Baker Botts

The U.S. liquefied natural gas industry faces mounting challenges as legal clashes with activists and contractors combine with a federal permitting freeze to slow the expansion of the world’s biggest exporter. “It’s not good for these projects to be in limbo for a long time,” Baker Botts partner Jason Bennett told the Financial Times. “Buyers are always going to purchase #LNG and are looking to buy in a particular time period.”

On July 26, the National Institute of Standards and Technology released four guidance documents related to artificial intelligence (AI) development and implementation. These documents were issued pursuant to instructions under AI Executive Order 14110, which directed several U.S. government agencies to promulgate guidance and regulations with respect to safe, secure, and trustworthy #AI. Associate Joseph Cahill shares his thoughts:

Alaska Air Group Inc. and Hawaiian Airlines disclosed a third extension in as many weeks Thursday for the U.S. Department of Justice to review their proposed $1.9 billion merger before it can close, moves that suggest at least that the DOJ has raised serious concerns about the transaction. "It certainly means that it's a close call," Jeffrey Oliver, a Baker Botts partner and former Federal Trade Commission staff attorney, said of the multiple extensions. "It wouldn't be at this phase if it wasn't." That does not, however, definitively mean a last-minute scramble to avoid a challenge, according to Oliver, who said the extensions could simply be a matter of scheduling and availability for DOJ Antitrust Division leadership to make a decision. The front office, he said, is "clearly thinking hard about something."

The recent indictment of Maksim Silnikau, a Belarusian and Ukrainian national, is a clear reminder that cybercriminals are becoming more sophisticated and bolder. Silnikau is accused of leading a "Ransom Cartel," spreading ransomware through fake ad campaigns, and recruiting other cybercriminals from Russian-speaking forums. This case underscores the global nature of cybercrime and the critical need for international cooperation to tackle these threats. Associate Justin Bryant shares his thoughts:

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. Perhaps lost in the shuffle of this historic decision, on the same day DOJ filed a civil complaint in New York against Legends Hospitality Parent Holdings that may signal increased agency scrutiny of pre-closing activity by parties to mergers and acquisitions. The complaint, filed alongside a proposed settlement that includes a $3.5 million civil penalty, injunctive relief governing future conduct unrelated to the proposed transaction and the appointment of an Antitrust Compliance Monitor, alleges that Legends Hospitality failed to wait for the expiration of the waiting period imposed by the Hart-Scott-Rodino Act before coordinating its business interests with those of its acquisition target, ASM Global, Inc. Partner Paul Cuomo and associate Frances Jennings share their thoughts:

Baker Botts special counsel Cynthia Uduebor Washington will be speaking during Strafford's webinar on August 20, 2024 on "Defending Against Frivolous Employment Claims: Assessing the Claim for Merit, Motion Practice, Sanctions and Remedies." The panel will address how to assess whether a claim is frivolous or made in bad faith and address possible employer defense strategies including motion practice, counterclaims, and seeking sanctions under federal and state law. Learn more: https://okt.to/Kjenmg

The Federal Trade Commission failed to convince a North Carolina federal judge to press pause on Novant Health's planned $320 million buyout of two regional hospitals, with the judge instead reasoning that competition would actually fare better if the merger advanced. The fact that the case was won not on market definition, but on the "competitive insignificance" of the hospitals at issue makes the ruling somewhat novel, said Jody Boudreault, chair of the antitrust life sciences and healthcare division at Baker Botts. She said Judge Bell went beyond traditional measurements of market concentration to also consider "commercial realities," noting that parties may have a path to closing if they prove "that a company is likely to continue to be or to become competitively insignificant without the merger." "This case demonstrates a path forward for merging parties in a highly concentrated market, even beyond the healthcare industry," Boudreault told Law360.

Congratulations to partners Neil Coulson and Christopher Palermo who were named to IAM Strategy 300: The World’s Leading IP Strategists 2024! IAM annually embarks on an extensive research project to identify the individuals who are leading the way in the development and implementation of strategies that maximize the value of #IP portfolios. Learn more: https://okt.to/V5WaNp

We are proud to announce that Baker Botts has earned a total of 204 individual Best Lawyer rankings in the 31st edition of The Best Lawyers in America! Three lawyers were also named “Lawyers of the Year,” and the firm enjoyed a 132% increase in “Ones to Watch” recognitions. Learn more: https://okt.to/TaoHn5

Baker Botts is proud to be sponsoring the COST Southwest/West Regional State Tax Seminar on September 5, 2024 in Houston, Texas! Partner Matt Larsen, special counsel Derek Young and associate Fuyan Jin will be speaking during a panel titled “Discussion of State Tax Cases, Issues & Policy Matters to Watch.” Additionally, partner Renn Neilson and special counsel Ben Geslison will be presenting on “Administrative Developments in Texas Oil, Gas and Manufacturing." The seminar will present an update on significant state tax issues for the Southwest/West States: Colorado, Kansas, Louisiana, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas and Wyoming. Learn more: https://okt.to/1wHeda