What does Cobb & Gervasi specialize in?

Cobb & Gervasi PLLC is a boutique litigation firm specializing in Texas government litigation — including regulatory law, license and permit defense, government contract protests, Texas Attorney General investigations and Civil Investigative Demands, open records and Public Information Act disputes, and property and eminent domain litigation. We serve corporations and businesses statewide from Austin, Texas.

Bill Cobb is a founding partner of Cobb & Gervasi PLLC. He served as Deputy Attorney General for Civil Litigation at the Texas Attorney General's Office, where he handled antitrust, consumer protection, and Medicaid fraud investigations. He clerked for Chief Justice Thomas R. Phillips of the Texas Supreme Court and is recognized on the Best Lawyers in America list from 2015 to 2024 and Texas Super Lawyers for nine consecutive years.

What is SOAH and how does Cobb & Gervasi help?

SOAH stands for the State Office of Administrative Hearings, a Texas agency that conducts contested case hearings for disputes between businesses and state agencies. Cobb & Gervasi represents businesses in SOAH proceedings involving license and permit defense, regulatory enforcement actions, and other administrative disputes across all Texas state agencies.

Why is it the most important?

Just compensation is the only issue in almost every takings case. Fewer than 1% of eminent domain cases raise serious issues about whether the government or other condemnor has the right to take property. Courts define “public use” and “public necessity” so broadly that those fights rarely succeed. Even fewer cases deal with what counts as “private property.” Slightly more touch on whether a regulation has gone too far and thus counts as a taking. In contrast, every time a taking is allowed to go forward, the case comes down to one thing: how much will the property owner receive for the...

In a move echoing the Party in Orwell’s 1984, Austin’s City Council rewrote history to claim taxing authority over shoreline properties long outside city limits. Originally annexed in 1891 and later submerged when the current dam was built, the properties were declared outside the City’s full-purpose taxing jurisdiction in 1986 after the City failed to provide full services. But in 2019, under political pressure, Council falsely declared these lands had always been within the City’s taxing jurisdiction. Over 300 sets of landowners sued, asserting constitutional and other legal violations....

In 2023, we helped draft and secure support for Senate Bill 2038, which made it significantly easier for landowners to remove their properties from a city’s extraterritorial jurisdiction (ETJ). Hundreds of landowners have used SB 2038 to protect their properties from unjust, undemocratic municipal regulation. Now, we’re proud to announce another major legislative victory for property owners. Senate Bill 1844, which we drafted and helped advance, was signed into law by Governor Abbott on May 28. Beginning September 1, 2025, thousands of additional Texas landowners will become eligible for...

How are Pipelines Approved in Texas?

Surely someone has to sign off on where pipelines go, right? Not really. Here’s what the RRC’s website says about pipeline routes: “In Texas, pipelines are not required to be permitted before being built. There is no statutory or regulatory requirement that a pipeline operator seek or receive from the Railroad Commission either a determination that there is a need for the pipeline capacity or prior approval to construct a pipeline and related facilities. . . . Generally, the Railroad Commission has no authority over the routing or siting of intrastate or interstate pipelines. The pipeline...

What if Your Property Is in the Way?

Pipeline companies acting as common carriers or utilities usually have the right to exercise eminent domain powers, meaning they can forcibly acquire private land even if the landowner objects. In addition, they have no substantive limitations on the path they choose. If your property is unfortunate enough to find itself on the route of a new pipeline, there’s often little you can do to reroute the project. The lack of meaningful regulation means that pipeline operators are not required to: take the most direct route; avoid valuable land; choose the most environmentally friendly path; or...

The Good, the Bad, the Ugly: What Are Your HOA’s Powers?

The Good, the Bad, the Ugly: What Are Your HOA’s Powers? You’ve definitely heard of it, likely dealt with it, and maybe don’t think so highly of it. It’s your neighborhood-friendly overlord—the homeowners’ association (HOA). Imagine your HOA sends a letter warning you to remove your basketball hoop because your garage is attached to your home (looking at you, Houston).[1] You might ask: Can they really do this? We’re here to answer your most-pressing HOA questions. How is my HOA administered? A board of directors administers your HOA. Homeowners elect these board members in accordance with the

How is my HOA administered?

A board of directors administers your HOA. Homeowners elect these board members in accordance with the HOA’s declaration of covenants and bylaws.[1] And this board’s authority is primarily derived from the HOA’s declaration of covenants, articles of incorporation, bylaws, and the Texas Property Code. The declaration is essentially a contract between the HOA’s members, under which they agree to comply with certain covenants and restrictions and pay assessments for maintaining common areas.[2] By purchasing a home within a community governed by an HOA (an association community), the...

What are my HOA’s powers?

In interpreting association powers, Texas courts afford substantial deference to an HOA’s governing documents.[5] And HOAs are generally empowered to exercise any powers conferred by these documents, unless they conflict with federal or state law.[6] Practically speaking, as we said, the HOA is your neighborhood-friendly overlord. The duties and powers of an HOA’s board, granted under the Texas Property Code and the community’s declaration, include (1) enforcing covenants, (2) adopting budgets, (3) assessing and collecting members fees, (4) appointment of agents to act on the association’s...

Can the HOA really regulate the exterior appearance of my home?

