Privacy Framework

On September 3, 2025, the European General Court (“EGC”) issued a highly anticipated judgment refusing to annul the European Commission’s July 2023 adequacy decision for the EU–U.S. Data Privacy Framework (“DPF”). The action,… more

Court of Justice of the European Union (CJEU), Data Privacy, Data Protection, European Commission, Executive Orders

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Dino Barajas

Clean Energy Tax Credits: New Guidance on Beginning of Construction for Wind and Solar Facilities

On August 15, 2025, the Internal Revenue Service (the “IRS”) and the Department of the Treasury (“Treasury”) released new guidance on the “beginning of construction” for wind and solar facilities under the clean electricity… more

Clean Energy, Equal Employment Opportunity Commission (EEOC), Internal Revenue Code (IRC), Investment Tax Credits, IRS

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Ciara Barbu-O'Connor

EU Foreign Subsidies Regulation: Commission Publishes FSR Guidelines – Key Implications for M&A

On 9 January 2026, the European Commission (“Commission”) published its first set of Guidelines on the application of the Foreign Subsidies Regulation (“FSR”), which requires some M&A deals involving companies that have received… more

Acquisition Agreements, Balancing Test, Burden of Proof, Competition, Cross-Border Transactions

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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

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Emil Barth

FERC Issues Order Providing Guidance for "Co-locating" Power Plants with Data Centers within PJM

Commission directs PJM to provide new types of transmission service designed to “facilitate more rapid interconnection and operation of Co-located Loads”. On December 18, 2025, the Federal Energy Regulatory Commission… more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance Monitoring, Data Centers, Electricity, Energy Policy

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Bradley Bennett

Evolving Guidance on AI in EDVA Filings

With the rapid adoption of generative artificial intelligence (“AI”) tools to research, edit, and draft court filings, courts have faced a new challenge: fabricated or inaccurate citations… more

Artificial Intelligence, Best Practices, Case Management, Citations, Disclosure Requirements

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Jason Bennett

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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Stephanie Bergeron Perdue

Baker Botts’ 39th Annual Environmental Seminar

On January 28, 2026, Baker Botts hosted a full day of discussions featuring senior regulators, former agency leaders, and policy insiders, a clear theme emerged: environmental and energy regulation is being reshaped at an… more

CEQ, Clean Water Act, Department of Justice (DOJ), Energy Policy, Energy Projects

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Samir Bhavsar

AI Legal Watch - February 2026

On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, California, Class Action

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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

Fifth Circuit Grants Unopposed Administrative Stay: Current HSR Rules and Filing Form Remain in Place for Now

On February 19, 2026, the Fifth Circuit granted the FTC’s request for an administrative stay of the Eastern District of Texas decision vacating the 2024 HSR Final Rule, preserving the Rule until further order of the court… more

Appeals, Appellate Courts, Competition, Federal Trade Commission (FTC), Filing Fees

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Maddie Boezinger

Retail Shareholder Voting Automation: The New ExxonMobil Approach

Retail investors statistically do not vote at the same rate as other investors, particularly institutional investors. Under a new approach pioneered by ExxonMobil, public companies would offer retail investors the option to… more

Board of Directors, Investment Advisers Act of 1940, No-Action Letters, Proxy Materials, Publicly-Traded Companies

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Jody Boudreault

FTC’s Defeat in Challenge to Meta’s Acquisitions Highlights Challenges in Proving “Killer Acquisitions” in Dynamic Tech Markets

In a significant setback for the Federal Trade Commission (FTC), the U.S. District Court for the District of Columbia ruled in favor of Meta Platforms, Inc. (formerly Facebook) in FTC v. Meta Platforms, Inc., rejecting the… more

Antitrust Litigation, Antitrust Violations, Big Tech, Competition, Department of Justice (DOJ)

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Scott Bowling

Delaware’s Teligent Decision: A Fresh Reminder of Why Delaware’s Caremark Doctrine is Causing Some Companies to Consider Incorporating (or Reincorporating) in Texas or Nevada

Delaware’s Court of Chancery recently refused to dismiss a fiduciary duty lawsuit against former directors and officers of a company that had allegedly allowed its regulatory compliance deficiencies to lead to its financial… more

Bankruptcy Court, Board of Directors, Business Litigation, Caremark claim, Chapter 11

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Eileen Boyce

SEC to Defer to Companies Excluding Most Rule 14a-8 Shareholder Proposals This Proxy Season

The Securities and Exchange Commission (the “SEC”) has announced that, for the 2025–2026 proxy season, it will not provide substantive responses to company no-action requests to exclude shareholder proposals under Rule 14a-8,… more

Corporate Governance, No-Action Letters, Proxy Advisors, Proxy Advisory Firms, Proxy Materials

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Michael Bresson

Treasury and IRS Provide Guidance Regarding Energy Tax Credit Limits on Provision of Material Assistance by Foreign Entities of Concern (FEOCs)

On February 12, 2026, the Department of the Treasury and the Internal Revenue Service issued Notice 2026-15, providing 95 pages of guidance regarding the definition of “material assistance from a prohibited foreign entity.”… more

Clean Energy, Energy Storage, Energy Tax Incentives, Foreign Entities, Internal Revenue Code (IRC)

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Samia Broadaway

Baker Botts’ 39th Annual Environmental Seminar

On January 28, 2026, Baker Botts hosted a full day of discussions featuring senior regulators, former agency leaders, and policy insiders, a clear theme emerged: environmental and energy regulation is being reshaped at an… more

CEQ, Clean Water Act, Department of Justice (DOJ), Energy Policy, Energy Projects

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Shelby Brown

SEC to Defer to Companies Excluding Most Rule 14a-8 Shareholder Proposals This Proxy Season

The Securities and Exchange Commission (the “SEC”) has announced that, for the 2025–2026 proxy season, it will not provide substantive responses to company no-action requests to exclude shareholder proposals under Rule 14a-8,… more

Corporate Governance, No-Action Letters, Proxy Advisors, Proxy Advisory Firms, Proxy Materials

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Justin Bryant

AI Legal Watch - February 2026

On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, California, Class Action

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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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Michael Burger

Intellectual Property Report - February 2026

Section 101 eligibility remains one of the most unpredictable and frequently contested areas of U.S. patent practice, particularly for software, artificial intelligence, and machine learning… more

Artificial Intelligence, California, China, Copyright, Copyright Litigation

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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

March 2026: Federal Deadlines That Will Reshape the AI Regulatory Landscape

On December 11, 2025, President Trump signed an Executive Order titled "Ensuring a National Policy Framework for Artificial Intelligence," declaring it the policy of the United States to achieve “global AI dominance through a… more

Artificial Intelligence, Constitutional Challenges, Department of Justice (DOJ), Enforcement Actions, Executive Orders

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David Cardwell

Global Antitrust Hot Topics: EU, U.S. & Global Perspectives

The removal of FTC Commissioners Slaughter and Bedoya signaled presidential power over independent agencies, with Supreme Court backing. This precedent may extend to other independent bodies, raising concerns about broader… more

Antitrust Division, Antitrust Investigations, Biden Administration, Constitutional Challenges, Department of Justice (DOJ)

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Beau Carter

U.S. Supreme Court Poised to Address ERISA Pleading Standards for Underperformance Claims

On January 16, 2026, the U.S. Supreme Court granted certiorari in Anderson v. Intel Corp. Investment Policy Committee, No. 25-498 (U.S.), a case regarding what ERISA plaintiffs must allege at the pleading stage when they claim… more

401k, Benefit Plan Sponsors, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA), ERISA Litigation

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Thomas Carter

Antitrust Scrutiny of Investors Under a New Administration

Under the old guard of the prior administration, private equity was repeatedly under fire for alleged “flip and strip” tactics that were supposedly “at odds with competition.” Now, with new enforcers in place, a different… more

Acquisitions, Antitrust Litigation, Antitrust Provisions, Antitrust Violations, Competition

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Mark Castillo-Bernaus

Key Takeaways from the 9th Annual Baker Institute Energy Summit – Resilience in Energy Supply Chains

Baker Botts was proud once again to partner with Rice University’s Baker Institute Center for Energy Studies (CES) for the 9th Annual Energy Summit, held October 7–8 in Houston. This year’s theme — “Resilience in Energy Supply… more

Artificial Intelligence, Clean Energy, Energy Policy, Energy Sector, Infrastructure

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Frank Chambers

Fourteenth Court of Appeals Further Limits Non-Economic Damages in ExxonMobil v. Brown

In ExxonMobil Corp. v. Brown, the Fourteenth Court of Appeals has continued appellate-court efforts to define the contours of proving and evaluating non-economic damages in Texas… more

Appeals, Appellate Courts, Appellate Review, Damages, Emotional Distress Damages

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Jacqueline Chan

Patenting Play: Analyzing Recent Video Game Play Patents

The video game industry is a dynamic space that encourages innovation, with game developers often creating and employing novel technology and game design elements… more

Continuation Applications, Intellectual Property Protection, Patent Applications, Patent Examinations, Patent Infringement

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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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Meaghan Christner

IRS Issues Proposed Regulations Regarding § 45Z Clean Fuel Production Tax Credit

On February 4, 2026, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) published proposed regulations addressing the clean fuel production tax credit (“45Z Credit”) under section 45Z of the… more

Biofuel, Clean Energy, Comment Period, Energy Tax Incentives, Greenhouse Gas Emissions

