• Administrative and Regulatory
• Appellate
• Attorneys General
• Commercial Litigation
• Condemnation/Eminent Domain
• Economic Development
• FOIA/Public Information Act
• Government Contracts
• Insurance Regulatory
• Medicaid Fraud
• Trial
• Gardere Practice Group: Government Affairs
• Gardere Industry Teams
  • Energy Industry Team
  • Chemical and Refining Industry Team
  • Climate Change Task Force
• Gardere Specialty Practice Groups
  • Maritime and Aviation Specialty Practice Group
  • Policyholder Specialty Practice Group

Appointed in 2003 by Texas Attorney General Greg Abbott, Edward D. (Ed) Burbach served as the Texas Attorney General’s lead litigator during Attorney General Abbott's first and second terms. He also served as the Texas Attorney General's main litigation liaison with the National Association of Attorneys General in multistate matters. Mr. Burbach’s practice is currently concentrated in litigation and litigation avoidance, with extensive experience in government, energy, insurance, financial services, and general business matters. He remains active with the NAAG. Mr. Burbach leads Gardere's Attorneys General, FOIA/Public Information Act, and Medicaid Fraud Practices. He is also a key member of Gardere’s Austin Litigation Group and Condemnation/Eminent Domain Practice.

As Texas Deputy Attorney General for Litigation, Mr. Burbach managed 11 divisions staffed by more than 600 employees, including more than 250 attorneys and a $35 million budget. His active docket included representing the state and its leadership in high profile litigation, including Medicaid fraud, energy, financial services and environmental claims, Public Information Act challenges, the historic Texas Tobacco Settlement, school finance, congressional redistricting, and election law challenges brought by presidential, congressional, gubernatorial, and State House candidates. In 2007, Mr. Burbach was listed in Texas Super Lawyers as published in Texas Monthly. In November 2005, he was named as one of the Top 50 In-House Counsel in Texas by Texas Lawyer.

Prior to his appointment to the Texas Attorney General’s Office, Mr. Burbach was a partner with Strasburger & Price, LLP's Houston office. During his more than 16 years in pre-Texas Attorney General service private practice, he successfully represented clients on issues including: oil & gas well and pipeline catastrophes, antitrust, admiralty, energy, insurance, class actions involving federal and state statutory violations, and constitutional disputes. He has broad energy industry experience, having made numerous presentations to practitioners in the oil and gas business in the United States and Europe and serving as Advisory Board member and longtime faculty member of PETEX, the Petroleum Extension Service of The University of Texas at Austin.

Mr. Burbach’s representative clients have included:

Government Officials

• Agriculture Commissioner Susan Combs
• Attorney General Greg Abbott
• Comptroller Carole Keeton Rylander
• General Land Office Commissioner Jerry Patterson
• Governor Rick Perry
• Health and Human Services Commissioner Albert Hawkins
• Insurance Commissioner Jose Montemayor
• Insurance Commissioner Mike Geeslin
• Lieutenant Governor David Dewhurst
• Secretary of State Geoff Connor
• Secretary of State Roger Williams
• Speaker of the House Tom Craddick

Government Entities

• All major Texas State Government entities
• 2007–present:
  • The Texas A&M University System
  • Texas State University System
  • The University of Texas System

Business Entities

• AIG Oil Rig (nka Chartis)
• Amerada Hess Corp.
• American Promotional Events
• Ampegy
• Apache Corp.
• Atwood Oceanics Inc.
• Baker Hughes Inc.
• Bank of the West
• BB Concepts
• Brazos Electric Power Co-op
• Continental Underwriters
• CVS Pharmacy Inc.
• CVS Caremark
• Dallas County Hospital District
• Darque Tan
• Dominion Exploration & Production Inc.
• Etan Industries
• Federated Investors
• Genworth Financial
• Gulf States Financial Services
• Las Colinas Group
• Louis Dreyfus Natural Gas Corp.
• Mammoet USA Inc.
• Manchester Financial
• Monterey Financial
• Mutual Marine Office of America
• Petroleum Wholesale
• Pfizer
• Schneider National, Inc.
• Select Medical Corporation
• Servco
• Shipowners' Protection Ltd.
• Steamship Mutual Underwriting Association, Ltd.
• Swiss Re
• System One (subsidiary of Continental Airlines)
• Tetra Technologies, Inc.
• TicketCity
• Transocean Inc.
• Travelers
• Underwriters at Lloyd’s
• West of England Ship Owners Insurance Services Ltd.
• Zurich Global Energy
• Wal-Mart

