Ed Burbach is co-chair of Foley’s State Attorneys General Practice. He and his team members maintain strong relationships with all state attorneys general and their staffs and attend major state attorneys general meetings. As a focused investigations and litigation lawyer, Ed represents corporations, individuals, and governmental entities in matters involving local, state, and federal governments – with emphasis on state attorneys general and the Federal Trade Commission (FTC). He gained his unique experience through personally handling significant investigations and litigation as both a leading state regulator/enforcer and in private practice. Over the past three decades he has handled Unfair & Deceptive Acts & Practices (“UDAP”), Medicaid fraud, FTC, price gouging, FOIA/State Public Information Act litigation, and attorney general opinions. Ed also has over 30 years of experience litigating significant government, pharmaceutical, health care provider, retailer, direct sales/multi-level marketing companies, insurance, energy, maritime, financial services, 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."
"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 2019, in Nerium (n/k/a Neora) & Olson v. FTC, he 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. 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 counsel in defense of various state-purported class action litigation.
Ed serves as the Austin Office Chair for Corporate, and he remains active with the attorneys' general offices throughout the United States.