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Matthew Chuning

Intellectual Property Report August 2025

Key Takeaway: When facing a patent infringement suit, accused infringers traditionally turned to inter partes review (IPR) as a faster, more cost-effective alternative to district court litigation. However, recent guidance from… more

Artificial Intelligence, Copyright, EU, Ex Partes Reexamination, Intellectual Property Litigation

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Kyle Clark

Back from the Dead? Takeaways from US DOJ’s New Guidelines for FCPA Investigations and Enforcement

On June 9, 2025, the Deputy Attorney General of the United States Department of Justice issued “Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA)” (the “Memorandum”). The Memorandum… more

Anti-Corruption, Bribery, Corruption, Criminal Investigations, Criminal Prosecution

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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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Katherine Corry

Intellectual Property Report - November 2025

Patentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications or superficial changes to the patented invention. In such situations, the doctrine… more

Artificial Intelligence, Authorship, Copyright, Doctrine of Equivalents, Machine Learning

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Neil Coulson

European General Court Confirms Validity of the EU–U.S. Data Privacy Framework

On September 3, 2025, the European General Court (“EGC”) issued a highly anticipated judgment refusing to annul the European Commission’s July 2023 adequacy decision for the EU–U.S. Data Privacy Framework (“DPF”). The action,… more

Court of Justice of the European Union (CJEU), Data Privacy, Data Protection, European Commission, Executive Orders

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Olivia Countryman

House Bill 40 Relating to the Texas Business Court Passes the Texas Senate

Last week, the Texas Senate passed House Bill 40 (“HB 40”), pushing the legislation’s changes to Texas’s new Business Court one step closer to enactment. With no anticipated obstacles, Governor Abbott is expected to sign HB 40… more

Arbitration Agreements, Business Litigation, Commercial Litigation, Dispute Resolution, Injunctive Relief

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Robert Cowan

IPO Claims Moving From Courtroom to Conference Room? SEC Reverses Approach to Issuer Registration Statements with Mandatory Arbitration Provisions

On September 17, 2025, the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) issued a Policy Statement (the “Policy Statement”) clarifying the Commission’s views on the use of mandatory arbitration… more

Capital Markets, Contract Terms, Disclosure Requirements, Initial Public Offering (IPO), Mandatory Arbitration Clauses

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Julie Cress

A Panel of Former EPA Attorneys: Insights on EPA Priorities & Recent Actions

During Baker Botts' 39th Annual Environmental, Safety & Incident Response Seminar on January 28, 2026, Partner Julie Cress moderated a panel covering "Insights on EPA Priorities & Recent Actions" with former EPA attorneys and… more

Administrative Procedure Act, Corporate Counsel, Department of Justice (DOJ), Deregulation, Enforcement Actions

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Dominic Cruciani

Intellectual Property Report June 2025

Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade… more

AI Act, Artificial Intelligence, Copyright, Copyright Infringement, Intellectual Property Litigation

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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

Fifth Circuit Grants Unopposed Administrative Stay: Current HSR Rules and Filing Form Remain in Place for Now

On February 19, 2026, the Fifth Circuit granted the FTC’s request for an administrative stay of the Eastern District of Texas decision vacating the 2024 HSR Final Rule, preserving the Rule until further order of the court… more

Appeals, Appellate Courts, Competition, Federal Trade Commission (FTC), Filing Fees

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Mona Dajani

Energy 2026: Navigating Complexity and Seizing Opportunities

Looking ahead to 2026, the energy sector is at a pivotal point, shaped by ongoing challenges and emerging new opportunities. After a year in which geopolitical tensions and economic pressures tested the industry’s resilience,… more

Build-Own-Operate, Clean Energy, Contract Terms, Data Centers, Energy Policy

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Danny David

Corporate Governance Field Guide - Board Communications

Formal board materials are the primary record of the actions directors approved or directed. Informal communications involving directors are also often highly sought after in litigation… more

Attorney-Client Privilege, Best Practices, Board Meetings, Board of Directors, Corporate Governance

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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

Treasury and IRS Provide Guidance Regarding Energy Tax Credit Limits on Provision of Material Assistance by Foreign Entities of Concern (FEOCs)

On February 12, 2026, the Department of the Treasury and the Internal Revenue Service issued Notice 2026-15, providing 95 pages of guidance regarding the definition of “material assistance from a prohibited foreign entity.”… more

Clean Energy, Energy Storage, Energy Tax Incentives, Foreign Entities, Internal Revenue Code (IRC)

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Louis Delvaux

Key Takeaways on EU merger control: Global Antitrust Hot Topics: EU, US & Global Perspectives

Baker Botts was pleased to sponsor the 13th edition of the Global Antitrust Hot Topics: EU, US & Global Perspectives, one of the premier gatherings in the EU Competition law community. The 25 September program featured insights… more

Anticompetitive Behavior, Antitrust Provisions, Competition, Competition Authorities, Digital Markets Strategy

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Ali Dhanani

Blockchain Investing Trends

The investment narrative has shifted from pure DeFi and NFTs toward real-world utility and computational infrastructure. The "AI x Crypto" intersection is the undisputed winner of the current cycle… more

Artificial Intelligence, Blockchain, Cryptoassets, Cryptocurrency, Decentralized Finance (DeFi)

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Michael Didriksen

Sunlight Under Scrutiny: Staying Eligible in USDA's New Era

The United States Department of Agriculture’s (USDA) Rural Business-Cooperative Service (RBCS) has issued a new policy directive that emphasizes portfolio stewardship and significantly alters eligibility criteria for renewable… more

Energy Policy, Energy Sector, Executive Orders, Farm Bill, Foreign Adversaries

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Brendan Dignan

Pentagon Recruits Business Operators for National Defense

On February 13, 2026, United States Secretary of War Pete Hegseth announced the creation of the Business Operators for National Defense program ("BOND") through a video released to social media… more

Business Operations, Business Strategies, Contract Management, Contractors, Defense Sector

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Lori Ding

Intellectual Property Report September 2025

The landscape of legal practice has significantly changed due to the proliferation of third-party litigation funding, a financial mechanism that provides capital to plaintiffs, including patent owners, in exchange for an… more

Artificial Intelligence, Biden Administration, Copyright, Ethics, General Data Protection Regulation (GDPR)

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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 - February 2026

On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, California, Class Action

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Kyle Doherty

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the injection… more

Carbon Capture and Sequestration, Energy Projects, Environmental Protection Agency (EPA), Government Agencies, Oil & Gas

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Sofia Doudountsaki

EU Foreign Subsidies Regulation & M&A: Latest Developments and Implications for Deal Strategy

The European Union’s Foreign Subsidies Regulation (“FSR”) has now been in force for over a year, introducing a new layer of regulatory oversight for companies engaging in M&A transactions within the EU. Designed to address the… more

Acquisitions, Competition, Compliance, Due Diligence, Enforcement

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Sarah Douglas

9 Questions About EPA’s Rescission of the 2009 Endangerment Finding

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

Clean Air Act, Climate Change, Corporate Counsel, Endangerment Finding, Environmental Protection Agency (EPA)

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Lauren Dreyer

Intellectual Property Report - January 2026

As discussed in our previous article, Comcast sought mandamus relief after Judge Gilstrap of the Eastern District of Texas denied the company’s motion to dismiss or transfer for improper venue… more

Amgen, Amgen v Sanofi, Artificial Intelligence, CAFC, Canada

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Ed Duffy

Global Antitrust Hot Topics: EU, U.S. & Global Perspectives

The removal of FTC Commissioners Slaughter and Bedoya signaled presidential power over independent agencies, with Supreme Court backing. This precedent may extend to other independent bodies, raising concerns about broader… more

Antitrust Division, Antitrust Investigations, Biden Administration, Constitutional Challenges, Department of Justice (DOJ)

See all updates »

Scott Elliott

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

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Alejandro Escobar

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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

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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

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Jon Feldhammer

Treasury and IRS Provide Guidance Regarding Energy Tax Credit Limits on Provision of Material Assistance by Foreign Entities of Concern (FEOCs)

On February 12, 2026, the Department of the Treasury and the Internal Revenue Service issued Notice 2026-15, providing 95 pages of guidance regarding the definition of “material assistance from a prohibited foreign entity.”… more

Clean Energy, Energy Storage, Energy Tax Incentives, Foreign Entities, Internal Revenue Code (IRC)

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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

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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

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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Liz Flannery

Summer Pool Games Heat Up: Patent Owner Dunks EV Battery Manufacturer

About a year ago, two major tech companies launched Tulip Innovations to manage a pool of 5000+ patents focused on battery technologies, inviting manufacturers to collaborate and take a license. But it's not all fun and games at… more

Advanced Batteries, Automotive Industry, Electric Vehicles, Energy Storage, EU

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Mary Franco

FERC Issues Order Providing Guidance for "Co-locating" Power Plants with Data Centers within PJM

Commission directs PJM to provide new types of transmission service designed to “facilitate more rapid interconnection and operation of Co-located Loads”. On December 18, 2025, the Federal Energy Regulatory Commission… more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance Monitoring, Data Centers, Electricity, Energy Policy

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Nick Frey

The "One Big Beautiful Bill" Key Tax Takeaways

On July 4, 2025, the legislation commonly known as “The One Big Beautiful Bill Act” (the “BBBA”) was enacted. The BBBA makes permanent, extends and, in certain cases, modifies, a number of provisions from the 2017 Tax Cuts and… more

Bonus Depreciation, Business Taxes, Capital Gains, Clean Energy, Corporate Taxes

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Ellen Friedman

Treasury Establishes 45Q Carbon Capture Tax Credit Safe Harbor for Verifying CO2 Sequestration

On December 19, 2025, Treasury and the IRS released Notice 2026-1 (the “Notice”) establishing an alternative method for taxpayers to substantiate carbon oxide sequestration volumes for section 45Q carbon capture tax credits in… more

Carbon Capture and Sequestration, Energy Tax Incentives, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Internal Revenue Code (IRC)

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William Gaines

Impact of New USPTO Interim Procedures on Discretionary Denial of AIA Proceedings

Key Takeaway: The USPTO has reinstated earlier discretionary denial standards (including Fintiv) and introduced a new two-phase review process, which is expected to lead to more frequent denials of IPR petitions. Both patent… more

Administrative Procedure Act, America Invents Act, Filing Deadlines, Inter Partes Review (IPR) Proceeding, Litigation Strategies

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Rica V. Garcia

New Year, New Deadlines: Does your HVAC and other refrigerant-containing equipment comply with EPA’s new January requirements?

