Austin Falcon is a litigation attorney based in the Houston office. He is a member of the Labor and Employment Practice Group. Prior to joining Foley, Austin was affiliated with the University of Houston as a staff attorney, representing tenants in a variety of landlord/tenant disputes including evictions, repair and remedy, and breaches of lease agreements.
Austin began at Foley as a summer associate, clerking during his first two years of law school. He also interned with the U.S. Attorney’s Office for the Southern District of Texas. Prior to law school, he worked in business development and marketing for both a major consumer goods and a software development company.
Affiliations
- Member, UHLC Interscholastic Mock Trial Team
- Previous Special Events Chair, The Advocates at UHLC
Foley Secures Favorable Settlement for Pro Bono Client in Wrongful Eviction and Theft Case
Foley & Lardner LLP recently secured a favorable settlement on behalf of a pro bono client in Texas in a case involving wrongful eviction and theft of property.

Supreme Court’s E.M.D. Sales v. Carrera Decision: A Victory for Employers Navigating FLSA Exemptions
In the case at issue, E.M.D. Sales, Inc. v. Carrera, the court clarified the applicable standard of proof, ruling that employers need only demonstrate by a "preponderance of the evidence," the standard used in most civil cases, that an employee qualifies for an FLSA exemption, rather than the higher more stringent "clear and convincing evidence" standard previously applied by the Fourth Circuit Court of Appeals.