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  • Article

    Intellectual Property Report

    Patentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications or superficial changes...
    United StatesIntellectual Property
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Patent Protection vs. Trade Secrets: A Strategic Framework For High-Tech Startups

    When 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 Property
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Supreme 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 Music

    On 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 Property
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Beyond The Fine: What Financial Gatekeepers Must Learn From Interactive Brokers' OFAC Settlement

    The 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 Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    U.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 Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    U.S. Launches Call For Proposals For American AI Exports Program

    The 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 Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    A Landmark Lawsuit In Data Privacy: Texas v. Allstate

    In a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act (TDPSA) and other consumer protection laws.
    United StatesPrivacy
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    California Extends Privacy Law To Cover Neural Data

    On 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 StatesPrivacy
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    The California Billionaire Tax Act: Structural Weaknesses That Could Undermine Revenue Collection

    While 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 StatesTax
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Congress Circulates A Federal Breach Notification Bill

    A 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 StatesTechnology
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Continued Commitment To Expansion In The UK Data Centre Market

    The 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 StatesTechnology
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Ninth Circuit Upholds Conviction Of Former Uber Security Chief Joseph Sullivan In Connection With 2016 Uber Data Security Breach

    On 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 StatesTechnology
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    OMB Issues New Guidance On Acquisition Of AI In The Federal Government

    The 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 StatesTechnology
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Sustainable Density In The Age Of AI

    The relentless demand of artificial intelligence is fundamentally restructuring the energy industry.
    United StatesTechnology
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    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.
    United StatesAntitrust/Competition Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    SEC Reopens Comment Periods For Several Proposed Rules, Including Climate-Related Disclosures For Investors

    On 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 Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    CEQ Proposes Extensive Re-write Of NEPA Regulations: Biden Administration Seeks To Rollback Trump-Era Changes, Spotlight Climate And EJ Concerns, And Achieve Clean Energy Targets

    The 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 StatesEnvironment
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Fast And Furious PFAS Changes Signal Intensifying Regulatory Ride For Companies

    Two 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 StatesEnvironment
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    New U.S. Export Controls On Large UUVs To Impact Natural Resource And Subsea Infrastructure Operations

    On 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 Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Supreme Court To Take On Definition Of "Consumer" Under VPPA

    On 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 StatesPrivacy
    Baker Botts L.L.P.
    Baker Botts L.L.P.

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