On January 1, 2026, owners, operators, installers, servicers, recyclers, reclaimers, and disposers of appliances containing hydrofluorocarbons (“HFCs”) became subject to new requirements under two programs implementing the… more

Air Pollution, Chemicals, Clean Air Act, Compliance Dates, Deadlines

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Ben Geslison

California 2026 Billionaire Tax Act

On October 22, 2025, a ballot initiative titled the “2026 Billionaire Tax Act” was filed with the California Attorney General. An amendment to the initiative was filed on November 26, 2025… more

Apportionment, Ballot Measures, California, Constitutional Amendment, Constitutional Challenges

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Benjamin Gonsoulin

Baker Botts’ 39th Annual Environmental Seminar

On January 28, 2026, Baker Botts hosted a full day of discussions featuring senior regulators, former agency leaders, and policy insiders, a clear theme emerged: environmental and energy regulation is being reshaped at an… more

CEQ, Clean Water Act, Department of Justice (DOJ), Energy Policy, Energy Projects

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Jonathan Gordon

Recap: 2025 North America M&A Dealmaking Trends in Digital Infrastructure and Technology

We attended the 2025 North America M&A Dealmaking Trends in Digital Infrastructure and Technology webinar, hosted by SS&C Intralinks with TMT Finance, where Senior M&A leaders from Goldman Sachs, J.P. Morgan, Morgan Stanley, and… more

Acquisitions, Capital Formation, Capital Markets, Data Centers, Energy Sector

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Jason Ayer Graham

The "One Big Beautiful Bill" Key Tax Takeaways

On July 4, 2025, the legislation commonly known as “The One Big Beautiful Bill Act” (the “BBBA”) was enacted. The BBBA makes permanent, extends and, in certain cases, modifies, a number of provisions from the 2017 Tax Cuts and… more

Bonus Depreciation, Business Taxes, Capital Gains, Clean Energy, Corporate Taxes

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Derek Green

IRS Issues Proposed Regulations Regarding § 45Z Clean Fuel Production Tax Credit

On February 4, 2026, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) published proposed regulations addressing the clean fuel production tax credit (“45Z Credit”) under section 45Z of the… more

Biofuel, Clean Energy, Comment Period, Energy Tax Incentives, Greenhouse Gas Emissions

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Diane Gremillion Evans

FERC Issues Order Providing Guidance for "Co-locating" Power Plants with Data Centers within PJM

Commission directs PJM to provide new types of transmission service designed to “facilitate more rapid interconnection and operation of Co-located Loads”. On December 18, 2025, the Federal Energy Regulatory Commission… more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance Monitoring, Data Centers, Electricity, Energy Policy

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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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Matt Gurch

Wind and Solar on Public Land Face New Fee Regime Under Landmark Legislation

The landscape of renewable energy development on federal lands is undergoing significant changes with the passage of the One Big Beautiful Act (“OBBA”). This legislation marks a notable departure from the prior discretionary… more

Bureau of Land Management, Clean Energy, Department of the Interior, Energy Policy, Fees

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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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Jordan Hahn

The "One Big Beautiful Bill" Key Tax Takeaways

On July 4, 2025, the legislation commonly known as “The One Big Beautiful Bill Act” (the “BBBA”) was enacted. The BBBA makes permanent, extends and, in certain cases, modifies, a number of provisions from the 2017 Tax Cuts and… more

Bonus Depreciation, Business Taxes, Capital Gains, Clean Energy, Corporate Taxes

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Samantha Hale Crispin

Corporate Governance Field Guide - Board Communications

Formal board materials are the primary record of the actions directors approved or directed. Informal communications involving directors are also often highly sought after in litigation… more

Attorney-Client Privilege, Best Practices, Board Meetings, Board of Directors, Corporate Governance

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Kirsten Hallmark

Carbon Capture Developments: Class VI Primacy in Louisiana and Texas

As energy infrastructure projects ramp up along the U.S. Gulf Coast and beyond, the role of states in holding primary enforcement authority (“primacy”) for certain federal programs has taken center stage; this is particularly… more

Carbon Capture and Sequestration, Eminent Domain, Energy Projects, Environmental Litigation, Environmental Protection Agency (EPA)

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Parker Hancock

AI Legal Watch - February 2026

On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, California, Class Action

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Shadi Haroon

Saudi Arabia Responds to Investors with Revised Merger Guidelines Addressing Practical Needs

The Saudi General Authority for Competition (GAC) continues to develop its antitrust and competition regulatory framework to bring it in line with international standards. These efforts are part of the Kingdom’s broader goal of… more

Acquisitions, Antitrust Provisions, Competition Authorities, Investors, Joint Venture

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Richard Harper

AI Legal Watch - February 2026

On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, California, Class Action

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Michael Harrison

P2N0 - Edition 42 - News and Views on the Drive Towards Net-Zero GHG Emissions

Welcome to Edition 42 of P2N0 covering the drive to avoid, reduce and remove greenhouse gas (GHG) emissions to progress to net-zero GHG emissions (NZE)… more

Agricultural Land, Carbon Emissions, Clean Energy, Climate Change, Emissions Trading System

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Catriona Hatton

EU Foreign Subsidies Regulation: Commission Publishes FSR Guidelines – Key Implications for M&A

On 9 January 2026, the European Commission (“Commission”) published its first set of Guidelines on the application of the Foreign Subsidies Regulation (“FSR”), which requires some M&A deals involving companies that have received… more

Acquisition Agreements, Balancing Test, Burden of Proof, Competition, Cross-Border Transactions

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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

Third Quarter 2025 Federal Circuit Law Snapshot

“While the ultimate question of whether a patent applicant derived a claimed invention from another inventor is one of fact, the determination of whether the accused deriver conceived is a question of law, which is based upon… more

Appeals, Appellate Courts, CAFC, Derivation Proceeding, Intellectual Property Litigation

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Jennifer Haworth McCandless

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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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

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Elias Hinckley

Treasury and IRS Provide Guidance Regarding Energy Tax Credit Limits on Provision of Material Assistance by Foreign Entities of Concern (FEOCs)

On February 12, 2026, the Department of the Treasury and the Internal Revenue Service issued Notice 2026-15, providing 95 pages of guidance regarding the definition of “material assistance from a prohibited foreign entity.”… more

Clean Energy, Energy Storage, Energy Tax Incentives, Foreign Entities, Internal Revenue Code (IRC)

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Reilly S. Hobson

Recap: 2025 North America M&A Dealmaking Trends in Digital Infrastructure and Technology

We attended the 2025 North America M&A Dealmaking Trends in Digital Infrastructure and Technology webinar, hosted by SS&C Intralinks with TMT Finance, where Senior M&A leaders from Goldman Sachs, J.P. Morgan, Morgan Stanley, and… more

Acquisitions, Capital Formation, Capital Markets, Data Centers, Energy Sector

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Ross Holley

Taxpayer Assistance and Service Act – Comments from the ABA Tax Section

On January 30, 2025, a bipartisan group of US Senators released a discussion draft of the Taxpayer Assistance and Service Act (“TAS Act”), a taxpayer-friendly legislative proposal. While it is uncertain whether the TAS Act will… more

American Bar Association (ABA), Appeals, Dispute Resolution, IRS, New Legislation

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Hugh M. Hollman

FTC’s Defeat in Challenge to Meta’s Acquisitions Highlights Challenges in Proving “Killer Acquisitions” in Dynamic Tech Markets

In a significant setback for the Federal Trade Commission (FTC), the U.S. District Court for the District of Columbia ruled in favor of Meta Platforms, Inc. (formerly Facebook) in FTC v. Meta Platforms, Inc., rejecting the… more

Antitrust Litigation, Antitrust Violations, Big Tech, Competition, Department of Justice (DOJ)

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Thomas Holmberg

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the injection… more

Carbon Capture and Sequestration, Energy Projects, Environmental Protection Agency (EPA), Government Agencies, Oil & Gas

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Aileen Hooks

Treasury Establishes 45Q Carbon Capture Tax Credit Safe Harbor for Verifying CO2 Sequestration

On December 19, 2025, Treasury and the IRS released Notice 2026-1 (the “Notice”) establishing an alternative method for taxpayers to substantiate carbon oxide sequestration volumes for section 45Q carbon capture tax credits in… more

Carbon Capture and Sequestration, Energy Tax Incentives, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Internal Revenue Code (IRC)

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Ariel House

AI Legal Watch - February 2026

On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, California, Class Action

