People: Robert J. Carty, Jr., Partner

Photo of Robert J. Carty, Jr., Partner

Robert J. Carty, Jr.

Partner

Houston
Direct: (713) 860-0059
Fax: (713) 225-2340
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Mr. Carty is a partner in Seyfarth Shaw’s Houston office, and is a member of the Labor & Employment group.  He began his practice in 1994 as a judge advocate in the United States Air Force.  While serving in the Air Force, he represented the United States in a variety of legal matters, ranging from civilian labor-and-employment issues and courts-martial to environmental and procurement matters.  In 1998, Mr. Carty left the Air Force as a captain and began working at Exxon Mobil Corporation, where he continued to handle employment litigation, along with complex environmental cases and commercial disputes.  After that, he spent more than three years handling complicated products-liability and trademark-enforcement cases.

Since joining Seyfarth in 2003, Mr. Carty has represented clients throughout the country in a broad range of industries, including oil- and energy-related companies to pharmaceutical and retail firms, in a wide array of employment-law matters. He has represented Fortune 500 companies, as well as medium- and small-sized employers in both federal and state courts, and before federal and state government agencies.  These matters have included class actions, multi-plaintiff, and single-plaintiff cases involving discrimination on the basis of disability, age, sex, sex harassment, race, national origin, and other protected classifications filed under various federal and state statutes, as well as wage-and-hour matters across the country.

Mr. Carty also co-chairs the firm’s Appellate Team.  In this role, he helps clients navigate a variety of appellate and other post-trial issues in federal and state courts throughout the United States.  He is on the Board of Advisers for the Academy of American Legal Writers, and served on the critical-reading panels for Black’s Law Dictionary (Ninth Edition) and Garner’s Modern American Usage (Third Edition).

Mr. Carty is a partner in Seyfarth Shaw’s Houston office, and is a member of the Labor & Employment group.  He began his practice in 1994 as a judge advocate in the United States Air Force.  While serving in the Air Force, he represented the United States in a variety of legal matters, ranging from civilian labor-and-employment issues and courts-martial to environmental and procurement matters.  In 1998, Mr. Carty left the Air Force as a captain and began working at Exxon Mobil Corporation, where he continued to handle employment litigation, along with complex environmental cases and commercial disputes.  After that, he spent more than three years handling complicated products-liability and trademark-enforcement cases.

Since joining Seyfarth in 2003, Mr. Carty has represented clients throughout the country in a broad range of industries, including oil- and energy-related companies to pharmaceutical and retail firms, in a wide array of employment-law matters. He has represented Fortune 500 companies, as well as medium- and small-sized employers in both federal and state courts, and before federal and state government agencies.  These matters have included class actions, multi-plaintiff, and single-plaintiff cases involving discrimination on the basis of disability, age, sex, sex harassment, race, national origin, and other protected classifications filed under various federal and state statutes, as well as wage-and-hour matters across the country.

Mr. Carty also co-chairs the firm’s Appellate Team.  In this role, he helps clients navigate a variety of appellate and other post-trial issues in federal and state courts throughout the United States.  He is on the Board of Advisers for the Academy of American Legal Writers, and served on the critical-reading panels for Black’s Law Dictionary (Ninth Edition) and Garner’s Modern American Usage (Third Edition).

Education

  • J.D., University of Texas School of Law (1991)
  • M.B.A., University of Texas (1992)
  • B.B.A., University of Texas (1987)

Admissions

  • Texas

Courts

  • All Texas state courts
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Armed Forces
  • U.S. Air Force Court of Criminal Appeals
  • U.S. District Courts for the Eastern, Northern, Southern and Western Districts of Texas
  • U.S. District Courts for the Eastern and Western Districts of Arkansas
  • U.S. District Court for the Northern District of Alabama, pro hac vice
  • U.S. District Court for the District of Arizona, pro hac vice
  • U.S. District Court for the Eastern District of California, pro hac vice
  • U.S. District Court for the District of New Jersey, pro hac vice
  • U.S. District Court for the Southern District of Florida, pro hac vice
  • U.S. District Court for the District of Kansas, pro hac vice
  • U.S. District Court for the Western District of Louisiana, pro hac vice

Affiliations

  • Academy of American Legal Writers (Member, Board of Advisers)
  • Houston Bar Association
  • State Bar of Texas, Military Law Section (former Council member and webmaster)
  • United States Air Force, Judge Advocate (1994-1998)
     

Representative Engagements

  • Defended oilfield equipment company in multiple collective actions and arbitrations in Texas alleging failure to pay overtime to company’s field personnel; negotiated settlement for pennies on the dollar.
  • Defended industrial services company in suit brought by EEOC alleging breach of conciliation agreement.  Obtained dismissal; Fifth Circuit affirmed.
  • Defended an international transportation and logistics company in a group of related multi-plaintiff wage-and-hour cases; hobbled plaintiffs’ ability to prosecute their claims by successfully spreading cases to venues across the nation, effectively forcing all 500-plus plaintiffs to settle for nuisance value.
  • Defeated putative FLSA collective action alleging overtime violations against a major fitness-center chain.  Persuaded court to deny conditional certification, even under the FLSA’s lenient first-stage standard, by exposing logical and practical flaws in plaintiffs’ liability theories.
  • Defended a major tax-preparation company in more than 30 class, collective, and individual actions in Florida alleging a failure to pay overtime and various state-law violations; defeated all of plaintiffs’ four attempts to certify class and collective actions.
  • Defended a major pharmaceutical company against two related lawsuits in Arizona alleging sexual harassment, age discrimination, and retaliation; obtained summary judgment in both cases; one plaintiff dismissed appeal after receiving client’s motion for fees in district court.
  • Defended a major retail merchandising chain against a class and collective action in California alleging a failure to pay overtime and various state-law violations.  Obtained summary judgment, thereby mooting plaintiff’s motions for class certification.  Plaintiff dismissed appeal after briefing closed.
  • Defended a major specialty grocery chain against class action alleging violations of Texas consumer-protection statute and other Texas laws.  Obtained summary judgment before class-certification stage.
  • Defended a major human-resources outsourcing firm against a putative wage-and-hour collective action in Texas; the plaintiffs alleged that potentially thousands of employees were improperly classified as exempt from federal overtime requirements.  Obtained very favorable settlement before conditional certification by conducting aggressive discovery.
  • Defended a major pharmaceutical company in a series of related multi- and single-plaintiff discrimination cases alleging sex, race, and age discrimination; obtained summary judgment or favorable settlements in every case.
  • Defended a large Texas restaurant franchise against a multi-plaintiff sexual-harassment lawsuit; negotiated a favorable settlement after conducting intense investigation into plaintiffs’ backgrounds.

Publications

Recognitions

  • Texas Monthly Magazine, Super Lawyers Edition:  Selected as Rising-Star Lawyer (2004 and 2005)