Edward Burbach

Experience

Edward “Ed” Burbach chairs Foley & Lardner’s Government Solutions Practice Group, co-chairs Foley’s State Attorneys General and FTC Consumer Practices, and is managing partner of the Austin office.

Ed leverages his experience as both a litigation lawyer and a leading state regulator/enforcer to handle high-stakes regulatory claims for clients. With this unique background, he counsels 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 and his team members maintain strong relationships with all state attorneys general and their staffs and regularly attend major NAAG, AGA, RAGA, & DAGA state attorneys general meetings. Most recently, Ed led an interdisciplinary Foley team throughout a 7 ½ year investigation (3 1/2 years) and litigation (4 years in Chicago, Trenton, & Dallas federal courts) resulting in a complete September, 28, 2023, federal trial court victory in FTC v. Neora which the media has labeled as “Historic”. Am Law honored Ed by naming him and two other Foley trial partners as “Litigators of the Week” in the U.S. (October 6, 2023).

Over the past three decades Ed has handled Unfair & Deceptive Acts and Practices (UDAP), Medicaid fraud, FTC, price gouging, FOIA/State Public Information Act litigation, and attorney general opinions. He has advised clients on strategy and programs related to environmental, social, and governance (ESG)- related issues and transactions, including, but not limited to state anti-boycott statutes. He has litigated significant government, pharmaceutical, health care provider, retailer, direct sales/multilevel 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 US$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:

“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…”

– Governor Greg Abbott, State of Texas