Unfortunately (and maybe also fortunately, depending on your neighbors)—Yes. Texas HOAs have considerable discretion in adopting and enforcing restrictions related to your home’s structure and improvements, as long as the community’s declaration grants authority for the contemplated regulation.[9] This could potentially include anything from exterior color, fences, lawns and artificial turf, parking, and trash can placement, to above-ground pools and mail boxes. Notably, HOAs are limited or prevented from restricting a few things, such as (1) political signs, (2) religious displays, (3)...

When can I use a third-party reviewers or inspector?

If the regulatory authority fails to issue an approval, conditional approval, or disapproval, within 15 days after the date required by the Texas Local Government Code, you may use a third-party reviewer or inspector. For example, Section 212.009 of the Code requires municipal authorities to approve, conditionally approve, or disapprove plats or plans within 30 days. If that doesn’t happen, then after 15 days, you can obtain a third-party review. The third-party reviewer or inspector is required to provide their findings in a notice to the regulatory authority within 15 days of completing...

Whom can I hire as a reviewer?

A person employed by the regulatory authority to review development documents; A person employed by another political subdivision to review development documents; or A Texas-licensed engineer (excluding the applicant for the permit or a person whose work is the subject of the application).

Whom can I hire to perform inspections?

A person certified by the International Code Council to inspect buildings; A person employed by the regulatory authority as a building inspector; A person employed by another political subdivision to inspect buildings; or A Texas-licensed engineer (excluding the applicant for the permit or a person whose work is the subject of the application).

Wishing You a Hoppy Christmas: Can I buy alcohol on Christmas Day in Texas?

Wishing You a Hoppy Christmas: Can I buy alcohol on Christmas Day in Texas? With Christmas around the corner, I guess you can say we’re getting in the Christmas spirit—but where (and when) in Texas, can these spirits be bought? We have the answers. Liquor Texans who like a hot toddy—or simply a cocktail—while they celebrate the holiday at home should stock up before Christmas Day. The Texas Alcoholic Beverage Code (TABC) bans the sale of liquor on Christmas Day. (And because the TABC doesn’t participate in holiday discrimination—it also bans the sale of liquor on New Year’s Day and Thanksgivin

But what if I want to have a drink outside my home?

If you need a breather from your uncle who won’t stop talking about politics, you have a few more options for your Christmas spirits. You can buy liquor at bars, restaurants, or distilleries: Monday-Friday: 7AM to Midnight Saturday: 7AM to 1AM Sunday: 10AM to Midnight (but between 10AM and noon, any liquor sales must be during service of food to a customer)[5] And you can go to a winery or brewery: Monday-Saturday: 8AM to Midnight Sunday: 10AM to Midnight[6]

Why, in 2023, can I still not buy liquor on Sundays (or the holidays)?

Texas has restricted liquor sales on Sundays since 1935, when the Texas Liquor Control act was passed in response to the repeal of prohibition. Over time, the Sunday rule added three special holidays. In 1967, Christmas was added as a day for restricted-alcohol sales, and in 1979, Thanksgiving and New Year’s Day joined the (tamed) party. Bills to allow liquor stores to open on Sundays have failed in the past. But 2024 might look a little different.

Will I be able to buy liquor on Sundays in 2024?

Sort of and potentially. There’s a new bill that would allow grocery and convenience stores in Texas to sell ready-to-drink cocktails and seltzers made with distilled spirits, or “spirit coolers,” seven days a week. Texas Rep. Justin Holland introduced a version of the bill in the Texas House earlier in February, followed by Texas Sen. Kelly Hancock in the Texas Senate that same month. Currently, beer, wine, and malt liquor that have an alcohol content of 17% and below, are permitted for sale in grocery and convenience stories. If passed, the bill would allow spirit coolers that have the...

A TIRZ is created to attract new investments to areas that need revitalization through Tax Increment Financing (TIF).[6] TIF is a type of financing that local governments can use to pay for improvements to help bring investments into an area by redirecting some of the ad valorem tax from the property within the TIRZ to pay for improvements. A TIRZ provides a way for cities to build much needed public infrastructure. Through this type of funding, private development is encouraged, and the cost of building is reduced. One of the major advantages is that the funding does not come from the...

What are the benefits of a TIRZ?

Many municipalities find a TIRZ appealing, because it: Does not affect revenue currently going to the general fund of the City; Allows for reinvestment of tax funds in those areas which created the funds; Creates an opportunity to include other taxing jurisdictions in providing the tax incentives used for new public infrastructure and revitalization efforts; Captures only taxes on real property—not business, personal property, inventory, sales taxes, and the undedicated portion of real property—leaving those revenues available to support any increase in general budget costs; Does not...

Are there any disadvantages to a TIRZ?

Like everything in this life, there are downsides. For a TIRZ, these include: Real property taxes, above and beyond your “base tax value” number, go into the TIRZ; and The City has to pay for support services, such as the police and fire departments, out of its general fund. To view the Tax Increment Financing Act directly, please visit https://statutes.capitol.texas.gov/Docs/TX/htm/TX.311.htm. Additionally, the Texas Comptroller provides information on Tax Increment Reinvestment Zone creation in Texas at https://comptroller.texas.gov/economy/local/ch311/. [1] Tex. Tax Code § 311.012(c)....

Can I get a Watt Watt? How to avoid your Christmas decorations putting you on the naughty list

Can I get a Watt Watt? How to avoid your Christmas decorations putting you on the naughty list With Christmas around the corner, you might be preparing for some family disputes. But what you might not be preparing for are Christmas-related legal disputes. Here, we will address some questions we should all be asking about potential liability related to our holiday decorations in Texas. Can my Homeowners Association tell me to take down my Christmas display? Yes and no. HOAs are able to regulate Christmas decorations and displays, like all other decorations and displays, and even issue fines for

But what about Christmas lights on my pickup truck?

