Ed Burbach focuses on litigation and litigation avoidance, representing corporations, individuals and governmental entities in matters involving local, state and federal governments – with emphasis on the state of Texas. He has special experience with allegations of Medicaid fraud, deceptive trade practices, FOIA/Public Information Act and attorney general opinions. Ed also has nearly 30 years of experience litigating significant government, energy, maritime, insurance, financial services, pharmaceutical, health care provider, retailer, corporate, multistate and class action claims.
Appointed by now-Texas Governor Greg Abbott as his original Deputy Attorney General for Litigation, Ed served as Texas’ lead litigator and directly supervised all of Attorney General Abbott’s 11 civil litigation divisions, including 250 attorneys, over 600 employees and a $35 million budget. Ed also served as Texas’ main litigation liaison with the National Association of Attorneys General during Attorney General Abbott's first and second terms. Ed maintained a heavy litigation docket representing the state and its leadership in high-profile litigation, such as Medicaid fraud, energy, financial services, environmental, Public Information Act, the historic Texas Tobacco Settlement, school finance, congressional redistricting and election law challenges brought by major political candidates. Upon announcing Ed’s return to private practice Governor Abbott advised:
"For more than three years, Ed Burbach has been a trusted advisor whose expert legal skills and careful management have yielded real results for the State of Texas," said Attorney General Abbott.
"Under Ed's leadership, our Consumer Protection Division obtained tens of millions of dollars in restitution for Texas consumers, and our Civil Medicaid Fraud Division uncovered more than a hundred million dollars in fraudulent Medicaid overpayments. Ed also guided the State through its most difficult legal disputes, including lawsuits challenging the Texas tobacco settlement and the state's school funding plan. We all appreciate Ed's distinguished service to this agency and wish him well on his return to the private sector."
Ed’s clients often face costly, multiyear, high-stakes claims. For example, in State of Texas v. Petroleum Wholesale, et al., Ed 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. He also served as lead counsel in the defense of the state Multidistrict Litigation Panel proceeding and as lead Gardere counsel in defense of various state purported class actions.
Ed leads Gardere’s Attorneys General, Medicaid Fraud and FOIA/Public Information Act practices. He also is a key member of Gardere’s Condemnation/Eminent Domain Practice and the Austin Litigation Group. He remains active with the attorneys general offices throughout the U.S.
Other Court Admissions — Texas State Courts (1987)
Supreme Court of Texas (1987)
U.S. District Courts for the Eastern, Northern, Southern and Western Districts of Texas
U.S. Courts of Appeals for the Fifth and Sixth Circuits
U.S. Supreme Court (1996)
There have been cases dealing with:
- Civil Medicaid Fraud
- Condemnation / Electrical Transmission / Wind Energy
- Charitable Trusts
- Class Actions
- Federal Constitution and Election Law
- Federal Constitution: First Amendment Establishment Clause
- Federal Constitution: Eleventh Amendment
- State Constitution
- Deceptive Trade Practices / Medical Devices / Identity Theft
- Oil and Gas (Hydrocarbon) Energy and Marine
- FOIA/Public Information Act
- Intellectual Property/Technology/Telecommunications
- Securities Litigation