Mr. Burbach’s representative experience includes:

Antitrust

• Representation of entities in connection with Attorney General and/or DOJ investigations
• Supervised Texas Attorney General's Antitrust Division (2003–2007).
• Significant Matters of Public Record:
  • United States v. Oracle Corporation, 331 F. Supp. 2d 1098 (N.D. Cal. 2004) (Co-Counsel).
  • Verdin, et al. v. R.B. Falcon Drilling, et al. (S.D. Tex 2001) – Representation of three corporate defendants in class action alleging violations of antitrust laws as related to wages paid offshore workers by major drilling contractors. Lawsuit proceeded in the United States District Court for the Southern District of Texas, Galveston and Houston Divisions (2001). Total settlement of $75 million. (Co-Counsel).

Civil Medicaid Fraud

• Representation of entities and individuals in connection with Attorney General Medicaid fraud investigations/litigation and Health & Human Services investigations.
• Created and supervised Texas Attorney General's Civil Medicaid Fraud Division (2003–2007).
• Significant Matters of Public Record:
  • State of Texas v. Merck & Co. Inc., Cause No. GV 503021, In the 126th Judicial District Court of Travis County, Texas (Vioxx Litigation) (Lead Counsel).
  • State of Texas v. Merck & Co. Inc., No. A-05-CA-606-LY 385 F. Supp. 2d 604 (W.D. Tex. 2005) (Vioxx Litigation) (Lead Counsel).
  • Texas ex rel. Ven-A-Care of the Florida Keys Inc. v. Warrick Pharmaceuticals Corp., et al., No. GV002327; In the 53rd Judicial District Court of Travis County, Texas (Settled for $27 million) (Co-Counsel).
  • Texas ex rel. Ven-A-Care of the Florida Keys Inc. v. Roxane Laboratories Inc., et al., No. GV3-03079; In the 201st Judicial District Court of Travis County, Texas (Settled for $10 million) (Co-Counsel).
  • The State of Texas ex. rel. Ven-A-Care of the Florida Keys Inc. v. Sandoz Inc. (fka Geneva Pharmaceuticals Inc.), Novartis Pharmaceuticals Inc., Novartis AG, EON Labs, Apothecon Inc., Mylan Pharmaceuticals Inc., Mylan Laboratories Inc., UDL Laboratories Inc., Teva Pharmaceuticals Inc., Copley Pharmaceuticals Inc., Ivax Pharmaceuticals Inc., Sicor Pharmaceuticals Inc., Teva Novopharm Inc. and Teva Pharmaceutical Industries Ltd.; Cause No. D-1-GV-07001259, In the 201st Judicial District Court of Travis County, Texas (Gardere Counsel).
  • State of Texas ex rel. Ven-A-Care of the Florida Keys Inc. v. Alpharma Inc., Alpharma USPD (fka Barre-National Inc.), Purepac Pharmaceutical Co, Actavis Mid Atlantic LLC, Actavis Elizabeth LLC, Barre Patent Corp, Barr Pharmaceuticals Inc., Barr Laboratories Inc., Duramed Pharmaceuticals Inc., Duramed Research Inc., Pliva Inc. (fka Sidmak Laboratories Inc.), Odyssey Pharmaceuticals Inc., Par Pharmaceuticals Inc., Par Pharmaceutical Companies Inc., Watson Pharmaceuticals Inc. Schein Pharmaceutical Inc., Rugby Laboratories Inc., Oclassen Pharmaceuticals Inc., Marsam Pharmaceuticals Inc., and Andrx Pharmaceuticals Inc., Cause No. D-1-GV-08-0015656, In the 353rd Judicial District Court of Travis County, Texas (Gardere Texas Counsel).