Whether you can legally drive around with Christmas lights on your car in Texas is unclear. While the Texas Transportation Code doesn’t specifically say “no Christmas lights whatsoever,” it does mention that “a beam with an intensity brighter than 300 candlepower,” flashing lights, and emergency sirens are a no-no. But we suggest steering clear, or at least contacting your local law enforcement to check firsthand. No officer wants to be a Grinch and give you a ticket for Christmas lights, but if they are obstructing your view (or other drivers), don’t be elf-ish—just take them off and opt...

As predicted, Texas cities are determined to reassert control over ETJ areas. If you own property in an ETJ, it’s time to act. Decide whether removing your land from your ETJ is the best option for you. If it is, talk to a lawyer about getting out—now, before it’s too late.

What did City Council do in response?

City Council could have looked at the history—as previous councils had done—and seen that the land was completely outside Austin’s city limits. Council also could have tried to annex the shoreline properties, but the City would have needed landowner consent to do so, and Council knew the landowners would never agree to that. So rather than be responsible and honest about history, the 2019 City Council caved to political pressure. Council enacted a dishonest ordinance declaring that the shoreline properties had been within the City’s full-purpose jurisdiction at “all times since 1891.” In...

Who Can Condemn Private Property?

The government has the power of eminent domain, which is the power to take private property for a public use. The process by which the government takes private property—including by suing the property owner in court to take his or her property—is called condemnation. The government regularly takes land to build roads, schools, bridges, ports, convention centers, stadiums, and so on. But governments aren’t the only entities with condemnation power. Federal and state governments have also given this incredible power to other entities, including private companies, to build infrastructure...

How Does the Condemnation Process Usually Start?

Most condemnations begin with a letter or knock at the door. The taker or, more often, a land-acquisition agent shows up or sends you a letter asking for permission to survey and inspect your property for a particular infrastructure project. Sometimes, in this first contact, the taker will offer to buy an easement or some or all of your land for a specific project.

How much money is there to be distributed, and where does it come from?

In July 2021, a $26 billion settlement was reached between a bipartisan group of attorneys general and three major pharmaceutical distributors—Cardinal, McKesson, and AmerisourceBergen. Settlement agreements were later reached between the State of Texas and opioid manufacturer Johnson & Johnson, opioid marketing consultant McKinsey, and pharmaceutical companies Endo and Teva. Texas is estimated to receive about $1.6 billion over the course of 18 years from these six companies through the settlement agreements.

Who decides where the money will be distributed?

The Texas Legislature passed SB 1827 in 2021, outlining how opioid settlement funds will be administered and distributed. Money obtained under the statewide opioid settlement agreement is split between an opioid abatement account and an opioid abatement trust fund. The opioid abatement account is administered by the comptroller and contains 15% of the money obtained under the statewide opioid settlement agreement. Money in that account can only be appropriated by the Legislature to a state agency for the abatement of opioid-related harms. The opioid abatement trust fund is outside the...

But if can’t shoot it, what can I do?

First, call local law enforcement, especially if you believe it is taking pictures. Under Section 423.003 of the Texas Government Code, it is a Class C misdemeanor offense to use a drone to capture an image of an individual or privately owned real property “with the intent to conduct surveillance on the individual or property captured in the image.” However, your local prosecutor may decide not to press charges, because Section 423.003 is one of the provisions in the Texas Privacy Act that were held unconstitutional by a federal district court. Local authorities will likely wait to...

Ridin’ Dirty: Does your car need one license plate or two in Texas?

Ridin’ Dirty: Does your car need one license plate or two in Texas? If you’re rollin’ with only one Texas license plate, you could get hit with a $200 fine. Most vehicles in Texas, with the exception of road tractors, motorcycles, trailers and semitrailers, are required to have both a front license plate and a rear license plate—even if the vehicle doesn’t have a holder for the front license plate. Your fancy Tesla, Audi, or Cadillac might look better without a front license plate, but it’s not exempt from state law requiring one. Texas law requires that most vehicles display two license plate

Can I put my license plate in the front window?

If a vehicle is required to have two license plates, the front license plate must be secured on the exterior of the vehicle. Specifically, the TxDMV’s rules require the front license plate to be placed on the exterior of the vehicle “in an upright horizontal position of not less than 12 inches from the ground, measuring from the bottom.”

Where do I put a temporary tag?

Temporary tags, which may also be called temp tags, paper tags, or paper license plates, are issued to vehicle buyers as temporary registration until the dealer completes the title and registration process. According to the TxDMV, temporary tags must be placed in the rear license plate area of the vehicle and should be secured with double sided tape or with a license plate holder to keep the tag from flapping up in the wind.

Can I use a digital license plate?

For your personal vehicle, no. State law allows the TxDMV to offer digital license plates to government and commercial fleet vehicles only. Digital plates are either battery-powered or wired directly into the vehicle’s electrical system. They have a monochromatic HD display that displays your license plate if your registration is up to date or an “invalid” sign if out of date. The TxDMV contracted with Reviver to issue these digital plate licenses in Texas, and they became available to order by eligible government and commercial fleet vehicles on June 1, 2022. The digital license plate...

Why does this exception exist?

