J.D., Baylor University School of Law

B.B.A., Baylor University Hankamer School of Business

State:

• Texas

• Michigan

• District of Columbia

• Arizona

• Mississippi

• Alabama

Federal:

• Supreme Court of the United States

• D.C. Circuit Court of Appeals

• First Circuit Court of Appeals

• Second Circuit Court of Appeals

• Third Circuit Court of Appeals

• Fourth Circuit Court of Appeals

• Fifth Circuit Court of Appeals

• Sixth Circuit Court of Appeals

• Seventh Circuit Court of Appeals

• Ninth Circuit Court of Appeals

• Tenth Circuit Court of Appeals

• Eleventh Circuit Court of Appeals

• U.S. District Court, N.D. Alabama

• U.S. District Court, M.D. Alabama

• U.S. District Court, S.D. Alabama

• U.S. District Court, D. Arizona

• U.S. District Court, District of Columbia

• U.S. District Court, E.D. Michigan

• U.S. District Court, W.D. Michigan

• U.S. District Court, N.D. Mississippi

• U.S. District Court, S.D. Mississippi

• U.S. District Court, W.D. Texas

• U.S. District Court, N.D. Texas

• U.S. District Court, E.D. Texas

• U.S. District Court, S.D. Texas

• U.S. District Court, N.D. Illinois

Successfully represented the Texas General Land Office and Texas Land Commissioner in a dispute over funding for the border wall between Texas and Mexico. Texas Gen. Land Off. v. Trump, No. 7:21-CV-00272, 2025 WL 3050184 (S.D. Tex. Sept. 15, 2025); Texas Gen. Land Off. v. Trump, No. 24-40447, 2025 WL 1410414 (5th Cir. May 15, 2025).

Successfully represented the interests of Texas and its employers against the U.S. Dep't of Labor, challenging an unlawful rule for exemptions from the Fair Labor Standards Act's overtime requirements. Nevada v. U.S. Dep't of Lab., 275 F. Supp. 3d 795 (E.D. Tex. 2017).

Successfully represented Texas against the U.S. Dep't of Education, U.S. Dep't of Labor, and U.S. Dep't of Justice, challenging and unlawful rule under Title VII and Title IX. Texas v. U.S., 201 F. Supp. 3d 810 (N.D. Tex. 2016), order clarified, No. 7:16-CV-00054-O, 2016 WL 7852331 (N.D. Tex. Oct. 18, 2016).

Successfully represented legislators and citizens over improper ballot title language in a Minnesota state initiative. Limmer v. Ritchie, 819 N.W.2d 622 (Minn. 2012).

Successfully represented victims of state-sponsored terrorism in lawsuit against Iran. Frost v. Islamic Republic of Iran, 419 F. Supp. 3d 112 (D.D.C. 2020).

Successfully represented demonstrators whose First, Fourth, Fifth, and Fourteenth Amendment rights were violated by the state police. Swagler v. Sheridan, 837 F. Supp. 2d 509 (D. Md. 2011).

Successfully represented the interests of Texas and its citizens in a challenge to portions of the Affordable Care Act. Franciscan All., Inc. v. Azar, 414 F. Supp. 3d 928 (N.D. Tex. 2019).

Successfully represented Texas and its citizens in a challenge to unlawful bag bans enacted by various Texas municipalities. City of Laredo v. Laredo Merchants Ass'n, 550 S.W.3d 586 (Tex. 2018).

Represented Texas and its citizens in an action brought against the federal government under Nuclear Waste Policy Act for its failure to properly dispose nuclear waste in Texas. Texas v. U.S., 891 F.3d 553 (5th Cir. 2018).

Successfully defended Texans in a challenge to Second Amendment rights as applied to higher education institutions. Glass v. Paxton, 900 F.3d 233 (5th Cir. 2018).

Austin has litigated in state and federal courts across the country. He focuses his practice on civil litigation (plaintiff and defense), commercial litigation, corporate matters, federal compliance, internal investigations, government relations, and white-collar criminal defense.

Litigating for over 25 years, including three as a public defender, Austin has practiced law within the private, government, and non-profit sectors, geographically spanning the United States and beyond.

Austin began practicing law on the Mississippi Gulf Coast. In addition to his time spent as a public defender, his law practice in Mississippi was extremely diverse, involving personal injury, commercial litigation, appellate, contracts, real estate, administrative law, bankruptcy, libel & defamation, insurance defense, general civil litigation, and other matters.

Austin then served as Senior Counsel for Alliance Defending Freedom (“ADF”) in Washington, D.C. While at ADF, he handled appeals and litigated constitutional cases in state and federal courts across the country, including matters regarding marriage, parental rights, voters’ rights, and religious freedom. He also authored several pieces of legislation and policy memoranda and testified before numerous state legislatures, as well as Congress. While with ADF, he made regular public appearances, speaking at numerous events and participating in hundreds of television, radio, and newspaper interviews with all major national media outlets.

Following this, Austin served in the Executive Administration of Texas Attorney General's Office as both Special Counsel and the Associate Deputy Attorney General for Special Litigation. During his time with the Attorney General's office, Austin coordinated and led myriad multi-state lawsuits and strategic litigation against the federal government, other states, and local government entities. On behalf of Texas (and other states), his teams achieved many victories against the federal government, including the U.S. Department of Justice, U.S. Department of Labor, U.S. Department of Health and Human Services, and other federal agencies.

Prior to starting the Peele | Nimocks | Toth Law Firm, he worked for former U.S. Attorney General John Ashcroft in the Ashcroft Law Firm in Austin, Texas. For General Ashcroft, Austin litigated cases against all levels of government (federal, state, and local).

• Administrative

• Appellate

• Business

• Commercial Litigation

• Commercial Transactions

• Contracts

• Corporate

• Corporate Investigations

• Criminal

• Employment & Labor

• Government & Municipal

• Government Investigations

• Internal Investigations

• White Collar Criminal Defense

When he's not practicing law, Austin enjoys snow skiing, water skiing, scuba diving, a good cigar, and following his Baylor Bears on the gridiron and hard court.

Austin is a Native Texas, born and raised in the Fort Worth area. He enjoys all forms of Texas BBQ, driving on the beach at Mustang Island, Big O's at George's, and kayaking the Guadalupe River in high CFS conditions.

"It's all ball bearings these days!"

- Fletch