We are ready to help our clients navigate the potential legal and regulatory changes that could arise under a Biden administration, as affected by the final outcome of the U.S. Senate races. We will continue to provide updates as developments evolve and encourage you to reach out to us.

How Baker Botts can support you:

Regulatory

• Providing guidance as merger control enforcement shifts focus towards more aggressive, non-traditional theories. At the very least, there will be uncertainty in clearance timing and substantive review of transactions.
• Counseling in preparation for increased regulatory enforcement – e.g., financial crimes, environmental crimes, health care fraud, international corruption and heightened focus and scrutiny of environmental, social and governance (ESG) disclosures.
• Counseling on Executive compensation issues given Biden’s campaign proposal to increase tax rates on high income earners. Further, we can strategize on state and local tax issues in light of the election and COVID-19, including nexus, apportionment, and withholding issues due to employees working from home in various states.

Energy

• Formulating and executing upon strategies for challenging new regulations or executive actions focused on delaying or limiting permitting, leasing and drilling on federal lands and waters.
• Counseling on opportunities for low and no-carbon energy production projects arising from increasing tax incentives for renewable energy projects such as wind and solar, as well as for the development of carbon capture technology and low-carbon hydrogen.
• Preparing for and responding to any uptick in investigations pursued by the Office of Enforcement regarding tariff compliance, anticompetitive behavior, and market manipulation.
• Utilizing our international footprint to support opportunities arising from any easing of the trade tensions with China, U.S. LNG exports and other U.S. energy exports.
• Counseling in preparation for an increased focus on reducing greenhouse gas emissions from energy and industrial sectors through regulation and other actions, as climate and greenhouse gas emissions analysis is likely to be incorporated into permitting and licensing decisions.
• Advising on a potential increase in citizen enforcement as environmental groups redirect resources from fighting regulatory rollbacks to filing more citizen suits under the Clean Air Act, Clean Water Act, and other statutes.
• Representing U.S. or foreign investors regarding foreign investments by countries with national security concerns (e.g. China, Russia) into critical infrastructure involving energy assets, including transportation systems.

Technology

• Counseling on the impact of replacing current U.S. Patent and Trademark Office Director, Andrei Iancu, with someone who may be less pro-patent and more accommodating to patent challenges before the Patent Trial and Appeal Board, particularly as it relates to discretionary denials and patent eligibility.
• Counseling in preparation for a potential impact on DOJ/FTC enforcement actions regarding patent-antitrust issues, e.g., standard essential patent issues and reverse payment settlements in ANDA litigation.
• Advising on the revisit of President Trump’s trade and IP relationship and dealings with other countries including China – and potential for a more consistent approach to worldwide exchange of intellectual property enforcement.

For a broader list of considerations across practice areas under a Biden administration, please click here.

ABOUT BAKER BOTTS L.L.P.
Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit bakerbotts.com.