Texas first adopted antitrust laws in 1889, and they didn’t change much for the next 100 years. In 1983, the Texas Legislature amended the state’s “outdated and little used” antitrust laws to conform with the federal antitrust laws. However, federal antitrust law does not exempt any entities from responding to a CID for documentary evidence. So why does this exception exist in the Texas Antitrust Act? It seems that the Texas Legislature was attempting to protect small businesses. A House Study Group bill analysis for the 1983 bill described “exemptions for small businesses.” These efforts...

Is direct-to-consumer liquor shipping legal in Texas?

Is direct-to-consumer liquor shipping legal in Texas? Texas does not allow distillers to ship their spirits from the distillery directly to the consumer. Instead, thanks to the three-tier system, distillers must sell their spirits through distributors. While the Texas Legislature has recently given distillers the right to sell product to consumers at the distillery for on- and off-premise consumption, efforts to legalize direct-to-consumer shipping have failed. Nearly every state in the U.S. (including Texas) allows direct-to-consumer (DtC) wine shipping, thanks to the wine industry’s concerte

If our distillery can’t ship directly to consumers, how can we sell our spirits in Texas?

Through a distributor/wholesaler. Texas regulates alcohol through three independent tiers: manufacturers, distributors/wholesalers, and retailers. Because the tiers are required to operate independently, manufacturers are generally prohibited from selling products directly to consumers and instead must sell through a distributor/wholesaler. On-premise and to-go sales at the distillery are limited. A distiller can sell a limited amount of product to customers at the distillery for on-premise and off-premise consumption. On-premise sales are limited to 3,000 gallons annually. To-go sales are...

Does the Opinion of the Texas Attorney General even matter?

Does the Opinion of the Texas Attorney General even matter? Opinions are the Attorney General’s interpretation of existing law. Governmental bodies may follow an Attorney General opinion’s advice and courts give AG opinions great weight, but AG opinions do not have the force of law and are not controlling on courts. They can be superseded, overruled, or modified by statute or overruled or modified by a later attorney general. The Texas Attorney General is the chief law officer of the state and performs two principal functions: giving legal advice in the form of opinions to authorized officials

Who can request an opinion?

The Attorney General will not issue an opinion for just anyone. Authorized requestors include the governor, certain state agency heads and boards, legislative committees, county auditors authorized by law, river authority board chairs, and district or county attorneys. If you want an Attorney General opinion but are not an authorized requestor, you must persuade an authorized requestor to submit the question. Once a request is pending, interested parties may submit briefing to the Opinion Committee.

How much weight does an opinion carry?

Attorney General opinions are persuasive, not binding. Courts may give them serious consideration, but courts remain the final arbiters of Texas law. Statutes, later opinions, or judicial decisions can change the analysis.

What is extraterritorial jurisdiction?

All Texas cities have an ETJ by statute. ETJ is the unincorporated area contiguous to the corporate boundaries of the municipality and located within a specified distance of those boundaries depending on the city’s population. Less than 5,000 inhabitants – ETJ extends .5 miles past city limits 5,000–24,999 inhabitants – ETJ extends 1 mile past city limits 25,000–49,999 inhabitants – ETJ extends 2 miles past city limits 50,000–99,999 inhabitants – ETJ extends 3.5 miles past city limits 100,000 or more inhabitants – ETJ extends 5 miles past city limits The ETJ concept did not exist in Texas...

Can cities regulate activity in their ETJ?

Yes. Cities have certain regulatory authority in their ETJ, including authority over matters such as waste disposal, signage, water conservation, platting, parks, economic development districts, impact-fee service areas, protection of streams and watersheds, utility systems, and certain nuisance and property-acquisition powers. State law also prohibits cities from regulating certain matters in the ETJ, including the use of a building or property for business, industrial, residential, or other purposes; the bulk, height, or number of buildings; building size; residential density; and...

Can I vote in city elections if I live in the ETJ?

Generally, a person must reside in the city on election day to vote in a city election. In limited circumstances, ETJ residents can vote in specific city elections or propositions that affect them. For example, voters in an area annexed for limited purposes may vote in certain city elections, but not in city bond elections or for city office. In addition, some ETJ residents may vote on propositions involving ordinances or charter provisions that would apply to the ETJ. ETJ residents may also have voting rights on matters directly affecting the ETJ, including some annexations, municipal...

Can I enter a contract brewing deal or alternating proprietorship in Texas?

As a general rule, TABC can issue a permit or license to only one person per location. But in 2013, the Legislature authorized brewers to enter into contract brewing arrangements and alternating proprietorships. More than one brewer’s or nonresident brewer’s license can be issued for a single location if the license holder for the premises has contracted with an entity under a contract brewing arrangement or alternating brewery proprietorship. Any party involved in the arrangement that does not own a fee interest in a brewing facility must post a $30,000 bond with TABC. A separate bond is...

How do I start a distillery in Texas?

How do I start a distillery in Texas? Craft distilling is a heavily regulated—but booming—industry. Obtaining a Distiller’s or Rectifier’s Permit from the Texas Alcoholic Beverage Commission will allow you to manufacture distilled spirits in Texas. You’ll also need to comply with Texas law regarding distribution and obtain licenses, permits, and label approvals from federal and local authorities, including the TTB and FDA. Move over, beer and wine—the craft distilling boom is sweeping through Texas. Back in 1995, TABC issued the first distiller permit to Tito’s Handmade Vodka. From 1995 to 200

Is it legal to test my spirits recipes at home?