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Eileen Hyde

Intellectual Property Report May 2025

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., Case No. 2023-2437 (Apr. 18, 2025), affirming dismissal… more

Appeals, Artificial Intelligence, EU, Intellectual Property Litigation, Machine Learning

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Thomas Jackson

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #2

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Artificial Intelligence, Clean Water Act, Compliance Monitoring, Data Centers, Endangered Species Act (ESA)

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Kevin Jacobs

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

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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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J. Scott Janoe

9 Questions About EPA’s Rescission of the 2009 Endangerment Finding

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

Clean Air Act, Climate Change, Corporate Counsel, Endangerment Finding, Environmental Protection Agency (EPA)

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Katie Jeffress

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #1

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Air Pollution, Clean Air Act, Desalination, Environmental Litigation, Environmental Protection Agency (EPA)

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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 EPA’s Rescission of the 2009 Endangerment Finding

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

Clean Air Act, Climate Change, Corporate Counsel, Endangerment Finding, Environmental Protection Agency (EPA)

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Derek Jones

AI Legal Watch: July 2

The European Commission recently launched a public consultation on the implementation of the AI Act, primarily focused on the classification (and ultimate regulation) of “high risk” AI systems. The AI Act employs a risk-based… more

AI Act, Algorithms, Artificial Intelligence, Copyright Infringement, Copyright Litigation

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Teresa Jones

Cosmetics Industry Regulatory Challenges Accelerate

The past three years have marked the most significant expansion of cosmetic industry oversight since 1938. The updates below outline key provisions of the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) and… more

Food & Drug Regulations, Food and Drug Administration (FDA), Labeling, Modernization of Cosmetics Regulation Act of 2022 (MoCRA), PFAS

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Dina Jubrail

UK Government Launches Consultation Overhauling the CMA’s Competition Regime

On 20 January 2026, the UK’s Department for Business & Trade (“DBT”) launched a consultation on a significant overhaul of the Competition Market Authority’s (“CMA”) regime, aiming to “promote effective competition, support… more

Algorithms, Competition, Competition Authorities, Consultation Papers, Jurisdictional Thresholds

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Michael Kachmarik

Intellectual Property Report June 2025

Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade… more

AI Act, Artificial Intelligence, Copyright, Copyright Infringement, Intellectual Property Litigation

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Meher Kairon Prasad

AI Legal Watch: July 2

The European Commission recently launched a public consultation on the implementation of the AI Act, primarily focused on the classification (and ultimate regulation) of “high risk” AI systems. The AI Act employs a risk-based… more

AI Act, Algorithms, Artificial Intelligence, Copyright Infringement, Copyright Litigation

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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

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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

IRS Issues Proposed Regulations Regarding § 45Z Clean Fuel Production Tax Credit

On February 4, 2026, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) published proposed regulations addressing the clean fuel production tax credit (“45Z Credit”) under section 45Z of the… more

Biofuel, Clean Energy, Comment Period, Energy Tax Incentives, Greenhouse Gas Emissions

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Henry Klimowicz

AI Legal Watch: October 2025

On September 29, 2025, California Governor Gavin Newsom signed into law Senate Bill 53 (“SB 53”), which includes the Transparency in Frontier Artificial Intelligence Act (“TFAIA”). This new law makes California the first state… more

Artificial Intelligence, California, Disclosure Requirements, Executive Orders, Exports

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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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Benjamin Koodrich

California 2026 Billionaire Tax Act

On October 22, 2025, a ballot initiative titled the “2026 Billionaire Tax Act” was filed with the California Attorney General. An amendment to the initiative was filed on November 26, 2025… more

Apportionment, Ballot Measures, California, Constitutional Amendment, Constitutional Challenges

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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

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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Michael Kovacich

The "One Big Beautiful Bill Act" Substantially Alters Clean Energy Tax Landscape

On July 4, 2025, the legislation commonly known as the "One Big Beautiful Bill Act" (the “BBBA”) was enacted. The BBBA makes significant changes to the tax credits available under the Inflation Reduction Act of 2022 (the “IRA”),… more

China, Clean Energy, Energy Tax Incentives, Foreign Entities, Inflation Reduction Act (IRA)

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Alexander Kraszewski

Key Takeaways: Georgetown Law 19th Annual Global Antitrust Enforcement Symposium

Baker Botts was pleased to sponsor the 19th Annual Global Antitrust Enforcement Symposium, one of the premier gatherings in the competition law community. The September 16, 2025, program featured insights from key senior… more

Antitrust Division, Artificial Intelligence, Competition Authorities, Department of Justice (DOJ), Digital Markets Strategy

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Daniel Kruger

Texas Adopts New Decommissioning Law for Battery Energy Storage Systems

Texas has enacted a new statutory framework governing the decommissioning of battery energy storage systems (BESS) not owned by an electric utility. On May 29, 2025, Governor Greg Abbott signed House Bill 3809 (H.B. 3809) into… more

Energy Storage, Leases, New Legislation, Recycling, Regulatory Requirements

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Akash Kurupassery

The President Challenges the Primes, Defines “Innovation”

A series of recent actions from the White House, Congress, and the Pentagon have sent an unusually strong signal to major defense contractors and market entrants that seek to compete in the defense ecosystem… more

Defense Contracts, Defense Production Act, Defense Sector, Department of Defense (DOD), Executive Orders

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Matthew Kuryla

Baker Botts’ 39th Annual Environmental Seminar

On January 28, 2026, Baker Botts hosted a full day of discussions featuring senior regulators, former agency leaders, and policy insiders, a clear theme emerged: environmental and energy regulation is being reshaped at an… more

CEQ, Clean Water Act, Department of Justice (DOJ), Energy Policy, Energy Projects

See all updates »

Morgan Laing

Intellectual Property Report - March 2026

Digital twins are no longer experimental engineering tools—they are becoming core components of medical devices, biomanufacturing systems, and AI-driven clinical platforms… more

Artificial Intelligence, Biotechnology, Cybersecurity, Data Security, Department of Justice (DOJ)

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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

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John Lawrence

Handling Employee Sox and Dodd-Frank Whistleblower Complaints

Baker Botts and ACC Houston hosted a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Compliance Management Systems, Corporate Governance, Dodd-Frank, Employer Responsibilities, Internal Investigations

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Louis Layrisson

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

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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

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Connica Lemond

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

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Jonathan Levine

Texas Senate Bill 6: Understanding the Impacts to Large Loads and Co-located Generation

During its 2025 regular session, the Texas Legislature passed Senate Bill 6 ("SB 6") to establish a regulatory framework to manage the rapid growth of consumers with high electricity demand (currently ≥ 75 MW)—referred to as… more

Electricity, Energy Policy, Energy Sector, New Legislation, New Regulations

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Matthew Levitt

UK Government Launches Consultation Overhauling the CMA’s Competition Regime

On 20 January 2026, the UK’s Department for Business & Trade (“DBT”) launched a consultation on a significant overhaul of the Competition Market Authority’s (“CMA”) regime, aiming to “promote effective competition, support… more

Algorithms, Competition, Competition Authorities, Consultation Papers, Jurisdictional Thresholds

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Russell Lewis

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

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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

See all updates »

Landon Lill

Texas Senate Bill 6: Understanding the Impacts to Large Loads and Co-located Generation

During its 2025 regular session, the Texas Legislature passed Senate Bill 6 ("SB 6") to establish a regulatory framework to manage the rapid growth of consumers with high electricity demand (currently ≥ 75 MW)—referred to as… more

Electricity, Energy Policy, Energy Sector, New Legislation, New Regulations

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Jon Lobb

The "One Big Beautiful Bill" Key Tax Takeaways

On July 4, 2025, the legislation commonly known as “The One Big Beautiful Bill Act” (the “BBBA”) was enacted. The BBBA makes permanent, extends and, in certain cases, modifies, a number of provisions from the 2017 Tax Cuts and… more

Bonus Depreciation, Business Taxes, Capital Gains, Clean Energy, Corporate Taxes

See all updates »

Jason Loden

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

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Michael Loesch

SEC Overhauls Enforcement Manual: What Investigated Entities Need to Know

On February 24, 2026, the U.S. Securities and Exchange Commission (“SEC”) announced significant updates to its Enforcement Manual (“Manual”), marking the first comprehensive overhaul of the Division of Enforcement’s… more

Compliance Monitoring, Enforcement Actions, Enforcement Guidance, Enforcement Priorities, Investigations

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Leslie Lord

EDGAR Next: Transition to the SEC's New Filing System Before the September Deadline

Earlier this year, the Securities and Exchange Commission (the “SEC”) introduced a new filing system, referred to as EDGAR Next, which establishes an authentication process for EDGAR filers seeking to make filings with the SEC… more

Compliance, Corporate Governance, EDGAR, Electronic Filing, Filing Deadlines

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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

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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Paul Luther

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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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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Frank Mace

First Court of Appeals Decision Broadly Applies Express Negligence Doctrine

Contracting parties operating in Texas are no doubt mindful of the express negligence rule: If the contracting parties intend to indemnify a party for the consequences of its own negligence, they must specifically and expressly… more

Appellate Courts, Commercial Contracts, Commercial Litigation, Comparative Negligence, Construction Contracts

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Paul Magee

Pentagon Recruits Business Operators for National Defense

On February 13, 2026, United States Secretary of War Pete Hegseth announced the creation of the Business Operators for National Defense program ("BOND") through a video released to social media… more

Business Operations, Business Strategies, Contract Management, Contractors, Defense Sector

