ArticleIntellectual Property ReportPatentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications or superficial changes...United StatesIntellectual PropertyBaker Botts L.L.P.
ArticlePatent Protection vs. Trade Secrets: A Strategic Framework For High-Tech StartupsWhen developing breakthrough technology, startups face a critical decision: pursue patent protection or maintain trade secrets. The choice depends on your technology's detectability and vulnerability to reverse engineering.United StatesIntellectual PropertyBaker Botts L.L.P.
ArticleSupreme Court Reverses Fourth Circuit In $1 Billion Copyright Case: What ISPs And Digital Service Providers Need To Know About Secondary Liability After Cox v. Sony MusicOn March 25, 2026, the Supreme Court of the United States reversed the Fourth Circuit’s judgment upholding contributory copyright liability in Cox Communications, Inc. v. Sony Music Entertainment, 607 U.S. ____ (2026), and remanded the case, in which a jury had awarded $1 billion in statutory damages. United StatesIntellectual PropertyBaker Botts L.L.P.
ArticleBeyond The Fine: What Financial Gatekeepers Must Learn From Interactive Brokers' OFAC SettlementThe U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) has significantly increased its focus on sanctions compliance for "financial gatekeepers," including financial institutions and other firms managing access to the U.S. financial system.United StatesInternational LawBaker Botts L.L.P.
ArticleU.S. Launches "American AI Exports Program"On October 21, the U.S. Department of Commerce, through its International Trade Administration (ITA), formally announced the launch of the "American AI Exports Program."United StatesInternational LawBaker Botts L.L.P.
ArticleU.S. Launches Call For Proposals For American AI Exports ProgramThe U.S. Department of Commerce has announced the implementation of the American AI Exports Program, initiating a Call for Proposals from U.S. industry-led consortia to export full-stack AI technology packages.United StatesInternational LawBaker Botts L.L.P.
ArticleA Landmark Lawsuit In Data Privacy: Texas v. AllstateIn a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act (TDPSA) and other consumer protection laws.United StatesPrivacyBaker Botts L.L.P.
ArticleCalifornia Extends Privacy Law To Cover Neural DataOn September 29, 2024, California took a significant step forward in data privacy protection by passing a law that extends the California Consumer Privacy Act (CCPA) to cover neural data—brain activity and related information collected by neurotechnology.United StatesPrivacyBaker Botts L.L.P.
ArticleThe California Billionaire Tax Act: Structural Weaknesses That Could Undermine Revenue CollectionWhile supporters of the 2026 Billionaire Tax Act (the “BTA”) project approximately $20 billion annually over five years, those projections depend on legal, valuation, and enforcement assumptions...United StatesTaxBaker Botts L.L.P.
ArticleCongress Circulates A Federal Breach Notification BillA draft of a federal breach notification bill is currently circulating in Congress. Although not formally introduced to the Senate, the draft legislation requires federal agencies...United StatesTechnologyBaker Botts L.L.P.
ArticleContinued Commitment To Expansion In The UK Data Centre MarketThe UK data center market is experiencing significant growth, driven by AI demand and international investments exceeding £25bn in 2024. Key trends include hyperscale and edge infrastructure development, planning reforms, and addressing power consumption challenges.United StatesTechnologyBaker Botts L.L.P.
ArticleNinth Circuit Upholds Conviction Of Former Uber Security Chief Joseph Sullivan In Connection With 2016 Uber Data Security BreachOn March 13, 2025, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld the conviction of former Uber Chief Security Officer Joseph Sullivan.United StatesTechnologyBaker Botts L.L.P.
ArticleOMB Issues New Guidance On Acquisition Of AI In The Federal GovernmentThe Office of Management and Budget (OMB) has released Memorandum M-24-18, introducing new requirements and guidance for federal agencies on the responsible acquisition of artificial intelligence (AI). United StatesTechnologyBaker Botts L.L.P.
ArticleSustainable Density In The Age Of AIThe relentless demand of artificial intelligence is fundamentally restructuring the energy industry.United StatesTechnologyBaker Botts L.L.P.
ArticleDOJ Obtains $3.5 Million Civil Penalty And Appoints Antitrust Compliance Officer To Resolve Gun-Jumping ConcernsOn 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. United StatesAntitrust/Competition LawBaker Botts L.L.P.
ArticleSEC Reopens Comment Periods For Several Proposed Rules, Including Climate-Related Disclosures For InvestorsOn Friday, October 7, the Securities and Exchange Commission (SEC) reopened the public comment period for eleven proposed rules whose comment periods closed after March 21, 2022.United StatesCorporate/Commercial LawBaker Botts L.L.P.
ArticleCEQ Proposes Extensive Re-write Of NEPA Regulations: Biden Administration Seeks To Rollback Trump-Era Changes, Spotlight Climate And EJ Concerns, And Achieve Clean Energy TargetsThe National Environmental Policy Act (NEPA) requires federal agencies to assess the environmental impacts of major federal actions. In 2022, the Council on Environmental Quality (CEQ)...United StatesEnvironmentBaker Botts L.L.P.
ArticleFast And Furious PFAS Changes Signal Intensifying Regulatory Ride For CompaniesTwo new U.S. Environmental Protection Agency ("EPA") regulatory actions concerning per- and polyfluoroalkyl substances ("PFAS") will directly impact companies manufacturing or importing PFAS or PFAS-containing articles.United StatesEnvironmentBaker Botts L.L.P.
ArticleNew U.S. Export Controls On Large UUVs To Impact Natural Resource And Subsea Infrastructure OperationsOn August 27, 2025, the U.S. Department of State amended the International Traffic in Arms Regulations (ITAR) to classify certain large, autonomous Unmanned Underwater Vehicles (UUVs) as defense articles.United StatesInternational LawBaker Botts L.L.P.
ArticleSupreme Court To Take On Definition Of "Consumer" Under VPPAOn January 26, 2026, the Supreme Court granted the petition in Salazar v. Paramount Global (Case No. 25-459) to address "[w]hether the phrase 'goods or services from a video tape service...United StatesPrivacyBaker Botts L.L.P.