Between a Legal Rock and a Hard Place: Balancing Foreign Law and U.S. Discovery Obligations
Emily Deer
As defendants undergo the discovery process in a United States District Court patent case, they may field requests to produce source code, technical documentation, and/or other documents and information that invoke privacy or security considerations. But when defendants are subject to foreign law and the scope of discovery goes beyond U.S. borders, more than the typical discovery issues may be in play. Specifically, defendants can find themselves being asked to produce materials in a U.S. case that are subject to—for example—foreign security, export, or privacy laws that block or limit disclosure. This can create a “catch-22”: on one hand, a defendant may face sanctions for failing to comply with a U.S. court’s order compelling cross-border production of documents, source code, or other information; on the other hand, that defendant might subject itself to civil and criminal penalties under foreign law by producing those same materials. Moreover, a plaintiff may face delays or may not get access to materials that could be important for its case—e.g., relevant source code in a patent infringement case. As foreign laws with discovery-blocking effects proliferate, and as foreign defendants (or domestic defendants with foreign parents, subsidiaries, or affiliates) continue to face litigation in U.S. courts, these types of comity issues will likely arise on a more frequent basis.
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$850 Million Federal Funding Opportunity Available for Methane Emission Reduction – Application Due August 26, 2024
George Fibbe, Ellen Friedman, Aileen Hooks, Ginny King, Diane Evans, Michael Yan*
The U.S. Department of Energy (“DOE”) and the U.S. Environmental Protection Agency (“EPA”) recently issued a competitive $850 Million federal funding opportunity (“FOA”) designed to provide grants to eligible U.S. entities, including industry, academia, NGOs, Tribes, and state and local governments for the purpose of helping mitigate methane emissions from marginal conventional wells (MCWs) and other oil and natural gas assets; accelerating the commercialization, scale-up and application of innovative methane emissions reduction technologies; and advancing the characterization and reduction of methane emissions through multi-scale, measurement-informed data collection and analysis.
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*Summer Associate, Michael Yan, assisted in the preparation of this article.

2024 Intellectual Property Chambers USA, The Legal 500 US, and IAM Patent 1000 Rankings
Our Intellectual Property lawyers and professionals have a deep commitment to exceptional client service. We are pleased to announce that the hard work and successes, on behalf of our clients, have been well recognized in Chambers USA, The Legal 500 US, and IAM Patent 1000 this year.

The Baker Botts IP practice was recognized by Chambers USA Nationwide for IP, IP: Appellate, International Trade Commission, and Life Sciences, in addition to rankings in California, New York, Texas and Washington D.C. The practice was also recognized in the following 2024 The Legal 500 categories: Patent Litigation, Patent Litigation: International Trade Commission, Patents: Licensing, Patents: Prosecution (including PTAB), Trademarks: Non-Contentious, and Trade Secrets.

The Intellectual Property group also received 5 practice rankings which included 28 ranked lawyers in the 2024 IAM Patent 1000: The World’s Leading Patent Professionals in California, New York, Texas, Washington, D.C., and London.

With sincere appreciation, we want to thank you for supporting our lawyers and trusting the Baker Botts team with your legal matters.

Please click the following title links to view a full list of rankings: Chambers USA, The Legal 500, IAM Patent 1000.

This Month: Our Take on AI
Joseph Cahill
Colorado Passes Comprehensive AI Governance Law: On May 17, 2024, Colorado Governor Jared Polis signed the Colorado AI Act into law, making Colorado the first state to enact comprehensive AI governance legislation. The law sets standards for businesses employing "high-risk" AI systems in critical sectors. It requires developers and deployers to adhere to a duty of care to protect consumers from algorithmic discrimination. Developers must provide disclosures, documentation, and public statements, while deployers must establish AI governance programs, conduct impact assessments, and provide consumer notification and appeal rights. Enforcement begins on February 1, 2026, with penalties of up to $20,000 per violation. Additional analysis of the new law and its implications for businesses can be found here, "High-Risk AI Regulation Arrives In Colorado."

US Senate AI Working Group Proposes Gap-Filling Approach: The bipartisan US Senate AI Working Group has released a policy roadmap titled "Driving U.S. Innovation in Artificial Intelligence," which outlines a strategic gap-filling approach to legislation for "High Impact Uses of AI." The roadmap suggests identifying and addressing gaps in existing laws rather than introducing an entirely new legislative framework. Additional analysis can be found here, "The US Senate AI Working Group's Proposed Gap-Filling Approach to AI Legislation."

June 2024 Intellectual Property Report Recap
In case you missed it, here is a video recap of our June 2024 Intellectual Property Report that looked at:
- Patent Damages in a Globalized Economy (Brumfield v. IBG)
- An Overview of How Third-Party Litigation Funders are Being Addressed by Courts and Policymakers
- Easy Peasy-Federal Circuit Affirms Finding of Unclean Hands, Bars Patent Recovery
- Daily Journal Names Guy, Guske and Lamkin as 2024 "Top Intellectual Property Lawyers"
- This Month: Our Take on AI

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.