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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 - December 2025

Whether an entity is seeking to invest in a start-up or maturing company, is in the shoes of a developing company looking for further investment, or is seeking to acquire or sell a product line or other corporate assets,… more

Acquisitions, AI Act, Artificial Intelligence, Data Privacy, Data Protection

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Josh Mandell

The "One Big Beautiful Bill" Key Tax Takeaways

On July 4, 2025, the legislation commonly known as “The One Big Beautiful Bill Act” (the “BBBA”) was enacted. The BBBA makes permanent, extends and, in certain cases, modifies, a number of provisions from the 2017 Tax Cuts and… more

Bonus Depreciation, Business Taxes, Capital Gains, Clean Energy, Corporate Taxes

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Steve Mann

Intellectual Property Report May 2025

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., Case No. 2023-2437 (Apr. 18, 2025), affirming dismissal… more

Appeals, Artificial Intelligence, EU, Intellectual Property Litigation, Machine Learning

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Sterling Marchand

9 Questions About EPA’s Rescission of the 2009 Endangerment Finding

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

Clean Air Act, Climate Change, Corporate Counsel, Endangerment Finding, Environmental Protection Agency (EPA)

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Stephen Marcus

Treasury and IRS Provide Guidance Regarding Energy Tax Credit Limits on Provision of Material Assistance by Foreign Entities of Concern (FEOCs)

On February 12, 2026, the Department of the Treasury and the Internal Revenue Service issued Notice 2026-15, providing 95 pages of guidance regarding the definition of “material assistance from a prohibited foreign entity.”… more

Clean Energy, Energy Storage, Energy Tax Incentives, Foreign Entities, Internal Revenue Code (IRC)

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Linda Martin

D.C. Circuit Stays Section 1782 Discovery, Reinforcing Strong Protections for Attorney–Client Privilege

On January 28, 2026, in Kuwait Ports Authority v. Crowell & Moring, 2026 WL 248824 (D.C. Cir. Jan. 28, 2026), the U.S. Court of Appeals for the D.C. Circuit granted an emergency stay of discovery orders which had compelled a law… more

28 U.S.C. § 1782, Appellate Courts, Attorney-Client Privilege, Cross-Border Transactions, Discovery

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Tommy Martin

2025 EDVA Commercial Litigation Roundup

In 2025, the Eastern District of Virginia (“EDVA”) remained one of the fastest federal trial courts in the country while simultaneously handing some of the most complex civil litigation nationwide… more

Administrative Procedure Act, Antitrust Litigation, Business Disputes, Class Action, Commercial Litigation

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Cassandra Mastrostefano

FERC Fines Electric Utility for Providing False Information to NERC Regional Entity

On October 2, 2025, the Federal Energy Regulatory Commission (FERC) approved a settlement with the Los Angeles Department of Water and Power (LADWP) to resolve an Office of Enforcement (Enforcement) investigation of LADWP’s… more

Audits, Bulk Electric System, Compliance Monitoring, Energy Sector, Enforcement Actions

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Pallavi Mathur

Intellectual Property Report August 2025

Key Takeaway: When facing a patent infringement suit, accused infringers traditionally turned to inter partes review (IPR) as a faster, more cost-effective alternative to district court litigation. However, recent guidance from… more

Artificial Intelligence, Copyright, EU, Ex Partes Reexamination, Intellectual Property Litigation

See all updates »

Andrew Maughan

The "One Big Beautiful Bill" Key Tax Takeaways

On July 4, 2025, the legislation commonly known as “The One Big Beautiful Bill Act” (the “BBBA”) was enacted. The BBBA makes permanent, extends and, in certain cases, modifies, a number of provisions from the 2017 Tax Cuts and… more

Bonus Depreciation, Business Taxes, Capital Gains, Clean Energy, Corporate Taxes

See all updates »

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 »

Kent Mayo

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #2

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Artificial Intelligence, Clean Water Act, Compliance Monitoring, Data Centers, Endangered Species Act (ESA)

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Leslie McCombs Roussev

AI Legal Watch: September 2

Recently, the United States released America’s AI Action Plan. Shortly after, at the 2025 World AI Conference, the Chinese government released its own AI Action Plan. While there are significant overlaps between the two plans… more

Artificial Intelligence, Automated Decision Systems (ADS), China, Discrimination, Employer Liability Issues

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Derek McDonald

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #2

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Artificial Intelligence, Clean Water Act, Compliance Monitoring, Data Centers, Endangered Species Act (ESA)

See all updates »

Katie McEvilly

Treasury and IRS Provide Guidance Regarding Energy Tax Credit Limits on Provision of Material Assistance by Foreign Entities of Concern (FEOCs)

On February 12, 2026, the Department of the Treasury and the Internal Revenue Service issued Notice 2026-15, providing 95 pages of guidance regarding the definition of “material assistance from a prohibited foreign entity.”… more

Clean Energy, Energy Storage, Energy Tax Incentives, Foreign Entities, Internal Revenue Code (IRC)

See all updates »

Tiffany Means

Expansion of Harris County District Courts

On September 18, 2025, the District Courts of Harris County announced a major development: the addition of five new district courts within Harris County. This long-awaited expansion comes amid a period of momentous change and… more

Access To Justice, Business Court, Business Disputes, Civil Claims, Judicial Authority

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Jared Meier

Treasury and IRS Provide Guidance Regarding Energy Tax Credit Limits on Provision of Material Assistance by Foreign Entities of Concern (FEOCs)

On February 12, 2026, the Department of the Treasury and the Internal Revenue Service issued Notice 2026-15, providing 95 pages of guidance regarding the definition of “material assistance from a prohibited foreign entity.”… more

Clean Energy, Energy Storage, Energy Tax Incentives, Foreign Entities, Internal Revenue Code (IRC)

See all updates »

Michelle Molner

Intellectual Property Report - December 2025

Whether an entity is seeking to invest in a start-up or maturing company, is in the shoes of a developing company looking for further investment, or is seeking to acquire or sell a product line or other corporate assets,… more

Acquisitions, AI Act, Artificial Intelligence, Data Privacy, Data Protection

See all updates »

Bridget Moore

SEC Overhauls Enforcement Manual: What Investigated Entities Need to Know

On February 24, 2026, the U.S. Securities and Exchange Commission (“SEC”) announced significant updates to its Enforcement Manual (“Manual”), marking the first comprehensive overhaul of the Division of Enforcement’s… more

Compliance Monitoring, Enforcement Actions, Enforcement Guidance, Enforcement Priorities, Investigations

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Juan Moreno

Guidance for Sovereigns, Private Bond Creditors and Multilaterals: IMF Maps Weaknesses in Today’s Restructuring Architecture

In October 2025 the IMF released the 2025 Debt Stocktaking Policy Paper. This represents the first comprehensive review of documentation relating to international sovereign restructurings since 2020… more

Bond Financing, Bondholders, Commercial Loans, Contract Terms, Creditors

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Paul Morico

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

See all updates »

Matthew Morrison

New Year, New Deadlines: Does your HVAC and other refrigerant-containing equipment comply with EPA’s new January requirements?

On January 1, 2026, owners, operators, installers, servicers, recyclers, reclaimers, and disposers of appliances containing hydrofluorocarbons (“HFCs”) became subject to new requirements under two programs implementing the… more

Air Pollution, Chemicals, Clean Air Act, Compliance Dates, Deadlines

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Gerry Morton

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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

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Thomas Natsume

Intellectual Property Report August 2025

Key Takeaway: When facing a patent infringement suit, accused infringers traditionally turned to inter partes review (IPR) as a faster, more cost-effective alternative to district court litigation. However, recent guidance from… more

Artificial Intelligence, Copyright, EU, Ex Partes Reexamination, Intellectual Property Litigation

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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

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Scott Nelson

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

See all updates »

Jason Newman

Write it Down or Forever Hold Your Peace: Texas Supreme Court Rejects Fraud Claims Based on Oral Representations in Mineral Deals

On Friday, May 9th, the Supreme Court of Texas addressed important issues regarding the enforcement of written contractual representations in its per curiam opinion styled Roxo Energy Co., LLC et al. v. Baxsto, LLC, --- S.W.3d… more

Business Litigation, Contract Disputes, Contract Interpretation, Fraud, Mineral Leases

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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

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Tina Nguyen

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

See all updates »

Ryan Norfolk

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #2

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Artificial Intelligence, Clean Water Act, Compliance Monitoring, Data Centers, Endangered Species Act (ESA)

See all updates »

Tom O'Brien

2026 Dallas Board of Directors Forum: Key Takeaways

The Baker Botts Dallas Board of Directors Forum brought together subject matter experts on significant and trending topics in the Debate Chamber at Old Parkland on February 10th, 2026. The key takeaways shared with board members… more

Activist Investors, Artificial Intelligence, Board Members, Board of Directors, Business Court

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Jeffrey Oliver

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

See all updates »

John Ormiston

Write it Down or Forever Hold Your Peace: Texas Supreme Court Rejects Fraud Claims Based on Oral Representations in Mineral Deals

On Friday, May 9th, the Supreme Court of Texas addressed important issues regarding the enforcement of written contractual representations in its per curiam opinion styled Roxo Energy Co., LLC et al. v. Baxsto, LLC, --- S.W.3d… more

Business Litigation, Contract Disputes, Contract Interpretation, Fraud, Mineral Leases

See all updates »