Condemnation/Wind Energy Transmission

• Representation of entities and individuals in connection with condemnation matters
• Supervised Texas Attorney General's Transportation Division (2003–2007).
• Supervised Texas Attorney General's representation of Texas Department of Transportation, other condemning authorities, and Public Utility Commission of Texas (PUC) (2003–2007).
• Significant Matters of Public Record:
  • PUC Docket 37448 Application of Lower Colorado River Authority to Amend its Certificate of Convenience & Necessity to construct Gillespie to Newton 345kV CREZ transmission line in Gillespie, Llano, San Saba, Burnet, and Lampasas Counties. Successfully represented landowners on “Preferred Route”. Resulted in denial of Application to build transmission lines in Highland Lakes area of Texas (Lead Counsel) (2010).
  • PUC Docket 38140 Application of Oncor Electric Delivery Company LLC Amend its Certificate of Convenience & Necessity to construct Riley-Krum West 345kV CREZ transmission line in Archer, Clay, Cooke, Enton, Jack, Montague, Wichita, Wilbarger and Wise Counties. Successfully represented landowners on “Preferred Route” (Lead Counsel) (2010–2011).
  • PUC Docket 38230 Application of Lone Star Transmission, LLC to Amend its Certificate of Convenience & Necessity to construct Central A to Central C to Sam Switch//Navarro 345kV CREZ transmission line in Scurry, Mitchell, Fisher, Jones, Schackelford, Stephens, Palo Pinto, Erath, Somervell, Bosque, Johnson, Taylor, Eastland, Callahan, Comanche, Hill and Navarro Counties. Retained by landowners on route already chosen by ALJ and PUC (Lead Counsel) (2010–2011).
  • PUC Docket 38354 Application of Lower Colorado River Authority to Amend its Certificate of Convenience & Necessity to construct McCamey D to Kendall to Gillespie 345kV CREZ transmission line in Schleicher, Sutton, Menard, Kimble, Mason, Gillespie, Kerr and Kendall Counties. Successfully represented landowners on PUC Staff’s Proposed Route (Lead Counsel) (2010–2011).
  • Cause No. CC-08-08424-E; The State of Texas [TxDOT] v. Rodger A. Johnson, et al.  – Condemnation Proceedings in the County Court at Law of Dallas County, Texas. Successfully represented bank in obtaining award of full value of mortgage on partially condemned commercial building (Lead Counsel) (2010–2011).
  • Cause No. 10-85470-2; The State of Texas [TxDOT] v. Sam’s Real Estate Business Trust, A Delaware Statutory Trust, et al. Condemnation Proceedings in the County Court at Law No. 2 of Tarrant County, Texas. Successfully represented landowner before Special Commissioners in obtaining award in excess of $1 million more than offered by TxDOT. (Lead Counsel) (2010–2011).
  • Cause No. C-206: ETC Katy Pipeline, Ltd. v. Roy H. Cook and Joan Cook (aka Billie Joan Martin Cook) – Eminent Domain Proceedings in the County Court at Law of Waller County, Texas. Successfully represented landowners in obtaining agreement to fill in mile long trench and move location of planned gas pipeline (Lead Counsel) (2009).
  • Cause N. 10-85470; State of Texas v. Sam’s Real Estate Business Trust, Stacey-Trip LLC, et al.; Condemnation Proceedings in the County Court at Law of Tarrant County, Texas. Successfully represented landowner in obtaining approx. additional $1 million in relation to two billboard easements.

Charitable Trusts

• Representation of entities and individuals in connection with Attorney General Charitable Trust investigations and litigation
• Supervised Texas Attorney General's Charitable Trust Section of Consumer Protection Division (2003–2007).
• Significant Matters of Public Record:
  • In re the National Benevolent Association of the Christian Church (Disciples of Christ), et al., Case No. 04-50948, In the U.S. Bankruptcy Court for the Western District of Texas, San Antonio Division – Intervention as representative of the public interest in charity in one of the largest bankruptcies ever of a U.S. charity (Lead Counsel).
  • In re the Sybil B. Harrington Living Trust, Case No. 93201-D, In the 320th Judicial District Court of Potter County, Texas – Intervened to remove co-trustees (Lead Counsel).
  • In re the Beaumont Foundation of America; In the U.S. District Court for the Eastern District of Texas, Beaumont Division – Intervened to challenge expenditures of the foundation (Lead Counsel)