No. While you can produce beer or wine at home for personal or family use, federal law strictly prohibits individuals from producing distilled spirits at home. Producing distilled spirits anywhere other than at a TTB-qualified distilled spirits plant can be a felony. Texas law similarly allows home production of wine or malt beverages, but not distilled spirits.

What permits do I need from TABC to operate a distillery in Texas?

A Distiller’s or Rectifier’s Permit allows the holder to manufacture distilled spirits and to rectify, purify, refine, or mix distilled spirits and wines. Depending on operations, other TABC licenses or permits may also be required.

How can I actually sell my spirits to customers?

Texas regulates alcohol through three independent tiers: manufacturers, distributors, and retailers. Because the tiers are required to operate independently, manufacturers are generally prohibited from selling directly to customers, subject to limited exceptions. Distillers may offer product samples to retail permit holders or employees, and may offer customer tastings at a retailer’s premises if the product is purchased from the retailer where the tasting occurs. A distiller can offer complimentary samples at its permitted premises and, in a wet county, may charge a fee for sampling....

The Government Knows
the Rules.
So Do We.

When government is the problem, Cobb & Gervasi is the answer. We are a Texas government-litigation boutique for businesses, landowners, and regulated companies facing agencies, investigations, public-information fights, procurement disputes, licensing threats, and property-rights battles. Bill Cobb has seen government cases from BigLaw, regulated industry, and the Texas Attorney General's Office. Alexa Gervasi has spent her career challenging government overreach at its foundation. Together, they bring both sides of the fight to bear for clients who need government power checked.

What We Do

Practice Areas

Attorney General Investigations

We know what the Attorney General's Office is looking for — because we've worked there. Call us the day you receive a CID.

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Government Contracts

Bid protests, contract defense, and procurement disputes with unforgiving deadlines and complex rules.

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Regulatory Law

Rulemaking, compliance, and agency litigation — from shaping the rule to winning the fight at SOAH, in district court, and on appeal.

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Open Records & Open Meetings

Navigating the Texas Public Information Act and litigating Texas Open Meetings Act (TOMA) violations — on both sides.

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License Defense & Economic Liberty

Defending your right to earn a living against government overreach, excessive licensing, and unconstitutional regulation.

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Property Litigation

ETJ release petitions, disannexation disputes, and other battles with Texas municipalities over your right to use your land.

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Why Cobb & Gervasi

Boutique Firepower.

Partner-level attention on every matter.

No hand-offs to associates.

Inside Knowledge of Government

Bill Cobb spent years at the Texas Attorney General's Office initiating and settling investigations. Governor Abbott called him an "expert legal tactician." That insider knowledge now works for you.

A Career Fighting Government Overreach

Alexa Gervasi spent years at the Institute for Justice — the nation's premier civil liberties firm — challenging government abuse in courts across the country.

Partner Attention, Always

You work directly with our founding partners from day one — your matter is not handed off to an associate. Every matter gets our full combined experience.

All Levels of Government

We have litigated against most Texas state agencies and against both counties and cities across Texas, in both state and federal court.

Our Attorneys

The People Behind Your Case

Bill Cobb

Founding Partner

Former Texas AG Office litigator. Recognized by ChambersUSA for his “unique perspective on state regulation.” Best Lawyers in America 2015–2024. Northwestern J.D. Clerked for Chief Justice Thomas R. Phillips.

Former AG Office Best Lawyers 2015–2024 TX Supreme Court Clerk

Alexa L. Gervasi

Founding Partner

Fifth Circuit clerk under Judge Willett. Staff attorney at the Institute for Justice — the nation's leading firm fighting government overreach. Georgetown Law, cum laude.

Institute for Justice 5th Circuit Clerk Georgetown Law

What Clients Say

In Their Words

"If the Texas Attorney General is involved, we want Cobb on our team."

Rob Wilkey

EVP & General Counsel, ITG Brands, LLC

"Cobb & Gervasi won over our Judge with a creative argument, and won over my board with a creative fee structure. It shows in their results."

Katherine Froelicher

General Counsel, CANarchy Craft Brewery Collective

"Consistently, and with integrity, Cobb & Gervasi delivers results in the courtroom, and value in the boardroom."

Scott Mack

CEO, IntegriCo Composites, Inc.

Don't Face Texas Government Alone.

Deadlines are short and unforgiving.

Office

1250 S Capital of Texas Hwy, Bldg 3, Ste 400, Austin TX 78746

Phone

(512) 515-9902

bill@cobbgervasi.com

Response Time

Within one business day

Practice Areas

See Our Solutions

From the first agency letter to the final appellate decision.

Attorney General Investigations

Government Contracts

Regulatory Law

Open Records & Open Meetings

License Defense & Economic Liberty

Property Litigation

Regulatory Law

When a Texas agency misapplies the law or gets it wrong, Cobb & Gervasi steps in — with the inside knowledge to challenge agency action at every level.

Texas businesses face TxDOT, TDI, TCEQ, TPWD, GLO, PUC, RRC, and dozens of other regulatory bodies, each with its own procedural rules and political dynamics. Bill Cobb spent years inside the Texas Attorney General's Office representing state agencies in enforcement litigation — giving our firm unparalleled insight into how agencies build their cases and where they break down.