Ricardo Daniel L. Pagulayan

9 Questions About EPA’s Rescission of the 2009 Endangerment Finding

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

Clean Air Act, Climate Change, Corporate Counsel, Endangerment Finding, Environmental Protection Agency (EPA)

See all updates »

Christopher Palermo

With Patent Enforcement Persistently Uncertain, High-Tech Startups Should Rediscover Trade Secrets

The United States Congress, the US Patent and Trademark Office, the federal courts, and patent seekers have been locked in seemingly irreconcilable conflicts over patent standards and policy for almost 75 years… more

Business Strategies, Confidential Information, Defend Trade Secrets Act (DTSA), Innovation, Intellectual Property Protection

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Nick Palmieri

Supreme Court Denies Petition on Copyright Authorship by AI

On March 2, 2026, the Supreme Court denied certiorari filed by Dr. Stephen Thaler, who sought review of the U.S. Copyright Office's denial of copyright protection to various works created by Thaler's “DABUS” artificial… more

Appeals, Artificial Intelligence, Authorship, Copyright, Copyright Litigation

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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

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Nicole Perez

Intellectual Property Report - January 2026

As discussed in our previous article, Comcast sought mandamus relief after Judge Gilstrap of the Eastern District of Texas denied the company’s motion to dismiss or transfer for improper venue… more

Amgen, Amgen v Sanofi, Artificial Intelligence, CAFC, Canada

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Joseph Perry

Supreme Court to Resolve Circuit Split Regarding the SEC’s Authority to Seek Disgorgement

On January 9, 2026, the U.S. Supreme Court granted a writ of certiorari in SEC v. Sripetch, 154 F.4th 980 (9th Cir. 2025) to resolve a Circuit split concerning what the U.S. Securities and Exchange Commission (“SEC”) must prove… more

Appellate Courts, Corporate Counsel, Disgorgement, Enforcement Actions, Kokesh v SEC

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Amy Pharr Hefley

Corporate Governance Field Guide - Board Communications

Formal board materials are the primary record of the actions directors approved or directed. Informal communications involving directors are also often highly sought after in litigation… more

Attorney-Client Privilege, Best Practices, Board Meetings, Board of Directors, Corporate Governance

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Enrico Picozza

AI Legal Watch: January 2026

Multiple significant state AI laws became effective January 1, 2026. California's Transparency in Frontier AI Act (SB 53), signed September 29, 2025, requires developers of large AI models trained using greater than 10²⁶ FLOPS… more

AI Act, Artificial Intelligence, Computer Fraud and Abuse Act (CFAA), Department of Justice (DOJ), Enforcement Actions

See all updates »

Kassia Pletscher

UK Government Launches Consultation Overhauling the CMA’s Competition Regime

On 20 January 2026, the UK’s Department for Business & Trade (“DBT”) launched a consultation on a significant overhaul of the Competition Market Authority’s (“CMA”) regime, aiming to “promote effective competition, support… more

Algorithms, Competition, Competition Authorities, Consultation Papers, Jurisdictional Thresholds

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J. Michael Portillo

EDGAR Next: Transition to the SEC's New Filing System Before the September Deadline

Earlier this year, the Securities and Exchange Commission (the “SEC”) introduced a new filing system, referred to as EDGAR Next, which establishes an authentication process for EDGAR filers seeking to make filings with the SEC… more

Compliance, Corporate Governance, EDGAR, Electronic Filing, Filing Deadlines

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Ted Posner

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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

SEC Overhauls Enforcement Manual: What Investigated Entities Need to Know

On February 24, 2026, the U.S. Securities and Exchange Commission (“SEC”) announced significant updates to its Enforcement Manual (“Manual”), marking the first comprehensive overhaul of the Division of Enforcement’s… more

Compliance Monitoring, Enforcement Actions, Enforcement Guidance, Enforcement Priorities, Investigations

See all updates »

Emily Quiros

Texas Adopts New Decommissioning Law for Battery Energy Storage Systems

Texas has enacted a new statutory framework governing the decommissioning of battery energy storage systems (BESS) not owned by an electric utility. On May 29, 2025, Governor Greg Abbott signed House Bill 3809 (H.B. 3809) into… more

Energy Storage, Leases, New Legislation, Recycling, Regulatory Requirements

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Paul Ragusa

AI Legal Watch - February 2026

On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, California, Class Action

See all updates »

Aaron Ramcharan

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #1

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Air Pollution, Clean Air Act, Desalination, Environmental Litigation, Environmental Protection Agency (EPA)

See all updates »

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

IPO Claims Moving From Courtroom to Conference Room? SEC Reverses Approach to Issuer Registration Statements with Mandatory Arbitration Provisions

On September 17, 2025, the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) issued a Policy Statement (the “Policy Statement”) clarifying the Commission’s views on the use of mandatory arbitration… more

Capital Markets, Contract Terms, Disclosure Requirements, Initial Public Offering (IPO), Mandatory Arbitration Clauses

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Daniel Rankin

SCOTX 2025 Year-End Update

The Texas Supreme Court recently wrapped up the 2025 part of its 2025-26 term, and based on raw opinion numbers, the Court’s pace slightly lags its most recent prior terms… more

Appellate Courts, Appellate Jurisdiction, Dispositions, Filing Deadlines, Judges

See all updates »

Rachel Rasp

New HSR Rules Overturned by Federal Court — What Filers Need to Know

On February 12, 2026, the U.S. District Court for the Eastern District of Texas vacated the FTC’s 2024 HSR Final Rule (titled “Premerger Notification; Reporting and Waiting Period Requirements”), which went into effect on… more

Antitrust Provisions, Appeals, Corporate Counsel, Federal Trade Commission (FTC), Final Rules

See all updates »

Harrison Reback

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

See all updates »

Amy Rees

UK Prospectus Regime: What Changes for Debt Issuers on 19 January 2026?

On 19 January 2026, the new UK prospectus regime, implemented under the Public Offers and Admissions to Trading Regulations 2024 (“POATRs”) and accompanying UK Financial Conduct Authority (“FCA”) rules, will come into effect… more

Capital Markets, Capital Raising, Debt, Debt Securities, Disclosure Requirements

See all updates »

Jennifer Rees

UK Prospectus Regime: What Changes for Debt Issuers on 19 January 2026?

On 19 January 2026, the new UK prospectus regime, implemented under the Public Offers and Admissions to Trading Regulations 2024 (“POATRs”) and accompanying UK Financial Conduct Authority (“FCA”) rules, will come into effect… more

Capital Markets, Capital Raising, Debt, Debt Securities, Disclosure Requirements

See all updates »

Cailyn Reilly Knapp

Evolving Guidance on AI in EDVA Filings

With the rapid adoption of generative artificial intelligence (“AI”) tools to research, edit, and draft court filings, courts have faced a new challenge: fabricated or inaccurate citations… more

Artificial Intelligence, Best Practices, Case Management, Citations, Disclosure Requirements

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Alexander Reinert

USTR Invites Comments on U.S.-Mexico-Canada Agreement

Last Wednesday, September 17, the Office of the U.S. Trade Representative (USTR) published in the Federal Register a notice inviting comment on the United States-Mexico-Canada Agreement (USMCA), the successor to the North… more

Canada, Comment Period, International Emergency Economic Powers Act (IEEPA), International Trade, Labor Regulations

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Veronica Relea

Sunlight Under Scrutiny: Staying Eligible in USDA's New Era

The United States Department of Agriculture’s (USDA) Rural Business-Cooperative Service (RBCS) has issued a new policy directive that emphasizes portfolio stewardship and significantly alters eligibility criteria for renewable… more

Energy Policy, Energy Sector, Executive Orders, Farm Bill, Foreign Adversaries

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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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Christopher Rillo

U.S. Supreme Court Poised to Address ERISA Pleading Standards for Underperformance Claims

On January 16, 2026, the U.S. Supreme Court granted certiorari in Anderson v. Intel Corp. Investment Policy Committee, No. 25-498 (U.S.), a case regarding what ERISA plaintiffs must allege at the pleading stage when they claim… more

401k, Benefit Plan Sponsors, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA), ERISA Litigation

See all updates »

Ashwat Rishi

Intellectual Property Report - December 2025

Whether an entity is seeking to invest in a start-up or maturing company, is in the shoes of a developing company looking for further investment, or is seeking to acquire or sell a product line or other corporate assets,… more

Acquisitions, AI Act, Artificial Intelligence, Data Privacy, Data Protection

See all updates »

Mary Margaret Roark

First Court of Appeals Decision Broadly Applies Express Negligence Doctrine

Contracting parties operating in Texas are no doubt mindful of the express negligence rule: If the contracting parties intend to indemnify a party for the consequences of its own negligence, they must specifically and expressly… more

Appellate Courts, Commercial Contracts, Commercial Litigation, Comparative Negligence, Construction Contracts

See all updates »

Jennifer Robichaux Carter

Intellectual Property Report July 2025

The PTAB has returned to a more flexible and discretionary approach to denying post-grant proceedings, reintroducing the Fintiv factors and adding new considerations such as settled expectations and USPTO workload. These changes… more

AI Act, Artificial Intelligence, Budget Reconciliation, Copyright, Copyright Infringement

See all updates »

Eric L. Robinson

Pentagon Recruits Business Operators for National Defense

On February 13, 2026, United States Secretary of War Pete Hegseth announced the creation of the Business Operators for National Defense program ("BOND") through a video released to social media… more

Business Operations, Business Strategies, Contract Management, Contractors, Defense Sector

See all updates »

