New Jersey and Texas Ramp up Regulatory Enforcement Teams

  • Both the Texas and New Jersey AG offices have made moves to bolster their regulatory enforcement teams.
  • In Texas, recent developments indicate that the AG’s office has increased its recruitment of privacy attorneys for the newly formed Data Privacy and Security Team, tasked with enforcing the Texas Data Privacy and Security Act (TDPSA). Enacted on June 13, 2023, and set to take effect on July 1, 2024, the TDPSA marked Texas as the tenth state to enact a comprehensive privacy law. The Texas State Legislature has appropriated approximately $5 million to the AG’s office for purposes of enforcing the Act in 2024, a move not commonly observed with the passage of similar laws in other states.
  • In New Jersey, the AG’s office has signaled an increase in antitrust enforcement efforts with the establishment of the new Antitrust Litigation and Competition Enforcement Section (ALCE). This permanent, standalone section within the Division of Law will provide dedicated resources and specialized expertise for addressing both large-scale and localized antitrust issues affecting New Jersey.
  • These developments suggest a potential strategic shift in enforcement priorities within each AG office. Businesses operating in Texas should prepare for heightened privacy enforcement when the TDPSA takes effect this summer, and those in New Jersey can expect to see increased antitrust scrutiny from the ALCE, as it begins its operations.