We represent businesses before Texas state agencies, at SOAH, in district court, and in appellate proceedings. We also counsel clients on the front end — shaping rules during the comment and rulemaking process, advising on compliance obligations, and structuring operations to minimize regulatory exposure before problems arise.

Representative Work

SOAH contested case hearings
Challenges to agency rulemaking & statutory interpretation
Judicial review of final agency decisions
Emergency injunctive relief against agency action
Enforcement defense across Texas regulatory agencies
Attorney General opinion requests
Pre-enforcement counsel & compliance strategy
Texas Comptroller tax & audit disputes

"Texas agencies make mistakes. They overreach. They misapply their own rules. Businesses need lawyers who understand exactly how to expose those mistakes."

License Defense & Economic Liberty

Government has no business telling you how to earn a living — unless it has a lawful reason. We fight excessive licensing, unconstitutional regulation, and economic protectionism that keeps entrepreneurs and businesses from competing fairly.

When a Texas agency threatens your license, permit, or right to operate, the consequences can be existential. But government overreach doesn't stop at license revocation. Excessive licensing requirements, protectionist regulations designed to favor incumbents, and unconstitutional barriers to entry harm entrepreneurs and small businesses every day. Cobb & Gervasi provides aggressive representation — defending existing licenses and challenging unlawful barriers to economic freedom.

License & Permit Defense

Emergency stays & injunctive relief
SOAH contested case representation
Professional & occupational license defense
Business permit & certification defense
Healthcare facility licensing actions
Financial services regulatory defense
Environmental permit challenges
Judicial review of adverse decisions

Economic Liberty

Challenges to unconstitutional licensing requirements
Economic protectionism & barrier-to-entry litigation
Certificate of need challenges
Occupational freedom constitutional claims
Regulatory takings of business value
Due process & equal protection claims

"The right to earn an honest living is fundamental. When government stands in the way without lawful justification, we fight back."

Government Contracts

Bid protests, contract defense, and procurement disputes — with unforgiving deadlines and complex rules that demand experienced counsel.

Government contract law in Texas is unforgiving. Bid protest deadlines are short and inflexible. Cobb & Gervasi has significant experience representing losing bidders seeking to protest awards and winning bidders seeking to protect them.

Representative Work

Bid protest filings & defense
Emergency injunctive relief to halt improper awards
Termination for default disputes
Change order & scope disputes
Payment disputes with government entities
Suspension & debarment defense

"Protest deadlines in Texas government contracting are not suggestions — they are drop-dead dates. Contact us the moment a procurement decision goes wrong."

Attorney General Investigations

Attorney General Investigations & Civil Investigative Demands

A Civil Investigative Demand from the Texas Attorney General is one of the most serious documents a business can receive. How you respond in the first days matters.

Bill Cobb served as Deputy Attorney General for Civil Litigation at the Texas Attorney General's Office, responsible for initiating, approving, negotiating, and settling investigations for violations of Texas Antitrust, Consumer Protection, and civil Medicaid fraud laws. That experience from the inside is a unique asset for businesses facing AG scrutiny today.

Representative Work

CID response strategy & management
Document production & privilege protection
Consumer protection investigation defense
Texas Antitrust investigation defense
Civil Medicaid fraud investigation defense
Trade secret & confidentiality protection
Parallel proceeding coordination
Pre-enforcement compliance review
AG enforcement litigation defense

"We know what the Attorney General's Office is looking for — because we've looked for it. Contact us the day you receive a CID."

Open Records & Open Meetings

Texas's sunshine laws cut both ways. The Public Information Act and the Open Meetings Act are powerful tools for accountability — and serious threats to businesses whose information or interests are caught up in government decisions. Cobb & Gervasi litigates both, on both sides.

The Texas Public Information Act gives the public broad access to government records. For businesses that hold government contracts, operate in regulated industries, or submit information to agencies, a single records request can expose confidential commercial data, trade secrets, and strategic information. Once the AG rules and the agency discloses, the damage cannot be undone — and the window to act is measured in days. We know the open records process from the inside: the exception briefings, the deadlines, the mandamus proceedings.

The Texas Open Meetings Act requires governmental bodies to conduct business in public, with proper notice, and in strict procedural compliance. Closed sessions without legal justification, decisions made outside properly posted meetings, walking quorums — these violations can void government action entirely, expose officials to criminal liability, and give affected businesses standing to challenge decisions in court.

Cobb & Gervasi represents businesses on both sides: protecting confidential information from harmful disclosure, compelling records from agencies that resist transparency, challenging defective government action under TOMA, and advising clients on compliance before disputes arise.

Texas Public Information Act — Representative Work

Mandatory exception briefing & AG ruling advocacy
Confidential commercial information protection
Trade secret protection proceedings
Third-party notice & intervention
Litigation to compel or enjoin disclosure
Emergency relief to prevent premature disclosure
Writ of mandamus proceedings
PIA request strategy & advocacy for requesters

Texas Open Meetings Act — Representative Work

Challenging government action taken in violation of TOMA
Improper closed session & executive session disputes
Defective notice & posting challenges
Voiding of decisions made in procedurally defective meetings
Emergency injunctive relief to halt TOMA violations
Walking-quorum & serial-deliberation claims
Criminal referral & enforcement matters

"Once confidential records are disclosed, the damage is done. And once a government body acts in a defective meeting, your window to challenge it is short. Speed matters on both."

Property Litigation

Property & Eminent Domain Litigation

When the government threatens your property, Texas law gives you rights worth fighting for. Cobb & Gervasi protects those rights — whether your land is tied up in a city's extraterritorial jurisdiction, caught in an improper annexation, or threatened by condemnation.