Connor Roddy

Intellectual Property Report June 2025

Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade… more

AI Act, Artificial Intelligence, Copyright, Copyright Infringement, Intellectual Property Litigation

See all updates »

Caterina Romagnuolo

EU Foreign Subsidies Regulation: Commission Publishes FSR Guidelines – Key Implications for M&A

On 9 January 2026, the European Commission (“Commission”) published its first set of Guidelines on the application of the Foreign Subsidies Regulation (“FSR”), which requires some M&A deals involving companies that have received… more

Acquisition Agreements, Balancing Test, Burden of Proof, Competition, Cross-Border Transactions

See all updates »

Jay Ryan

FERC Issues Order Providing Guidance for "Co-locating" Power Plants with Data Centers within PJM

Commission directs PJM to provide new types of transmission service designed to “facilitate more rapid interconnection and operation of Co-located Loads”. On December 18, 2025, the Federal Energy Regulatory Commission… more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance Monitoring, Data Centers, Electricity, Energy Policy

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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

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Kevin Sadler

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

See all updates »

Shailesh Sahay

9 Questions About the 2009 Endangerment Finding Reconsideration (Updated with New Information from EPA Announcement on July 29, 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

Clean Air Act, Climate Change, Corporate Counsel, Endangerment Finding, Environmental Protection Agency (EPA)

See all updates »

Duncan Saunders

Tecnicas v PCMC: High Court Sets Aside ICC Award for Lack of Jurisdiction

The High Court’s recent judgement in Tecnicas Reunidas Saudia for Services & Contracting Co. Ltd v Petroleum Chemicals and Mining Company Limited [2025] EWHC 1785 (Comm) provides a rare example of a successful challenge to an… more

Arbitration, Arbitration Agreements, Arbitration Award Challenges, Arbitration Awards, Commercial Arbitration

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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)

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Erin Schnappauf

After Abandoning Its Court-Forestalled Nationwide Noncompete Ban, the FTC Is Now Signaling a Case-by-Case Enforcement Strategy for Noncompetes

The FTC’s recent decision to dismiss its appeals in Ryan, LLC v. FTC and Properties of the Villages v. FTC formally ends the Biden administration’s attempt at a nationwide noncompete ban. Under former Chair Lina Khan, the FTC… more

Appeals, Employer Responsibilities, Employment Contract, Enforcement Actions, Federal Trade Commission (FTC)

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Rebecca Seidl

“Project Vault” signals a new era of federal demand support for critical minerals stockpiles

“Project Vault” is a first of its kind $12 billion strategic stockpile for critical minerals. By pairing Export-Import Bank financing with private capital, the Trump Administration is effectively underwriting demand and… more

China, Energy Policy, Environmental Social & Governance (ESG), Export Controls, Export-Import Bank of the US

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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

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Juliana Sersen

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #2

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Artificial Intelligence, Clean Water Act, Compliance Monitoring, Data Centers, Endangered Species Act (ESA)

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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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Victoria A. Sheets

Back from the Dead? Takeaways from US DOJ’s New Guidelines for FCPA Investigations and Enforcement

On June 9, 2025, the Deputy Attorney General of the United States Department of Justice issued “Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA)” (the “Memorandum”). The Memorandum… more

Anti-Corruption, Bribery, Corruption, Criminal Investigations, Criminal Prosecution

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Zacharias Shepard

Intellectual Property Report July 2025

The PTAB has returned to a more flexible and discretionary approach to denying post-grant proceedings, reintroducing the Fintiv factors and adding new considerations such as settled expectations and USPTO workload. These changes… more

AI Act, Artificial Intelligence, Budget Reconciliation, Copyright, Copyright Infringement

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Matthew Sheridan

U.S. Supreme Court Poised to Address ERISA Pleading Standards for Underperformance Claims

On January 16, 2026, the U.S. Supreme Court granted certiorari in Anderson v. Intel Corp. Investment Policy Committee, No. 25-498 (U.S.), a case regarding what ERISA plaintiffs must allege at the pleading stage when they claim… more

401k, Benefit Plan Sponsors, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA), ERISA Litigation

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Bradley Shigezawa

Intellectual Property Report October 2025

Online shopping is here to stay, and so are trademark concerns for e-commerce shopping platforms. However, platforms and service providers lack clear precedent on when they are responsible for trademark infringing activities by… more

Artificial Intelligence, Data Privacy, DMCA, General Data Protection Regulation (GDPR), Intellectual Property Protection

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Laura Shoemaker McGonagill

SCOTUS Holds ERISA Requires No Additional Pleading Requirements beyond § 1106 Elements for Prohibited-Transaction Claims, Acknowledging the “Serious Concerns” of “An Avalanche of Meritless Litigation” Against Plan Fiduciaries

On April 17, 2025, the Supreme Court of the United States clarified the pleading requirements to bring a prohibited-transaction claim under the Employee Retirement Income Security Act of 1974 (“ERISA”) in Cunningham v. Cornell… more

401k, Benefit Plan Sponsors, Employee Benefits, ERISA Litigation, Fiduciary Duty

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Michael Silliman

AI Legal Watch: September 2

Recently, the United States released America’s AI Action Plan. Shortly after, at the 2025 World AI Conference, the Chinese government released its own AI Action Plan. While there are significant overlaps between the two plans… more

Artificial Intelligence, Automated Decision Systems (ADS), China, Discrimination, Employer Liability Issues

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Costa Smith

Stargate looks to future European digital infrastructure investments

As recently reported by the Financial Times, the Stargate project is considering future investments into digital infrastructure in Europe, with consideration being given to data centre projects in each of the UK, France and… more

Artificial Intelligence, Data Centers, Energy Projects, Foreign Investment, France

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Monica Smith

2026 Dallas Board of Directors Forum: Key Takeaways

The Baker Botts Dallas Board of Directors Forum brought together subject matter experts on significant and trending topics in the Debate Chamber at Old Parkland on February 10th, 2026. The key takeaways shared with board members… more

Activist Investors, Artificial Intelligence, Board Members, Board of Directors, Business Court

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Carlos Solé, III

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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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

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Mark Speegle

Potential Impacts on Startups From the Federal Government Seeking Patent Royalties

The new suggestion from Commerce Secretary Howard Lutnick that the federal government may start seeking royalties on federal-funding patents owned by universities represents a potential major change in the landscape for startups… more

Bayh-Dole Act, Federal Funding, Innovation, Intellectual Property Protection, Investors

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Clarke Stavinoha

USPTO Announces Director Institution of AIA Trial Proceedings and Issues Notice of Proposed Rulemaking Impacting Institution of Inter Partes Review

On October 17, 2025, the United States Patent and Trademark Office (“USPTO”) issued a memorandum returning institution authority under 35 U.S.C. §§ 314 and 324 to the Director and published a notice of proposed rulemaking… more

America Invents Act, Director of the USPTO, Inter Partes Review (IPR) Proceeding, Notice of Proposed Rulemaking (NOPR), Patent Invalidity

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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

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Charles Strecker

SEC Overhauls Enforcement Manual: What Investigated Entities Need to Know

On February 24, 2026, the U.S. Securities and Exchange Commission (“SEC”) announced significant updates to its Enforcement Manual (“Manual”), marking the first comprehensive overhaul of the Division of Enforcement’s… more

Compliance Monitoring, Enforcement Actions, Enforcement Guidance, Enforcement Priorities, Investigations

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Aaron Streett

Baker Botts/ACC Houston Half-Day Seminar: AI, Employment Law & The Future of Work

Baker Botts and ACC Houston were delighted to host a half-day seminar on January 29, 2026 that featured timely discussions on AI, employment law, and what’s ahead for the workplace… more

Algorithms, Ames v Ohio Department of Youth Services, Artificial Intelligence, Corporate Counsel, Employee Benefits

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Coleman T. Strine

AI Legal Watch - February 2026

On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, California, Class Action

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Jaemin Sung

Intellectual Property Report - January 2026

As discussed in our previous article, Comcast sought mandamus relief after Judge Gilstrap of the Eastern District of Texas denied the company’s motion to dismiss or transfer for improper venue… more

Amgen, Amgen v Sanofi, Artificial Intelligence, CAFC, Canada

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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

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Andrew Swallows

SCOTX 2025 Year-End Update

The Texas Supreme Court recently wrapped up the 2025 part of its 2025-26 term, and based on raw opinion numbers, the Court’s pace slightly lags its most recent prior terms… more

Appellate Courts, Appellate Jurisdiction, Dispositions, Filing Deadlines, Judges

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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)

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John Taladay

Key Takeaways: Georgetown Law 19th Annual Global Antitrust Enforcement Symposium

Baker Botts was pleased to sponsor the 19th Annual Global Antitrust Enforcement Symposium, one of the premier gatherings in the competition law community. The September 16, 2025, program featured insights from key senior… more

Antitrust Division, Artificial Intelligence, Competition Authorities, Department of Justice (DOJ), Digital Markets Strategy

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Mark Talty

A Panel of Former EPA Attorneys: Insights on EPA Priorities & Recent Actions

During Baker Botts' 39th Annual Environmental, Safety & Incident Response Seminar on January 28, 2026, Partner Julie Cress moderated a panel covering "Insights on EPA Priorities & Recent Actions" with former EPA attorneys and… more

Administrative Procedure Act, Corporate Counsel, Department of Justice (DOJ), Deregulation, Enforcement Actions

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Nathan Thibon

Texas Corporations Gain New Governance Tools and Increased Predictability in Shareholder Disputes