Class Actions

• Significant Matters of Public Record:
  • Kortz, et al. v. American Home Shield of Texas Inc., et al., In the 295th Judicial District Court of Harris County, Texas – Plaintiffs’ counsel in class action successfully certified and settled with over 230,000 members. (Co-Lead Counsel).
  • State of Texas v. Petroleum Wholesale et al. – Defense of litigation brought by the State of Texas alleging $200 million claim for allegedly misrepresenting amount of fuel delivered at retail gasoline and diesel pumps in Texas (Lead Counsel). Defense of state Multidistrict Litigation Panel proceeding arising out of purported class actions. (Lead Counsel). Defense of various state court purported class actions (Co-Counsel) (2008–2010).
  • Gobierno Vasco v. American Bureau of Shipping, In the U.S. District Court for the Southern District of Texas, Houston Division – Retained to represent the Basque Government to recover damages in excess of $50 million arising out of the November 2002 sinking of the oil tanker PRESTIGE offshore Spain. The vessel was carrying more than 20 million gallons of oil. (Lead Counsel prior to joining AG’s office).
  • Verdin, et al. v. R.B. Falcon Drilling et al. (S.D. Texas 2001) – Representation of three corporate defendants in class action alleging violations of antitrust laws as related to wages paid offshore workers by major drilling contractors. Lawsuit proceeded in the United States District Court for the Southern District of Texas, Galveston and Houston Divisions (2001). Total settlement of $75 million. (Co-Counsel).
  • Defense of class action lawsuit alleging overcharging of workers’ compensation insurance premiums. Lawsuit resulted in total settlement of approximately $200 million (Co-Counsel).

Constitutional Law

• Representation of entities and individuals in connection with constitutional law challenges and litigation
• Supervised Texas Attorney General's General Litigation Division (2003–2007).
• Significant Matters of Public Record:

  Federal Constitution and Election Law
  • Strayhorn et al. v. Williams, In the 201st Judicial District Court of Travis County, Texas (2006) (“Strayhorn II: Grandma”) (Lead Counsel).
  • Strayhorn et al. v. Williams, 430 F. Supp. 2d 661 (W.D. Tex. 2006) (“Strayhorn I: Petition Signatures”) (Lead Counsel).
  • Ralph Nader v. Connor, 388 F.3d 137 (5th Cir. 2004) cert. denied, 125 S. Ct. 1641 (2005) (Lead Trial and Appellate Counsel).
  • In re: The Honorable Steve Stockman, Relator, No. 06-0775 (Texas 2006) (Co-Counsel).
  • Stockman v. Williams, Case No. A-06-CA-742-SS (W.D. Texas 2006) (Co-Counsel).
  • Andrew Brown, et al. v. Williams, Case No. A-05-CA-1031-SS (W.D. Tex. 2005) (Lead Counsel).
  • Barrientos et al. v. Texas et al., 541 U.S. 984 (2004) – Consolidated federal congressional redistricting litigation (Co-Counsel on all stages of trial and on appeal).
  • Senators Leticia Van de Putte et al. v. Lieutenant Governor David Dewhurst, et al., Cause No. GN 302 801, In the 126th Judicial District Court of Travis County, Texas – Congressional Redistricting (Lead Counsel).
  Federal Constitution: First Amendment Establishment Clause
  • Thomas Van Orden v. Rick Perry, et al., 125 S. Ct. 2854 (2005) (The Ten Commandments Case) (Assisted General Abbott at the U.S. Supreme Court).
  Federal Constitution: Eleventh Amendment
  • Hebert et al v. Shepard et al., F. 3d (W.D. Texas Dec. 1, 2008). Challenge to the constitutionality of the state criminal and civil statutory "diploma mill statutes." Resulted in recognition of legality of California Coast University degrees (Lead Texas Counsel).
  • Pillsbury Company, Inc. v. the Port of Corpus Christi Authority, 66 F.3d 103 (5th Cir. 1995) – Eleventh Amendment immunity suit arising out of damage to international shipment of European sugar beets. (Lead Trial and Appellate Counsel).
  State Constitution
  • Neeley et al. v. West Orange-Cove Consolidated Independent School District, et al., 176 S.W.3d 746 (Texas 2005) – The $31 billion state school finance litigation (Head of trial team and co-counsel on appeal).
  • Herbert et al. v. State of Texas et. al. (California Coast University Litigation), C.C. No. 1:08-cv-0024-SS, in the U.S. District Court for the Western District of Texas (Austin 2008). Successfully represented on-line university and alumni in constitutional challenge to Texas Higher Education statute preventing use of on-line degree in Texas (Lead Texas Counsel).
  • Supervised Texas Attorney General's General Litigation Division (2003–2007).