Texas municipal law is full of procedural traps that can stall or kill a real estate project. ETJ release petitions and disannexation petitions are two of the most consequential — and most overlooked — tools available to landowners. When a city's extraterritorial jurisdiction stands in the way of a project, or when annexation no longer serves the landowner's interests, Texas law provides mechanisms to fight back. We litigate and negotiate these disputes with cities and counties across the state, alongside the broader landscape of property rights and regulatory takings claims that affect Texas businesses.

ETJ & Municipal Boundary Disputes

ETJ release petitions under Chapter 42, Texas Local Government Code
Disannexation petitions & challenges to improper annexation
Challenging municipal annexation authority
Development agreements & ETJ negotiation
Land use & zoning disputes with cities and counties
Municipal consent & development approval disputes

Eminent Domain & Takings

Eminent domain & condemnation defense
Just compensation valuation disputes
Regulatory takings & inverse condemnation
Pipeline & utility right-of-way disputes
Property rights constitutional litigation
State & federal appellate advocacy

"A city can tie up your property for years without ever condemning it. Know your rights before you sign — or surrender them."

Our Attorneys

Partners.

One partner built cases inside Texas government.
The other spent years dismantling government overreach in court.
Together, they bring insight from both sides—and put it to work for you.

EducationUniversity of PennsylvaniaB.A., American GovernmentNorthwestern University School of LawJ.D. · Northwestern Law Review, Articles Editor

ClerkshipSupreme Court of TexasBriefing Attorney · Chief Justice Thomas R. Phillips

Government ServiceDeputy Attorney General for Civil LitigationSpecial Assistant to Attorney General Greg Abbott

Private PracticeVinson & Elkins LLPLitigation AssociateJackson Walker LLPLitigation Partner

In-HouseCovad CommunicationsSenior Regulatory Counsel

RecognitionBest Lawyers in America2015–2024Texas Super Lawyers2016, 2019–2024ChambersUSATexas regulatory practice

LinkedInlinkedin.com/in/billcobb512

Bill Cobb

Cobb is “an expert legal tactician and successful litigator.”

— Attorney General Greg Abbott

Cobb has a “unique perspective on state regulation, which is respected by all regulating entities in Texas.”

— ChambersUSA

TX AG

Deputy AG for Civil Litigation

Big Law
+ In-House
+ Boutique

V&E · JW · Covad

Best & Super Lawyers

2015–2024

30 Years

Texas litigation experience

Bill protects businesses, professionals, and landowners from government overreach. His career runs through Big Law, regulated industry, the Texas Attorney General's Office, and boutique litigation, giving him a 360-degree view of how government disputes are built, defended, and won. Few lawyers have operated in every seat—and Bill uses that perspective to identify where government cases fail and drives them there.

Bill's career changed in April 2009 when then-Attorney General Greg Abbott invited him to "manage and litigate the State's biggest and most important cases." As Special Assistant and Senior Counsel, he spearheaded Texas's opposition to the EPA's greenhouse gas regulations, served as Texas's lead trial counsel in the 26-state constitutional challenge to the Affordable Care Act, and negotiated a $50M settlement against BP for Clean Air Act violations from the Texas City explosion. He was then appointed Deputy Attorney General for Civil Litigation, where he managed 300 attorneys across 10 litigation divisions, quarterbacked a record-breaking $158M Civil Medicaid Fraud settlement and $170M jury verdict, and successfully defended Texas's Flexible (air) Permit program at oral arguments before the Fifth Circuit.

Bill has been consistently recognized in Best Lawyers in America and Texas Super Lawyers. He is licensed in Texas and admitted before the Fifth and D.C. Circuits, the Eastern, Southern, and Western Districts of Texas, and all Texas state courts.

Career

2026–Present

Cobb & Gervasi PLLC

Founding Partner · Government litigation boutique · Austin, Texas

2023–25

Cobb & Johns PLLC

Partner · Texas property & government law boutique · Special forces for complex property and government disputes

2014–23

Cobb & Counsel PLLC

Founder · Texas government law boutique · Recognized by ChambersUSA for "unique perspective on state regulation, respected by all regulating entities in Texas"

2012–14

Jackson Walker LLP

Litigation Partner · Financial regulation (Texas AG & State Securities Board investigations) · Insurance regulation (TDI investigations and litigation) · Environmental regulation (Railroad Commission, TCEQ, US EPA appeals)

2010–12

Texas Attorney General's Office

Deputy Attorney General for Civil Litigation · Managed 300 attorneys across 10 litigation divisions · Quarterbacked record-breaking $158M Civil Medicaid Fraud settlement and $170M jury verdict · Successfully defended Texas's Flexible (air) Permit program at oral arguments before the 5th Circuit

2009–10

Texas Attorney General's Office

Special Assistant & Senior Counsel to AG Greg Abbott · Spearheaded Texas's opposition to the EPA's greenhouse gas regulations · Texas's lead trial counsel in the 26-state constitutional challenge to the Affordable Care Act · Negotiated $50M settlement against BP for Clean Air Act violations from Texas City explosion

2004–09

Jackson Walker LLP

Litigation Partner · Class action litigation in Texas, Arkansas, Oklahoma, Tennessee, and New York · Represented a geopolitical intelligence firm, employee pension plan, homeowners insurer, auto insurer, and seed distributor through all phases of litigation, including a class action jury trial

