Texas Government Solutions

Foley & Lardner’s Texas Government Solutions team provides clients unparalleled legal and legislative representation and counseling. We achieve government affairs solutions for prominent corporations, industry associations, and other clients. Our attorneys and lobbyists manage hundreds of legislative and regulatory proposals at the Texas Capitol and before state agencies. We counsel clients regarding key governmental processes and areas of law based upon decades of collective legal or governmental experience. Our Austin office is also home to a unique federal, state, and local government enforcement defense and investigations (GEDI) and litigation defense team, as well as several members of Foley’s national State Attorneys General practice

Whether a client needs help with lobbying, legislative monitoring and analysis, rulemaking, licensing, compliance, government investigations and enforcement actions, contracts, or litigation, our team has a full range of tools and the in-house experience to find solutions. We believe the depth and breadth of our team of regulatory attorneys and governmental affairs professionals are unmatched in Texas.

Experience and Relationships at the Texas Capitol

Clients benefit from our diverse and accomplished Texas Government Solutions team’s wide array of experience and relationships, as we apply that full range of assets to your legislative efforts. Our team members have previously served in prominent governmental roles advising Texas governors, legislators, attorneys general, and secretaries of state. As a result, we establish and maintain longstanding relationships of trust with appointed and elected officials from both political parties, and we can pursue bipartisan approaches to solving problems and achieving your goals.

Foley’s experience in Texas begins with its predecessor firm, which was founded in Texas in 1909. Since then, our attorneys have been actively involved in Texas government and politics. Our team is a constant presence at the Texas Capitol and in front of state agencies, earning a distinctive reputation as successful advocates for prominent clients, and as trusted advisors to elected and appointed officials. As a result, we and our clients are at the table when high-stakes policy issues are negotiated and resolved, helping shape the Texas legislative and regulatory environment.

State Administrative and Regulatory Law

Our attorneys represent clients in all aspects of the administrative law process. Our team understands the complexities of the law and has vast experience representing clients on regulatory matters before state agencies. Success in the administrative and regulatory arenas centers on effective communication with regulators and state agency program personnel. We are experts at coordinating a proactive approach to issues management and strategy development and execution. We routinely handle matters for clients regarding contract procurements, bid protests, audits and enforcement, regulatory compliance, complex litigation, rule-making, and policy development.

Experience

A small sampling of our team’s representative legislative and regulatory experience follows:

• Led a complex coalition of various industries to reverse overreaching local government regulations
• Strategically advised a big tech company in connection with the development and execution of its reputation efforts among policymakers and key thought leaders
• Advised numerous clients on both the uses of and responses to inquiries under the Texas Public Information Act
• Represented numerous clients in payment audits before the Texas Health and Human Services Commission
• Filed a first-of-its kind federal court challenge to the FTC’s authority to retroactively change the law regarding pyramid schemes in the context of direct sales/multi-level marketing companies
• Defended claims brought by the state of Texas alleging $200 million in civil penalties for allegedly misrepresenting the amount of fuel delivered at retail gasoline and diesel pumps in Texas
• Advised various clients on political discourse involving economic development, electric generation and transmission, employment, environmental regulation, housing, pharmaceuticals, property rights, real estate, tax, transportation, technology, and alcohol & beverage
• Represented clients in matters dealing with sovereign immunity and 11^th amendment
• Developed Foreign Corrupt Practices Act compliance policies and conducted FCPA due diligence and training
• Developed expatriate and global employment-related policies for the cross-border movement of personnel
• Advised clients regarding international supply chain issues and helped foreign subsidiaries structure related-party pricing and intercompany agreements
• Successfully worked at the Texas Legislature with a coalition of providers of alternate access to health care to preclude an extensive new regulatory regime and to position the client for future legislative and regulatory efforts
• Successfully worked at the Texas Legislature with a coalition to pass insurance legislation bringing Texas in conformity with model legislation of the National Association of Insurance Commissioners
• Successfully secured passage of legislation to enhance efficiencies of and financial stability for fraternal benefit societies
• Successfully worked with a sophisticated coalition to secure passage of captive insurance legislation

Additionally, current members of our Austin-based team have served in the following senior roles in Texas state government:

• Texas’ lead civil litigator under then Attorney General (and now Governor), Greg Abbott
• Senior Advisor to former Texas House Speaker Joe Straus
• General Counsel to former Texas Governor Rick Perry
• General Counsel to former Texas Secretary of State Hope Andrade

Government Incentives

Through its Economic Development and Government Incentives (EDGI) practice team, Foley boasts unparalleled experience in Texas when it comes to guiding clients through the state and local government incentives process. Whether it comes to negotiating programs administered by the Governor’s office, or securing local government incentives, Foley’s team has developed a deep bench of experience and relationships which allow you to achieve maximum results. Our team members have worked with every state and local incentive program in Texas, both during their time inside the highest level of government, and after. When it comes to government incentives in Texas, we have you covered.

Political Involvement

To help further your goals, we fund an active Texas political action committee (PAC) which supports statewide elected officials, legislators and judges as part of the electoral process. Our PAC consistently ranks as one of the Top 10 most active lobby firm ACs in Texas, contributing over $250,000 to Texas candidates each election cycle. We are also closely involved with the political contributions made by the various PACs affiliated with our clients.