Fulbright & Jaworski L.L.P.
- Foreign Corrupt Practices Act
- Corporate Governance
- Libel and Slander
- RICO
- Energy
As a partner in Fulbright & Jaworski L.L.P.'s Houston office, Carlos concentrates his practice primarily on complex commercial, business and corporate litigation matters. He advises senior management and officers and directors of Fortune 500 companies on a range of matters pertaining to antitrust laws, corporate governance and compliance and litigation. Carlos also regularly advises clients on matters pertaining to conducting internal compliance and due diligence investigations in response to government investigations, subpoenas and requests for information.
Antitrust: Carlos regularly advises clients on antitrust matters related to competitor collaborations, which include trade association and joint venture initiatives and related activities among competitors. He also regularly advises clients on a range of antitrust and competition law subjects, including monopoly exclusionary and predatory conduct, vertical and horizontal restraints, group boycotts and refusals to deal.
Litigation: Carlos has extensive litigation experience in both state and federal court. He has represented clients in antitrust, securities and complex business litigation matters in both forums. He has represented corporate clients in state and federal court in class action suits, antitrust and securities fraud suits, shareholder derivative actions, fiduciary duty litigation, slander and business disparagement, theft of trade secrets and non-competition litigation.
Enforcement: Carlos has defended clients in matters pending before the Texas State Securities Board ("TSSB") pertaining to alleged securities fraud. He has also represented clients in matters pending before the Securities and Exchange Commission ("SEC") pertaining to alleged non-compliance with US sanctions, export control, and anti-corruption and bribery laws.
Internal Corporate Investigations and Compliance: Carlos represents corporate clients in internal corporate investigations conducted both independently by corporate clients and in parallel with civil, criminal, and administrative investigations pending before the United States Department of Justice ("DOJ"), SEC, Department of Commerce, Federal Bureau of Investigations, and other federal regulatory and administrative enforcement agencies. Carlos's internal investigation experience spans across a range of subjects, including:
- Transactions with countries subject to US economic sanctions
- Allegations of bribery of foreign officials and foreign corrupt practices
- Whistleblower allegations
- Self-dealing transactions
- Corporate malfeasance, waste, and abuse
- Fiduciary duty breaches and related claims
- Financial disclosure misconduct
- Options backdating
Significant and representative work includes:
- Antitrust counsel for global trade association composed of domestic and international oil and gas majors, energy trading and marketing companies and various industry service providers engaged in standards-setting initiatives in the energy industry
- Antitrust counsel for chemicals manufacturer in pre-closing due diligence phase of FTC-mandated spin off in an FTC-approved merger of competitors
- Antitrust counsel for waste management company in joint venture discussions with competitor
- Advising partnership composed of oil and gas majors on antitrust considerations applicable to joint venture restraints
- Representation of oil major in defeat of private antitrust action filed by various plaintiffs against various oil and gas producers, alleging price fixing, price discrimination and monopolization
- Representation of major waste service company in $10 million suit brought by commercial plaintiff alleging slander, business disparagement, breach of contract, breach of fiduciary duty, tortious interference, negligence and fraud
- Representation of client in $40 million dollar suit alleging breach of contract, conversion and fraud claims relating to disputed oil and gas interests
- Representation of major energy services contractor in $30 million suit alleging commercial bribery, fraud, breach of fiduciary duty, and breach of contract in connection with offshore turnkey decommissioning contract and sale of offshore assets
- Representation of major equipment manufacturer in defeat of shareholder derivative suit seeking to block $1 billion merger
- Representation of lender in $8 million loan default litigation
- Representation of broker dealer client and 15 individual brokers in regulatory matter before state securities commission involving securities fraud claims concerning the suitability of corporate bonds sold to clients, where commission threatened enforcement action, potential revocation of client's dealer license, and assessment of substantial penalties and fines
