News & Analysis as of

Administrative Procedure Act Texas

(ACOEL) | American College of Environmental...

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality—A Nut Case?

In Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality, the Texas Supreme Court clarified the statutory definition of “Best Available Control Technology”(BACT) under the Texas Clean Air...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Paul Hastings LLP

Texas Environmental Litigation in the Post-Chevron Deference Era

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This past term, the United States Supreme Court overruled Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) in companion cases Relentless, Inc. v. Dep’t of Commerce (No. 22-1219) and Loper...more

Freeman Law

Texas Comptroller Procedure | Audits and Assessments

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Receiving an assessment from the Texas Comptroller can be overwhelming, and not just from a financial perspective. To a taxpayer with little to no experience in dealing with the Comptroller’s office, even knowing how to...more

Baker Donelson

Texas Court Issues Injunction on 2024 HIPAA Reproductive Privacy Rule

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The HIPAA Privacy Rule to Support Reproductive Health Care Privacy went into effect on June 24, 2024. The 2024 Final Rule strengthens privacy protections for medical records and other health information related to...more

ArentFox Schiff

HIPAA Reproductive Privacy Rule Takes Effect Amid Legal and Political Uncertainties

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As of December 23, health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) must comply with new reproductive health care privacy...more

Fox Rothschild LLP

Texas District Court Vacates DOL Overtime Rule

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The U.S. District Court for the Eastern District of Texas, in State of Texas, et al. v. United States Department of Labor, et al. vacated the latest overtime rule by the Department of Labor (DOL) on November 15, 2024. The...more

Fox Rothschild LLP

Texas District Court Vacates Increases to Salary Threshold for Overtime Exemptions

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The U.S. District Court for the Eastern District of Texas recently vacated the U.S. Department of Labor’s (DOL) regulations issued in April 2024 that increase the salary threshold necessary to satisfy the Executive,...more

Jackson Lewis P.C.

A Reprieve for Employers: Texas Court Vacates DOL Rule Increasing Salary Level for Exempt Employees

Jackson Lewis P.C. on

In a highly anticipated decision, a federal district court in Texas has vacated the Department of Labor’s (DOL’s) 2024 Final Rule increasing the salary threshold for application of the executive, administrative, and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Central Texas Mussels/Endangered Species Act: Texas Attorney General Challenges U.S. Fish and Wildlife Service Listings

The Texas Attorney General (“AG”) on behalf of the State of Texas filed a Complaint and Petition for Review (“Complaint”) in the United States District Court for the Northern District of Texas against the United States Fish...more

Jenner & Block

Non-Competition Agreements; FTC Rule Status

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As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) announced their final rule banning most “non-competition” agreements. The FTC determined non-competition agreements were an unfair method of...more

Vicente LLP

Ongoing Delta-8 THC Legal Battle Moves to the Texas Supreme Court

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The Delta-8 THC ("D8") battle in Texas continues, with the arena now moving to the Texas Supreme Court. On August 21, 2024, the Texas Department of State Health Services (DSHS) filed an opening brief with the Texas Supreme...more

Wyrick Robbins Yates & Ponton LLP

Everything Is Bigger in Texas…Except for Reproductive Privacy Rights

This is not a drill: the Texas Attorney General is coming for HIPAA. On September 4, 2024, the State of Texas sued the United States Department of Health and Human Services (DHHS) to enjoin portions of HIPAA regulations,...more

Mintz - Health Care Viewpoints

Texas Challenges HHS’s HIPAA Rule Protecting Reproductive Health Information from State Investigative Bodies

Last week, Texas Attorney General Ken Paxton filed a complaint in federal district court against HHS and the Office for Civil Rights (OCR) challenging a recently issued rule strengthening protection of protected health...more

Proskauer - Health Care Law Brief

Post‑Chevron Spotlight: Disproportionate Share Hospital Payments Restored as Texas Hospitals Prevail in Challenge to HHS Exclusion...

In a victory for Texas health care providers, in Baylor All Saints Medical Center dba Baylor Scott & White All Saints Medical Center‑Fort Worth et al. v. Xavier Becerra, case number 4:24‑cv‑00432, the United States District...more

Bracewell LLP

Texas District Court Sets Aside FTC Non-Compete Ban: What Employers Should Consider

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The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v....more

Perkins Coie

Texas District Court Upends FTC Noncompete Rule

Perkins Coie on

In the case of Ryan LLC v. Chamber of Commerce of the United States of America, et al., Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an order with “nationwide effect” on August 20,...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Noncompete Rule Is Set Aside, But Appeal Is Expected and States May Act

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That...more

DLA Piper

Texas Federal Court Halts FTC Noncompete Rule for All Employers Nationwide

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On August 20, 2024, a federal court in Texas granted summary judgment to the plaintiffs in Ryan LLC v. Federal Trade Commission, setting aside and rendering unenforceable the Federal Trade Commission's (FTC) rule banning...more

Steptoe & Johnson PLLC

Texas Federal Court Invalidates FTC’s Non-Compete Ban As Unconstitutional

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A federal judge in Texas has barred enforcement of the Federal Trade Commission’s (FTC’s) new regulations, which otherwise would have banned most non-compete agreements. Holding that the FTC lacked statutory authority to...more

Wiley Rein LLP

Texas Federal District Court Sets Aside Federal Trade Commission Non-Compete Ban Nationwide

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On Tuesday, August 20th, the U.S. District Court for the Northern District of Texas issued a nationwide injunction barring enforcement of the Federal Trade Commission's (FTC) ban on non-compete agreements in employment...more

Levenfeld Pearlstein, LLC

Texas Federal Court Strikes Down FTC’s Non-Compete Ban

On Tuesday, August 20, U.S. District Judge Ada Brown granted summary judgment, in favor of blocking the Federal Trade Commission’s (“FTC”) rule banning non-competes (the “Rule”). The Rule, which had been scheduled to go into...more

Saul Ewing LLP

Texas Court Invalidates FTC Ban on Non-Compete Agreements

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By now, employers across the country are aware of the Federal Trade Commission’s (“FTC”) pending rule banning the vast majority of non-competition agreements on a national level (the “Rule”). We have been tracking the Rule...more

Shutts & Bowen LLP

Breaking News: Federal Judge Blocks Nationwide Implementation of the FTC’s New Rule Banning Noncompete Agreements

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On August 20, 2024, U.S. District Judge Ada Brown in Texas issued a final order in the pending case, Ryan v. FTC, holding that the Federal Trade Commission (FTC) exceeded its authority in issuing a ban on noncompete clauses....more

Sheppard Mullin Richter & Hampton LLP

Final Word on Final Rule? Texas District Court Eviscerates FTC’s Non-Compete Ban

On July 3, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas entered a limited, preliminary injunction barring the Federal Trade Commission (“FTC”) from enforcing its controversial Final Rule...more

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