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  • Article

    District Court Ventures Into Non-Practicing Entity's Third-Party Litigation Funding

    On November 16, 2022, non-practicing entity, Nimitz Technologies LLC, filed a petition for a writ of mandamus to the U.S. Court of Appeals for the Federal Circuit from the District of Delaware.
    United StatesIntellectual Property
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    U.S. Trade Agreements With Cambodia And Malaysia Break New Ground

    In the 48 hours since, the agreements have attracted substantial commentary, and they likely will continue to do so.
    United StatesInternational Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    CJEU Clarifies Requirements and Definition of Pseudonymisation

    On September 4, 2025, the Court of Justice of the European Union ("CJEU"), delivered its judgment in European Data Protection Supervisor ("EDPS") v. Single Resolution Board ("SRB") (C-413/23 P).
    United StatesPrivacy
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Inflation Reduction Act Guidance: IRS And Treasury Release Final Regulations On The New Tech-Neutral Clean Energy Tax Credits

    On January 15, 2025, the Internal Revenue Service (the "IRS") and the Department of the Treasury ("Treasury") published final regulations regarding...
    United StatesEnergy and Natural Resources
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    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...
    United StatesLitigation, Mediation & Arbitration
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    The 21st Century ROAD To Housing Act: Congress Passes Final Bill

    The 21st Century ROAD to Housing Act has undergone significant revisions between Senate and House versions before reaching President Trump's desk, with major implications for institutional real estate investors. The Final Bill eliminates the controversial 7-year forced disposal requirement for build-to-rent communities and removes renter first-look and right-of-first-refusal provisions, while maintaining core restrictions on large institutional investors purchasing existing single-family homes. As the legis
    United StatesReal Estate and Construction
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

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

    On 9 January 2026, the European Commission published its first set of Guidelines on the application of the Foreign Subsidies Regulation, which requires some M&A deals involving companies that have received support from non-EU governments ...
    European UnionAntitrust/Competition Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    The EU Antitrust Investigation Into SAP May Bring Greater Flexibility And Significant Cost Reductions For ERP Software Users

    The European Commission's investigation into SAP's practices in the aftermarket for maintenance and support services related to its on-premises Enterprise Resource Planning ("ERP")...
    European UnionCorporate/Commercial Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Trade Policy Plan B: Goodbye, IEEPA Tariffs. Hello, Section 301 Investigations

    On March 11 and 12, 2026, the Office of the U.S. Trade Representative (USTR) launched two new investigations under Section 301 of the Trade Act of 1974 into certain acts, policies...
    GlobalInternational Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    FERC Withdraws Controversial "Duty Of Candor" Proposal

    Chairman Swett maintains agenda of simplifying regulations, while contending that FERC's existing communications rule is more than adequate to regulate communications.
    United StatesEnergy and Natural Resources
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    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 for certain federal programs has taken center stage...
    United StatesEnvironment
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    EPA’s New SSM Memo: What Industrial Operators Should Do Now

    EPA's September 2026 memorandum establishes a new framework for evaluating state implementation plan provisions related to startup, shutdown, and malfunction events following two pivotal D.C. Circuit decisions. The guidance introduces a rebuttable presumption of continuity for emission limitations while clarifying how alternative emission limitations and affirmative defenses may provide operational flexibility under the Clean Air Act.
    United StatesEnvironment
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Market Trends In Green And Sustainability-Linked Financings

    In recent years, the size of the sustainable debt market has increased dramatically, in parallel with rising investor demand for
    United StatesEnvironment
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Commissioner Proposes Increasing CFTC Enforcement Resources To Combat Greenwashing And Other Forms Of Environmental Market Fraud

    On February 10, 2023, Commodity Futures Trading Commission Commissioner Christy Goldsmith Romero delivered the keynote address at the FIA & SIFMA Asset Management Derivatives Forum...
    United StatesFinance and Banking
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Favorable Public Policies Drive Uptick In Patent Applications For Hydrogen Innovations

    Hydrogen has emerged as a leader in the world's energy transition towards cleaner fuels.
    United StatesIntellectual Property
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Federal Circuit Refines Section 101 Eligibility Of Machine Learning Inventions

    On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive PLAnalytics, Inc. v. Fox Corp.
    United StatesIntellectual Property
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Intellectual Property Report

    Courts are grappling with a fundamental question as AI capabilities advance: can artificial intelligence be recognized as a creator of intellectual property rights, or must it remain classified as a tool wielded by human actors? Recent judicial decisions across multiple IP regimes reveal a consistent refusal to extend legal personhood or creative agency to AI systems, while new regulatory frameworks in California...
    United StatesIntellectual Property
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    President Trump Signs Graham Sanctions Act, Expanding Russia Sanctions And Tariff Authorities

    President Trump has signed into law the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, dramatically expanding U.S. sanctions on Russia's financial and energy sectors while establishing unprecedented tariff authorities on Russian goods and imports from countries purchasing Russian energy.
    United StatesInternational Law
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Big Changes For Small Users: FTC Finalizes COPPA Rule Update

    On April 21, 2025, the Federal Trade Commission (FTC) finalized a significant and long-awaited update to the Children's Online Privacy Protection Act (COPPA) Rule...
    United StatesPrivacy
    Baker Botts L.L.P.
    Baker Botts L.L.P.
  • Article

    Fossil Fuels Tax Increase Proposals Detailed In Treasury's "Greenbook"

    On May 28, 2021, the U.S. Department of the Treasury released its General Explanations of the Administration's Fiscal Year 2022 Revenue Proposals
    United StatesTax
    Baker Botts L.L.P.
    Baker Botts L.L.P.
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