- Representation of major insurance carrier in statewide class actions brought by state attorney general and private parties concerning dispute over premiums and coverage
- Representation of major onshore drilling service provider in proceedings seeking the recovery of $70 million wrongfully diverted by a former CFO
- Representation of Special Committee of board of directors in internal review of options backdating practices
- Representation of client in international investigation into dealings with sanctioned countries and alleged violations of U.S. anti-bribery and anti-corruption laws
- American Bar Association
-
Houston Bar Association
- Antitrust & Trade Regulation, Treasurer (2009 - 2010)
- Antitrust & Trade Regulation, Chair Elect (2010 - 2011)
- Antitrust & Trade Regulation, Chair (2011 - 2012)
- Houston Young Lawyers Association
- Texas Bar Foundation, Fellow
- Children's Museum of Houston, Advisory Board (2011)
- Selected as one of "Houston's Top Lawyers" for Business Litigation, H Texas Magazine, June 2010
- Recognition as a Rising Star for Litigation in "Texas Rising Stars," Litigation, Law & Politics (2004 - 2011)
- Recognition in "Lawyers on the Fast Track," H Texas Magazine (2004)
- Co-author with Gerard Pecht, Darryl W. Anderson and Lauren Etlinger, "Creditors of Insolvent LLCs Lack Standing to Sue Derivatively in Delaware," Fulbright & Jaworski L.L.P. Briefing, September 2011
- Co-author with Stephen M. McNabb, "Ninth Circuit Rejects CFO's Privilege Assertion Seeking to Block Prosecutors' Use of Statements Obtained by Broadcom's Investigative Counsel," Fulbright & Jaworski L.L.P. Client Briefing, October 2009
- Author, "Joint Ventures," chapter of ABA Energy Antitrust Handbook, 2d ed., 2009
- Co-author with Rod Lambert and Ian Pegram, "UK Competition Regulator Hits Construction Companies with Large Fines over 'Bid-Rigging' Practices," Fulbright & Jaworski L.L.P. Client Briefing, September 2009
- Co-author with Rod Lambert and Ian Pegram, "A Boost for Parent Companies? ECJ Annuls £22m Cartel Fine Due to Restriction of Parent Company's "Rights of Defence," Fulbright & Jaworski L.L.P. Client Briefing, September 2009
- Co-author with Richard C. Smith and Marsha Z. Gerber, "SEC Invokes Control Person Liability Provisions of the Exchange Act to Heighten Potential Exposure for FCPA Violations," Fulbright & Jaworski L.L.P Client Briefing, August 2009
- "Antitrust Modernization Commission Issues Much Anticipated Report on State of U.S. Antitrust Law," The Energy Antitrust News, Summer 2007
- "Wall Street Can Breathe a Little Easier: U.S. Supreme Court Holds Underwriter IPO Conduct Not Subject to Antitrust Lawsuit," Fulbright & Jaworski L.L.P. Client Alert, June 2007
- Co-author with Anne Rodgers, "Antitrust: Trending Away From Litigation?" Fulbright & Jaworski L.L.P. Trends in Energy Litigation, May 2007
- Co-author with Anne Rodgers, "Fifth Circuit Erects 'Loss Causation' Hurdle to Certification of Securities Class Actions Based on Fraud-on-the-Market Theory," Fulbright & Jaworski L.L.P. Briefing, May 2007
- "Is Dagher New Law? - Implications for Joint Venture Counseling," The Energy Antitrust News, Winter 2006
- Co-author with Richard Zembek and Daniel Leventhal, "FTC Finds Rambus Unlawfully Obtained Monopoly Power as Part of Involvement in a Standard-Setting Body and Violation of its IPR Policy," Fulbright & Jaworski L.L.P. Client Alert, August 2006
- Co-author with Joshua D. Lichtman, "The Filed Rate Doctrine as Applied to Alleged Manipulation in the Wholesale Natural Gas Market: A Defense Perspective," The Antitrust Source, September 2005
- "How to Best Use Cutting Edge Technology to Reduce Discovery Costs Without Getting Into Trouble," Fulbright & Jaworski L.L.P. seminar, December 15, 2011
- "A Review of US. v. Stevens and Takeaways for In-House and Outside Counsel," Fulbright & Jaworski L.L.P. seminar, October 27, 2011
2000 - J.D., University of Texas School of Law
1996 - B.A., summa cum laude, History and English (minor), Sam Houston State University
While in law school Carlos was an Environmental Law National Moot Court Champion and a member of the Board of Advocates. He was a recipient of the M. Baker Scholarship, Exxon Corporate Achievement Scholarship and the Whitfield J. Collins Presidential Endowed Scholarship in Law. He was admitted to practice in Texas in 2000, and is admitted to practice before the United States District Courts for the Southern District of Texas, Eastern District of Texas and Western District of Texas.