Deceptive Trade Practices/Medical Devices/Identity Theft

• Representation of entities and individuals in connection with confidential Attorney General investigations and lawsuits and private lawsuits.
• Supervised Texas Attorney General's Consumer Division and Medical Device Section (2003–2007).
• Significant Matters of Public Record:
  • State of Texas v. Petroleum Wholesale et al., Cause No. 2008-45087 (Consolidated), In the 334th Judicial District Court of Harris County, Texas – Defense of litigation brought by the State of Texas alleging $200 million claim for allegedly misrepresenting amount of fuel delivered at retail gasoline and diesel pumps in Texas (original Lead Counsel). Defense of state Multidistrict Litigation Panel proceeding (Lead Counsel). Defense of various state court purported class actions (Co-Counsel).
  • State of Texas v. TicketCity Inc.; Cause No. D-1-GV-08-001629, In the 98th Judicial District Court of Travis County, Texas – Successfully represented ticket broker/marketplace in defense of DTPA claims (Lead Counsel).
  • State of Texas v. Darque Tan LLC et al; No. D-1-GV-08-002596, In the 201st Judicial District Court of Travis County, Texas. – Representation of national business in defense of DTPA, TFRA, and TFDCA claims (Lead Counsel).
  • State of Texas v. Broadway Photo et al.; No. D-1-GV-08-002744, In the 250th Judicial District Court of Travis County, Texas. – Successful representation of Internet business in defense of DTPA claims (Lead Counsel).
  • State of Texas v. BlueHippo Funding LLC, Bluehippo Capital, LLC (Virginia), Bluehippo Capital LLC (Nevada), and Joseph K. Rensin, Individually; Cause NO. D-1-GV-10-000102; In the 419th Judicial District Court, Travis County, Texas. – Representation of national business in defense of DTPA claims (Co-Counsel).
  • State of Texas v. CVS Pharmacy Inc., In the 253rd Judicial District Court of Liberty County, Texas – Resulted in first ever resolution under Texas' Identity Theft laws (2008) (Lead Counsel).
  • State of Texas v. Select Medical Corporation, In the 286th Judicial District Court of Hockley County, Texas – Resolution under Texas' Identity Theft laws (2008) (Lead Counsel).

Energy and Marine

• Over 25 years of handling numerous energy and maritime actions including, but not limited to, blowouts, cargo claims, insurance coverage, Limitation of Liability, vessel arrests, vessel groundings and sinkings, personal injury, pollution, and contractual disputes.
• Representation of entities and individuals in connection with confidential Attorney General investigations and lawsuits and private lawsuits.
• Supervised Texas Attorney General's Natural Resources & Administrative Law Divisions n/k/a Environmental Protection & Administrative Law Division (2003–2007).
• Supervised Texas Attorney General's representation of Texas Railroad Commission and Texas Commission on Environmental Quality and (2003–2007).
• Significant Matters of Public Record:
  • The State of Texas v. Exxon Mobil Corporation, 2004 WL 2030231 (Texas App. – Corpus Christi) – Lawsuit originally brought by Attorney General Cornyn to recover $6 billion in damages arising out of failure to invite Texas into unitized field and trespass on state lands (Lead Counsel).
  • State of Texas v. Petroleum Wholesale et al. – Defense of litigation brought by the State of Texas alleging $200 million claim for allegedly misrepresenting amount of fuel delivered at retail gasoline and diesel pumps in Texas (Lead Counsel). Defense of state Multidistrict Litigation Panel proceeding (Lead Counsel). Defense of various state court purported class actions (Co-Counsel) (2008–2010).
  • Cause No. 2008-16444, Baker Hughes Incorporated and Baker Hughes Oilfield Operations Inc. v. EOG Resources Inc., In the 234th Judicial District Court of Harris County, Texas – Successfully represented client in obtaining oilfield defense and indemnity in significant blowout litigation)(Lead Counsel).
  • Gobierno Vasco v. American Bureau of Shipping, In the U.S. District Court for the Southern District of Texas, Houston Division – Retained to represent the Basque Government to recover damages in excess of $50 million arising out of the November 2002 sinking of the oil tanker PRESTIGE offshore Spain. The vessel was carrying more than 20 million gallons of oil. (Lead Counsel prior to joining AG’s office).
  • Mariner v. Amerada Hess Corporation et al. – Represented Amerada Hess Corporation in three separate pieces of complex litigation and arbitration in Houston and New Iberia, Louisiana, arising out of a flowline rupture in 1000 feet of water 150 miles offshore Louisiana implicating maritime, Louisiana, and Texas legal issues involving the design, fabrication, transportation, and installation of the four mile long flow (Lead Trial and Arbitration Counsel).
  • Stricker Drilling v. Pedeco Inc., et al., In the 81st Judicial District Court of Frio County, Texas (Blow Out Litigation) (Lead Counsel).
  • In re M/V FLOREANA, 65 F. Supp. 2d 489 (S.D. Texas 1999) and In re the M/V FLOREANA, 37 F. Supp. 2d 853 (S.D. Texas 1999) – Represented Charter/Operator in several complex pieces of litigation involving the first berthed ship to sink at the Port of Houston in over 125 years. The various disputes involved the Limitation of Liability Act, pollution claims, cargo claims, and contractual issues (Lead Counsel).
  • State of Texas v. Exxon Mobil Corporation, 2004 WL 2030231 (Texas App. – Corpus Christi) – Lawsuit originally brought by Attorney General Cornyn to recover $6 billion in damages arising out of failure to invite Texas into unitized field and trespass on state lands (Lead Counsel).
  • MacPhail v. Oceaneering International Inc., 302 F.3d 274 (5th Cir. 2002) – Action involving injunction of ship owner from pursuing enforcement of release executed and entered in judgment in Australia (Co-Counsel).
  • Barrineau v. Sub Sea International Inc., 940 F. Supp. 153 (E.D. Texas 1996) (Co-Counsel).
  • Pillsbury Company Inc. v. the Port of Corpus Christi Authority, 66 F.3d 103 (5th Cir. 1995) – Eleventh Amendment immunity suit arising out of damage to international shipment of European sugar beets to Corpus Christi, Texas (Lead Trial and Appellate Counsel).
  • In re No Angel II, in the U.S. District Court for the Southern District of Texas. Explosion and destruction of vessel (Co-Counsel).

