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, he has represented clients in a broad range of industries, including oil- and energy-related companies to pharmaceutical and retail firms.

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, he has represented clients in a broad range of industries, including oil- and energy-related companies to pharmaceutical and retail firms.

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 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

  • Presently defending a major fitness-center chain in putative nationwide collective action alleging a failure to pay overtime.
  • Presently defending a major retail merchandising chain against a nationwide gender-discrimination class action in California alleging a failure to promote female managers to upper-level management positions.
  • Defended a major service provider 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 industrial services company in suit brought by EEOC alleging breach of conciliation agreement.  Obtained dismissal; Fifth Circuit affirmed.
  • 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 a major pharmaceutical company against two related lawsuits in Arizona alleging sexual harassment, age discrimination, and retaliation; obtained summary judgment in both cases.
  • 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.
  • 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 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.
  • 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

  • Co-Author, Recent Trends in Federal Wage & Hour Complex Litigation (2009)
  • Member, Panel of Critical Readers, Black’s Law Dictionary (9th ed.)
  • Member, Panel of Critical Readers, Garner’s Modern American Usage (3d ed.)
  • Contributor to Seyfarth Shaw's 2009 Class Action Report
  • Contributor to Seyfarth Shaw's 2008 Class Action Report
  • Contributor to the American Bar Association's Fair Labor Standards Act Treatise (2008 Supplement)
  • Co-author, “The Suddenly En Vogue FLSA: After 50 Years as a Wallflower, She’s Finally Ready to Dance,” The Houston Lawyer (Sept.-Oct. 2006)
  • Co-author, “The FLSA: Why You Should Be Concerned,” (two-part series), Today’s Restaurant News, Texas Edition, Vol. 6, No 5-6 (May-June 2006)
  • “The Aggravation of Aggregation” IADC Mid-Year Meeting (2001)

Recognitions

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