Last week, Texas Governor Greg Abbott signed into law Texas Senate Bill 29, which includes a comprehensive package of amendments to the Texas Business Organizations Code aimed at reinforcing and revitalizing the governance laws… more

Board of Directors, Business Judgment Rule, Business Litigation, Corporate Governance, Derivative Suit

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Chris Thiele

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #2

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Artificial Intelligence, Clean Water Act, Compliance Monitoring, Data Centers, Endangered Species Act (ESA)

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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

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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

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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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Michael Torosian

Demystifying the Fundraising Process—From First Meeting to Closing the Deal

For founders, the fundraising process can feel like a black box that is more art than science and full of jargon, shifting timelines, and high stakes. Yet, understanding the typical steps and expectations can make the difference… more

Board of Directors, Business Entities, Business Strategies, Capital Raising, Convertible Notes

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Neil Torpey

AI Legal Watch: October 2025

On September 29, 2025, California Governor Gavin Newsom signed into law Senate Bill 53 (“SB 53”), which includes the Transparency in Frontier Artificial Intelligence Act (“TFAIA”). This new law makes California the first state… more

Artificial Intelligence, California, Disclosure Requirements, Executive Orders, Exports

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Matthew Trawick

A Panel of Former EPA Attorneys: Insights on EPA Priorities & Recent Actions

During Baker Botts' 39th Annual Environmental, Safety & Incident Response Seminar on January 28, 2026, Partner Julie Cress moderated a panel covering "Insights on EPA Priorities & Recent Actions" with former EPA attorneys and… more

Administrative Procedure Act, Corporate Counsel, Department of Justice (DOJ), Deregulation, Enforcement Actions

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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

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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

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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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Margot Vogels

European Commission Approves Liberty Media’s Acquisition of MotoGP

On 23 June, the European Commission (“Commission”), following a Phase II investigation, unconditionally approved the acquisition by Liberty Media Corporation (“Liberty Media”) of Dorna Sports, S.L. (“Dorna”) (Case M.11539,… more

Acquisitions, Anti-Competitive, Broadcasting, Competition, EU

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Avery Walke

FERC Issues Order Providing Guidance for "Co-locating" Power Plants with Data Centers within PJM

Commission directs PJM to provide new types of transmission service designed to “facilitate more rapid interconnection and operation of Co-located Loads”. On December 18, 2025, the Federal Energy Regulatory Commission… more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance Monitoring, Data Centers, Electricity, Energy Policy

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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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Graeme Waples

D.C. Circuit Stays Section 1782 Discovery, Reinforcing Strong Protections for Attorney–Client Privilege

On January 28, 2026, in Kuwait Ports Authority v. Crowell & Moring, 2026 WL 248824 (D.C. Cir. Jan. 28, 2026), the U.S. Court of Appeals for the D.C. Circuit granted an emergency stay of discovery orders which had compelled a law… more

28 U.S.C. § 1782, Appellate Courts, Attorney-Client Privilege, Cross-Border Transactions, Discovery

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Allison Watkins Mallick

New Year, New Deadlines: Does your HVAC and other refrigerant-containing equipment comply with EPA’s new January requirements?

On January 1, 2026, owners, operators, installers, servicers, recyclers, reclaimers, and disposers of appliances containing hydrofluorocarbons (“HFCs”) became subject to new requirements under two programs implementing the… more

Air Pollution, Chemicals, Clean Air Act, Compliance Dates, Deadlines

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Margaret Welsh

AI Legal Watch - February 2026

On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, California, Class Action

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Matthew West

Trump Tariff Tracker – New Tariff Update -February 23, 2026

In response to the Supreme Court invalidating the use of IEEPA to impose tariffs, President Trump issued an Executive Order on February 20, ending the IEEPA based tariffs imposed by Executive Orders… more

Ad Velorem Tariffs, Customs and Border Protection, Executive Orders, International Emergency Economic Powers Act (IEEPA), Popular

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Quentin Wiest

ISS Releases Policy Updates for 2026 Annual Shareholder Meetings

ISS has released its benchmark policy changes for 2026. The changes largely adopt ISS’s previously proposed policy changes. The new policies will generally apply to shareholder meetings held on or after February 1, 2026… more

Board of Directors, Corporate Governance, Dual Class Share Structures, Equity Plan Scorecard (EPSC), Executive Compensation

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Jason Wilcox

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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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

USPTO Announces Director Institution of AIA Trial Proceedings and Issues Notice of Proposed Rulemaking Impacting Institution of Inter Partes Review

On October 17, 2025, the United States Patent and Trademark Office (“USPTO”) issued a memorandum returning institution authority under 35 U.S.C. §§ 314 and 324 to the Director and published a notice of proposed rulemaking… more

America Invents Act, Director of the USPTO, Inter Partes Review (IPR) Proceeding, Notice of Proposed Rulemaking (NOPR), Patent Invalidity

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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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Paulina Williams

Baker Botts’ 39th Annual Environmental Seminar

On January 28, 2026, Baker Botts hosted a full day of discussions featuring senior regulators, former agency leaders, and policy insiders, a clear theme emerged: environmental and energy regulation is being reshaped at an… more

CEQ, Clean Water Act, Department of Justice (DOJ), Energy Policy, Energy Projects

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Christopher Wilson

Global Antitrust Hot Topics: EU, U.S. & Global Perspectives

The removal of FTC Commissioners Slaughter and Bedoya signaled presidential power over independent agencies, with Supreme Court backing. This precedent may extend to other independent bodies, raising concerns about broader… more

Antitrust Division, Antitrust Investigations, Biden Administration, Constitutional Challenges, Department of Justice (DOJ)

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Katie Windle

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #2

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Artificial Intelligence, Clean Water Act, Compliance Monitoring, Data Centers, Endangered Species Act (ESA)

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Spencer Withers

Energy 2025 - Year in Review

Geopolitical fractures and trade uncertainty persisted in 2025, yet cross‑border energy trade proved more essential than ever to global stability and growth… more

Clean Energy, Cross-Border Transactions, Energy Policy, Energy Projects, Energy Storage

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Travis Wofford

ISS Releases Policy Updates for 2026 Annual Shareholder Meetings

ISS has released its benchmark policy changes for 2026. The changes largely adopt ISS’s previously proposed policy changes. The new policies will generally apply to shareholder meetings held on or after February 1, 2026… more

Board of Directors, Corporate Governance, Dual Class Share Structures, Equity Plan Scorecard (EPSC), Executive Compensation

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Jeffrey Wood

Baker Botts’ 39th Annual Environmental Seminar

On January 28, 2026, Baker Botts hosted a full day of discussions featuring senior regulators, former agency leaders, and policy insiders, a clear theme emerged: environmental and energy regulation is being reshaped at an… more

CEQ, Clean Water Act, Department of Justice (DOJ), Energy Policy, Energy Projects

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Indya Woodfolk

Baker Botts’ 39th Annual Environmental Seminar – Key Takeaways from Breakout Session #2

Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends… more

Artificial Intelligence, Clean Water Act, Compliance Monitoring, Data Centers, Endangered Species Act (ESA)

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Geoff Wu

EU Foreign Subsidies Regulation: Commission Publishes FSR Guidelines – Key Implications for M&A

On 9 January 2026, the European Commission (“Commission”) published its first set of Guidelines on the application of the Foreign Subsidies Regulation (“FSR”), which requires some M&A deals involving companies that have received… more

Acquisition Agreements, Balancing Test, Burden of Proof, Competition, Cross-Border Transactions

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Jamie Yarbrough

IPO Claims Moving From Courtroom to Conference Room? SEC Reverses Approach to Issuer Registration Statements with Mandatory Arbitration Provisions

On September 17, 2025, the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) issued a Policy Statement (the “Policy Statement”) clarifying the Commission’s views on the use of mandatory arbitration… more

Capital Markets, Contract Terms, Disclosure Requirements, Initial Public Offering (IPO), Mandatory Arbitration Clauses

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Gamliel Yerushalmi

First Court of Appeals Decision Broadly Applies Express Negligence Doctrine

Contracting parties operating in Texas are no doubt mindful of the express negligence rule: If the contracting parties intend to indemnify a party for the consequences of its own negligence, they must specifically and expressly… more

Appellate Courts, Commercial Contracts, Commercial Litigation, Comparative Negligence, Construction Contracts

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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

The E&P Playbook for Unlocking Venezuela: Navigating the New OFAC Sanctions Landscape

Through a series of recently issued general licenses, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has relaxed its Venezuela Sanctions Regulations (VSR) to create a critical pathway for… more

Compliance Management Systems, Contract Negotiations, Contract Terms, Due Diligence, Economic Sanctions

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Treyton Zanutto

ISS Releases Policy Updates for 2026 Annual Shareholder Meetings

ISS has released its benchmark policy changes for 2026. The changes largely adopt ISS’s previously proposed policy changes. The new policies will generally apply to shareholder meetings held on or after February 1, 2026… more

Board of Directors, Corporate Governance, Dual Class Share Structures, Equity Plan Scorecard (EPSC), Executive Compensation

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Sarah Zhang

GTCR/Surmodics Win on Divestiture, Share Analysis and Captive Capacity

The government lost the first merger challenge brought by the FTC under the second Trump administration. On November 10, 2025, Judge Jeffrey Cummings of the Northern District of Illinois denied a request for a preliminary… more

Acquisition Agreements, Competition, Divestiture, Evidence, Federal Trade Commission (FTC)

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