Environmental

• Over 25 years of handling numerous energy and maritime pollution issues.
• Supervised Texas Attorney General's Natural Resources & Administrative Law Divisions n/k/a Environmental Protection & Administrative Law Division (2003–2007).
• Supervised Texas Attorney General's representation of Texas Commission on Environmental Quality and Texas Railroad Commission (2003–2007).
• Significant Matters of Public Record:
  • General Land Office v. U.S. Department of the Interior (S.D. Texas – Victoria 2006) – Lawsuit successfully brought to set aside designation of habitat for wintering population of the Piping Plover (Co-Counsel).

FOIA/Public Information Act

• Responsible for litigation involving defense of and challenge to Attorney General Opinion Records decisions (2003–2007).
• Supervised Texas Attorney General's Open Records Section of Administrative Law Division (2003–2007).
• Lead Counsel in numerous court challenges to Texas Attorney General Public Information Act decisions (2007–present).
• Significant Matters of Public Record:
  • Sierra Club v. USDA RUS, In the U.S. District Court for the Northern District of California. Successful representation of major Texas electrical energy generator and distributor in defense of FOIA attempt to obtain its trade secret data (2010) (Lead Counsel).
  • Houston Chronicle Publishing Co., et al. v. Abbott, Cause No. D-1-GN-06-0000706, In the 200th Judicial District Court of Travis County, Texas (Lead Counsel).

Insurance

• Over 25 years of handling insurance and insurance coverage matters.
• Representation of entities and individuals in connection with confidential Attorney General and Texas Department of Insurance investigations and lawsuits and private lawsuits.
• Supervised Texas Attorney General's Financial Litigation Division and Consumer Protection Division’s Insurance Practices Section (2003–2007).
• Supervised Texas Attorney General’s representation of the Texas Department of Insurance (2003–2007).
• Significant Matters of Public Record:
  • Geeslin v. Allstate Insurance Company, In the 126th Judicial District Court of Travis County, Texas (Chapter 541 claim regarding HO-A policy application to loss of use claims following Hurricane Rita) (Co-Counsel).
  • Geeslin v. Medi-Share, Christian Care Ministry, First ever dispute regarding religious-based medical sharing organization involving Texas Religious Freedom Restoration Act (2008) (Lead Counsel).
  • Supervised investigation/negotiations between Texas and major insurers and brokers involved in the Marsh McLennan compensation/bid rigging issues. Initially resulted in $171 million settlement with Zurich American Insurance Company and disclosure of commissions.
  • Supervised Texas Attorney General's representation of the Texas Department of Insurance (2003–2007).
  • Representation of entities in connection with Texas Department of Insurance and Attorney General investigations (2007–present).
  • Etan Industries, Inc. v. Travelers Lloyds Insurance Company, In the United States District Court of the Northern District of Texas. Representation of insured in coverage dispute arising out of CGL policies (2008) (Lead Counsel).
  • In re AIU Insurance Company, 148 S.W.3d 109 (Texas 2004) – Represented Dominion and Louis Dreyfus Natural Gas Corp. in proceedings relating to $70 million claim for insurance coverage arising out of environmental exposure in Hidalgo County, Texas (Lead counsel prior to joining AG’s office) (Lead Counsel).
  • Preparation of numerous coverage opinions including thirteen coverage opinions arising out of hundreds of millions of dollars in worldwide energy losses following the acquisition of Amoco by BP.
  • American Indemnity Lloyds v. Travelers Property & Casualty Company, 189 F. Supp. 2d 630 (S.D. Texas 2002) – Insurance coverage dispute involving indemnity issues (Co-Counsel).
  • Representation of numerous marine and energy underwriters.

