KNOWING MATTERS

AWARDS & RANKINGS

BRUSSELS, May 24, 2017– Baker Botts L.L.P., an international law firm, is pleased to announce nine of the firm’s Antitrust and Competition lawyers are among the best in the Brussels and Washington, D.C. markets in Who’s Who Legal: Competition 2017, a survey of the world’s leading competition practitioners and determined through Global Competition Review’s independent research with clients and peers. 

WWL: Competition 2017 highlights Baker Botts’ Antitrust co-chairs John Taladay and Catriona Hatton as Leading Individuals in its annual overview of the international competition legal market. Ms. Hatton is cited in the survey as a “truly excellent” lawyer and “a standout practitioner at the firm,” noting she was part of the team representing Halliburton in its aborted US $28 billion merger with Baker Hughes. Mr. Taladay is analyzed as “a top legal mind but is still relatable”, say sources, while others are quick to comment on his “excellent antitrust instincts, particularly before the US agencies.” 

Most notably this year, Baker Botts Partners David Cardwell and Erik Koons are listed in the Future Leaders category, a first-ever feature of Who’s Who that encompasses the world’s leading competition experts 45 or under who are considered to be the future leaders of the international legal community. Mr. Cardwell is recommended for his “fantastic understanding of legal concepts” and his “ability to take on very complex issues”. 

Baker Botts lawyers listed in Who’s Who Legal: Competition 2017, include: 

Brussels, Belgium 
David Cardwell 
Catriona Hatton 
Paul Lugard 
Georg Berrisch 

Washington, D.C. 
Sean Boland 
Paul Cuomo 
Erik Koons 
James Rill 
John Taladay 

Who’s Who Legal lists exceptional attorneys and firms throughout an array of jurisdictions each year through its awards listings. Nominees are based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. 

Next Story / IP UPDATE

Supreme Court Narrows Definition of Residence for Patent Venue

Today, the Supreme Court issued its much anticipated opinion in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, 581 U.S. ___ (2017). In an 8-0 decision authored by Justice Thomas, the Court reversed the Federal Circuit’s denial of a petition for a writ of mandamus on a transfer motion from the District of Delaware and held that the definition of a domestic corporation’s “reside[nce]” for the purposes of patent venue under 28 U.S.C. §1400(b) refers only to the state of incorporation. Prior to today’s decision, courts had been applying a broader definition of “residence” for patent venue purposes which encompassed any judicial district in which a defendant is subject to the court’s personal jurisdiction.

The patent venue statute, 28 U.S.C. §1400(b), provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” However, the general venue statute, 28 U.S.C. §1391, currently provides that “[f]or all venue purposes,” a corporation “shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction.” The Court rejected the Federal Circuit’s interpretation of §1400(b) that incorporates the broader definition of corporate “residence” contained in §1391(c). Slip Op. at 1.

The Court relied heavily on Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222, 229 (1957) where the Court held that §1400(b) “is the sole and exclusive provision controlling venue in patent infringement actions, and … is not to be supplanted by … §1391(c).” In reaffirming Fourco’s holding, the Court overruled the Federal Circuit’s 1990 decision in VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574, 1578 (Fed. Cir. 1990), which held that 1988 amendments to § 1391(c) rendered the broader venue provision applicable to patent cases.

The Court, in finding that neither the 1988 amendment nor a subsequent 2011 amendment to § 1391(c) affected the exclusivity of § 1400(b) for determining venue in patent cases, held that Congress “ordinarily provides a relatively clear indication of its intent” in the text of the amended provision when Congress intends to alter the meaning of a provision. Slip Op. at 8. The Court found that the current version of §1391 “does not contain any indication that Congress intended to alter the meaning of §1400(b) as interpreted by Fourco.” Id. Accordingly, the Court reversed and remanded for further proceedings consistent with its opinion. Id. at 10.

*Stephanie Kato, a Baker Botts law clerk, assisted in the preparation of this article.

Next Story / AWARDS & RANKINGS

Baker Botts Wins 2017 Chambers USA Award for Excellence for Energy/Projects: Oil & Gas

HOUSTON, May 26, 2017 - Baker Botts L.L.P., a leading international law firm, announced today that the firm won the prestigious 2017 Chambers USA Award for Excellence for Energy/Projects: Oil & Gas at Chambers’ annual awards ceremony in New York City. Firm Partners Stuart Solsky and Michael Didriksen received the award on behalf of the firm. 

“Recognition like this from our clients and peers highlights the depth and breadth of our global energy practice and our focus on providing first class client service,” said Steven Miles, a Washington DC based Partner and Chair of the Firm’s Energy Sector Committee. 

“For more than a century, our Energy and Natural Resources Practice has represented a wide variety of clients in the energy industry, from nearly all of the major domestic and international oil and gas operators, service companies and pipelines to numerous regional and independent producers, processors, transporters, distributors and marketers,” added Mr. Miles. 

The other firms nominated for the recognition this year were Bracewell LLP, Caldwell Boudreaux Lefler, Kirkland & Ellis LLP, Latham & Watkins LLP and Vinson & Elkins LLP. 

In addition to the special recognition at the awards ceremony, Baker Botts continues to maintain its Band 1 position in Chambers USA for National: Projects Oil and Gas for the ninth consecutive year and National: Projects LNG for the third consecutive year. 

The newly released Chambers USA 2017 guide includes client quotes stating the following, "They are an outstanding firm and always have the answer to just about everything. They are also responsive and do great work for us." 

"The LNG team is five star across the board in terms of client service, expertise, availability and drafting as well as commercial and legal acumen. They have a very deep understanding of the LNG business and contracts at a level that is unique," continues the client commentary. 

Please click to review Baker Botts’ complete results and read editorial comments by Chambers USA.

Next Story / BREAKING NEWS

Baker Botts to Unveil Founders Room Celebrating More Than 175 Years of Legal Service

HOUSTON, May 22, 2017 - On Tuesday May 23, 2017, Baker Botts will unveil its recently completed Founders' Room.

The Founders' Room, located in Baker Botts' Houston office, was initially conceived in 2015 during the firm's 175th Anniversary celebration. It will serve as a living museum and chronicles the history of the firm since its founding in 1840.

"The early history of Baker Botts in many ways reflects the history of Houston, the State of Texas and the United States. Our firm has seen a civil war, a depression, two world wars, the invention of the computer, the discovery of oil in Texas and the rise of Houston as one of the great cities of the world," said Andrew M. Baker, Managing Partner of Baker Botts.

The official opening and ribbon cutting will take place at 5:30 pm CST.

Secretary James A. Baker III, a Senior Partner and the nation's 61st Secretary of State, along with firm Managing Partner, Andrew M. Baker will attend and participate in the ribbon cutting. 

Next Story / AWARDS & RANKINGS

Who’s Who Legal’s Competition 2017 Features Baker Botts Lawyers in Brussels and D.C.