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

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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Julie Albert

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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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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Carina Antweil

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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David Applebaum

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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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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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

U.S. States Unite to Strengthen Privacy Enforcement

On April 16, 2025, a coalition of state attorneys general and privacy regulators from California, Colorado, Connecticut, Delaware, Indiana, New Jersey, Oregon, and the California Privacy Protection Agency (CPPA) announced the… more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Privacy, Enforcement Actions

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Ciara Barbu-O'Connor

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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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

Pruning NEPA’s Branches: The Supreme Court Reshapes Environmental Reviews for Major Actions

Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large projects. A… more

Energy Projects, Environmental Litigation, Government Agencies, Infrastructure, Judicial Deference

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Jason Bennett

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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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

FTC Revises Merger Filing Fees and Jurisdictional Thresholds for HSR Act and Corporate Interlocks

On January 10, 2025, the Federal Trade Commission announced revised jurisdictional thresholds and a revised filing fee schedule under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). Also on January 10, the… more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Filing Requirements, Hart-Scott-Rodino Act

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Eileen Boyce

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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Michael Bresson

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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Samia Broadaway

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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Justin Bryant

Amazon and Starbucks Escape Biometric Privacy Class Action in Federal Court

Amazon and Starbucks notched a decisive win in the fast-evolving world of biometric privacy litigation, securing the full dismissal of a proposed class action in the U.S. District Court for the Western District of Washington… more

Amazon, Biometric Information, Biometric Information Privacy Act, Class Action, Consent

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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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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

AI Legal Watch: July 31

As reported, on July 23, 2025, the White House released "Winning the AI Race: America's AI Action Plan," a strategy designed to secure U.S. leadership in artificial intelligence. This plan, which includes over 90 federal policy… more

AI Act, Artificial Intelligence, California, EU, Export Controls

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David Cardwell

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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Beau Carter

Corporate Transparency Act Reporting Obligations Back In Effect With Extension

Reporting obligations related to the Corporate Transparency Act (“the CTA”) are set to return. As we previously reported, on December 3, 2024, a federal judge in Texas (Texas Top Cop Shop, Inc. v. Bessent) issued a nationwide… more

Anti-Money Laundering, Beneficial Owner, Corporate Governance, Corporate Transparency Act, Enforcement

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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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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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Matthew Chuning