Intellectual Property/Technology/Telecommunications

• Representation of entities and individuals in connection with confidential Attorney General investigations and lawsuits and private lawsuits.
• Supervised Texas Attorney General's Consumer Division and Internet Bureau (2003–2007).
• Texas’ liaison with Recording Industry of America, Motion Picture Association of America, P2P Alliance, and Distributed Computer Industry Association.
• Significant Matters of Public Record:
  • CD3, Inc. v. Westminster, Inc., C.A. No. 1:07-CV-00013-LY, In the United States District Court for the Western District of Texas, Austin Division. (Patent Infringement) (Texas Counsel).
  • Metro-Goldwin-Mayer Studios, Inc., et al. v. Grokster, Ltd., et al., 125 S. Ct. 2764 (2005) (Copyright Infringement) (Amicus in support of successful Petitioners).
  • Texas v. Sony BMG Music Entertainment, L.L.C., GV 505065, In the 126th Judicial District Court of Travis County, Texas (first lawsuit under the Texas Consumer Protection Against Computer Spyware Act) (Lead Counsel).
  • Texas A&M v. Seattle Seahawks, et al., In the U.S. District Court for the Southern District of Texas (The “12th Man” Trademark Litigation) (Co-Counsel).
  • The University of Texas Petroleum Extension v. Technomedia (Copyright Infringement) (Lead Counsel).
  • Petrex v. The University of Texas Petroleum Extension, In the U.S. District Court for the Southern District of Texas (Trademark Litigation) (Lead Counsel).
  • Rudolph “Rudy” A. Schlais, Jr. et al. v. Valores Corporativos Softtek, S.A. de. C.V., No. D-1-GN-08-003878; In the 126th Judicial District Corut of Travis County, Texas (Co-Counsel).
  • Lehmann v. Etan Industries, in the 21st Judicial District Court of Lee County, Texas (June 2007 lead trial counsel in defense of telecommunications easements).
  • Etan Industries Inc. and Etan Industries Inc. (dba CMA Cablevision and/or CMA Communications) v. Ronald Lehmann and Dana Lehmann, No. 10-0318 (Texas Supreme Court filed June 6, 2010) (Telecommunications easements) (Lead appellate counsel).

Securities

• Texas Attorney General's litigation liaison with state pension funds (2003–2007).
• Supervised Texas Attorney General's Financial Litigation Division (2003–2007).
• Significant Matters of Public Record:
  • Teachers Retirement of Texas v. Qwest Communications International Inc. (Opt out of national class action resulting in additional $60.2 million December 2007 recovery for TRS setting aside proposed $1.4 million class action settlement share in favor of TRS) (Co-Lead Counsel for TRS)
  • Resolution of Texas Attorney General's investigation of major Texas financial services entity (2008) (Lead Counsel).

Tobacco

• Texas AG’s supervisor for all tobacco issues. Texas’ chief liaison with tobacco product manufacturers.
• Significant Matters of Public Record:
  • State of Texas v. American Tobacco Co., No. 05-40671, 2006 WL 2522411 (5th Cir. – On appeal from Texas v. Brown & Williamson, USDC No. 5:95-CV-91, In the U.S. District Court for the Eastern District of Texas, Texarkana Division) (Lead Trial and Appellate Counsel).