2002–04

Covad Communications

Senior Regulatory Counsel · Telecommunications regulation before the Public Utility Commissions of Texas, California, and Illinois

1997–02

Vinson & Elkins LLP

Litigation Associate · Business litigation: technology licensing, trademark, securities fraud, and products liability

1996–97

Supreme Court of Texas

Briefing Attorney · Chief Justice Thomas R. Phillips

Bar Admissions & Courts

State of Texas 5th Circuit D.C. Circuit USDC Eastern TX USDC Northern TX USDC Southern TX USDC Western TX FL Northern District

Practice Focus

Regulatory Law Government Investigations License & Permit Defense Government Contracts Open Records & Open Meetings Eminent Domain Environmental Litigation Public Utility Regulation

Emailbill@cobbgervasi.com Phone(512) 515-9902

Office1250 S Capital of Texas Hwy
Building 3, Suite 400
Austin, Texas 78746
By appointment only

EducationTexas A&M UniversityB.A., magna cum laude · Political Science & RussianGeorgetown University Law CenterJ.D., cum laude · American Criminal Law Review, Senior Notes Editor

5th Circuit ClerkshipHon. Don R. WillettU.S. Court of Appeals for the Fifth Circuit

3rd Circuit ClerkshipHon. D. Michael FisherU.S. Court of Appeals for the Third Circuit

Institute for JusticeAttorneyNational civil liberties firm fighting government overreachPractice areasConstitutional litigation, property rights, immunity doctrine

Appellate CourtsAdmitted before the Third, Fifth, and Tenth Circuits and the U.S. Supreme Court

LinkedInlinkedin.com/in/alexa-l-gervasi

Alexa L. Gervasi

A career fighting government overreach — from the Institute for Justice to courtrooms across the country. Her commentary has appeared in the Wall Street Journal, Washington Post, and USA Today.

Institute for Justice

Jurisdictions Licensed

Federal Appellate Court Clerkships

SCOTUS

U.S. Supreme Court Bar

Applying her significant experience in all stages of litigation — including briefing matters before the U.S. Supreme Court — Alexa represents individuals and businesses against the most well-funded and powerful opposition: the government.

After Quinn Emanuel, Alexa clerked for Judge D. Michael Fisher (Third Circuit) and Judge Don R. Willett (Fifth Circuit). Motivated by the barriers to government accountability she witnessed during her clerkships, she joined the Institute for Justice as an attorney, where she defended constitutional rights including property rights, free speech, economic liberty, and due process — and developed deep expertise in the immunity doctrines that close courthouse doors to victims of government abuse.

Alexa then served as Executive Director of the Georgetown Center for the Constitution, followed by a role as Counsel at Kraus Jenkins PLLC, where she led the firm's civil rights and appellate practices. Her commentary has appeared in The Wall Street Journal, The Washington Post, and USA Today. She is licensed in Texas, New York, D.C., and Pennsylvania, and admitted before the U.S. Supreme Court and the Third, Fifth, and Tenth Circuits.

Career

2026–Present

Cobb & Gervasi PLLC

Founding Partner · Government litigation boutique · Austin, Texas

2024–25

Cobb & Johns PLLC

Senior Associate & Partner · Texas property & government law boutique · Senior Associate (Oct 2024–Jan 2026) · Partner (Jan 2026–Apr 2026) · Austin, Texas

2023–24

Kraus Jenkins PLLC

Counsel · Led the firm's civil rights and appellate practices, applying expertise in constitutional law to fight for clients' rights and hold government actors accountable to the U.S. Constitution and laws of the nation

2022–23

Georgetown Center for the Constitution

Executive Director · Georgetown University Law Center · Constitutional scholarship, amicus advocacy, & Supreme Court briefing · Opinion pieces in the Wall Street Journal, Washington Post, and USA Today

2020–22

Institute for Justice

Attorney · The nation's premier civil liberties firm fighting government overreach · Property rights · Civil forfeiture · Immunity doctrine · Economic liberty

2019–20

U.S. Court of Appeals, Fifth Circuit

Judicial Law Clerk · Hon. Don R. Willett

2018–19

U.S. Court of Appeals, Third Circuit

Judicial Law Clerk · Hon. D. Michael Fisher

2017–18

Quinn Emanuel Urquhart & Sullivan

Associate · High-stakes civil litigation

Bar Admissions & Courts

Texas New York District of Columbia Pennsylvania U.S. Supreme Court 3rd Circuit 5th Circuit 10th Circuit USDC Western TX PA Middle District PA Western District

Practice Focus

Constitutional Litigation Government Overreach Property Rights Eminent Domain Civil Forfeiture Immunity Doctrine Appellate Advocacy Regulatory Law

Emailalexa@cobbgervasi.com Phone(512) 515-9902 LinkedInlinkedin.com/in/alexa-l-gervasi

Office1250 S Capital of Texas Hwy
Building 3, Suite 400
Austin, Texas 78746
By appointment only

Let's Talk.

Office

1250 S Capital of Texas Hwy
Building 3, Suite 400
Austin, Texas 78746
By Appointment Only

Phone

(512) 515-9902

bill@cobbgervasi.com

Response

Within one business day.
For urgent matters, call directly.

Practice Areas

Attorney General Investigations
Government Contracts
Regulatory Law
Open Records & Open Meetings
License Defense & Economic Liberty
Property Litigation

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