• J.D., The University of Texas School of Law (1986)
• B.B.A., The University of Texas at Austin, magna cum laude (1983)
  • Finance and International Business
• B.A., The University of Texas at Austin, with high honors (1983)
  • German

Faculty

• Faculty Member, Petroleum Extension Service (PETEX), The University of Texas at Austin – Introduction to Offshore Operations (aka "Rig") School: Contractual Risk Allocation in the Oil Exploration and Drilling Business (1997–present).

Presentations

• Presenter, Address at American Bar Association Pharmaceutical and Medical Devices Litigation Conference: Attorneys General Medicaid Fraud Actions – GlaxoSmithKline, Philadelphia, Pa. (Nov. 17, 2011) (authored paper for conference proceedings).
• Presenter, Address at the Introduction to Offshore Operations (aka “Rig”) School at The University of Texas at Austin Petroleum Extension (PETEX) Program: Contractual Risk Allocation in the Oil Exploration and Drilling Business (1997–present) (authored paper for program proceedings).
• Presenter, Address at the Texas Leadership Forum: A Citizen’s Guide to Open Meetings, Open Records, and The Freedom of Information Act (January 2011).
• Presenter, Address at the Texas Association of Defense Counsel 2011 Annual Meeting: Navigating Practice Before Administrative Agencies (March 2011).
• Presenter, Address at CAPA: Texas Attorney General and Medicaid Fraud (November 2008).
• Presenter, Address at The University of Texas Admiralty & Maritime Seminar: State of Texas' Increasing Role in Maritime Matters (October 2008).
• Presenter, Address at the Advanced Texas Administrative Law Seminar: Electronic Discovery and Administrative Proceedings (September 2007) (authored paper for seminar proceedings).
• Presenter, Address before the Texas Department of Aging & Disability Service: Electronic Discovery (September 2007) (authored paper for proceedings).
• Presenter, Address at Gardere Conference: Avoiding Mistakes – Anecdotes on the Powers of the Texas Attorney General’s Office (June 2007) (authored paper for conference proceedings).
• Presenter, Address at the Austin Bar Association Administrative Law Section Meeting: Electronic Discovery (March 2007) (authored paper for meeting proceedings).
• Presenter, Address at the Advanced Administrative Law Seminar Luncheon (August 2006) (authored paper for luncheon proceedings).
• Presenter, Address at the Financial Executives International Dinner: What Every CFO Should Know About the Attorney General’s Office (March 2006) (authored paper for dinner proceedings).
• Presenter, Litigation Addresses before the Dallas, Houston, and Austin Bar Associations (2004–2006).
• Presenter, Energy & Marine Addresses before Practitioners of Law in Norway, England, and throughout the United States (2000–2003).

• Admitted to practice before:
  • Texas State Courts
  • U.S. District Courts for all districts of Texas
  • U.S. Court of Appeals for the 5th Circuit
  • Texas Supreme Court
  • U.S. Supreme Court
• Memberships have included:
  • State Bar of Texas
  • American Bar Association
  • Austin Bar Association
  • Houston Bar Association
  • Texas Association of Defense Counsel
  • Maritime Law Association of the United States
  • Association of Average Adjustors (U.K.)
  • Houston-Abidjan Partnership in Trade Committee
  • College of the State Bar of Texas
• Registered Arbitrator, Houston Maritime Arbitrators Association
• Advisory Board and Faculty Member, Petroleum Extension Service (PETEX), The University of Texas at Austin

• Recognized, The Best Lawyers in America (Steven Naifeh & Gregory White Smith eds., Woodward/White, Inc.) (2013)
  • Administrative/Regulatory Law
• Recognized, Texas Super Lawyer, Law & Politics Media Inc. as published in Texas Monthly (2007)
  • Government Relations
  • Business Litigation
  • Energy & Natural Resources
• Recognized, Top 50 In-House Counsel in Texas, Texas Lawyer (2005)
• Recognized, AV^® Preeminent^™ 5.0 out of 5 Peer Review Rated, Martindale-Hubbell^® PEER REVIEW RATINGS^™
• Recipient, Houston Channel 11 KHOU Spirit of Texas Award

• Board Member, Rob Roy Homeowners Association
• Founder, Chairman and President, Greater Houston Harvest (charitable organization that collected and delivered in excess of 600,000 pounds of food, free of charge, to the hungry of Houston)
• Coach:
  • Westlake Pop Warner Football
  • West Austin Youth Association Volleyball
  • Neighborhood Sports Flag Football
  • Westlake Youth Basketball Association
  • Westlake Youth Soccer Association
  • Jewish Community Center Flag Football