M. Carter Crow

Partner-in-Charge, Houston

Fulbright & Jaworski LLP

M. Carter  Crow

Houston

T:+1 713 651 5218

F:+1 713 651 5246

Carter Crow is the Partner-in-Charge of Norton Rose Fulbright's Houston office. His practice encompasses a wide range of litigation and arbitration matters, with a focus on employment litigation.  

With an active trial practice, Carter has litigated in both state and federal courts as well as before the American Arbitration Association (AAA) and international arbitration tribunals, such as the ICC.

Carter has been consistently recognized by several publications for his work in employment law, including Chambers USA, Best Lawyers and Thompson Reuters.

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  • Education

    1991 - J.D., with honors, The University of Oklahoma College of Law
    1988 - B.S., with honors, Accounting, Oklahoma State University

    Carter was a published author and a member of the Oklahoma Law Review while in law school. He was admitted to practice law in Texas in 1991.

  • Representative experience

    Wage and Hour Litigation

    Representing employers in wage and hour disputes under the Fair Labor Standards Act ("FLSA") for improper payment or classification of workers, including collective actions. Recent examples include:

    • Offshore construction firm in a collective action for failure to pay overtime to workers under the FLSA
    • Oilfield services firms in FLSA collective actions in which the plaintiffs claimed that they were forced to work off the clock.
    • Commodities testing firm in an FLSA case in which the plaintiffs claimed their expense reimbursements should have been included in their overtime rate. 
    • Exploration and production firm in a collective action for misclassification of independent contractors under the FLSA
    • Oilfield services firm in a collective action for misclassification of workers under the FLSA
    • International construction firm in a case filed by the Department of Labor alleging that the employer improperly claimed the Motor Carrier Act exemption under the FLSA
    • Public restaurant company in a claim for failure to maintain a proper tip pool under the FLSA
    • Companies sued in California under the California wage and hour laws
    • Insurance company sued for improperly classifying workers as independent contractors instead of employees

    Employee / Executive / Partnership Contract Litigation

    Representing companies and individuals in disputes over contracts and compensation issues; claims include claims for breach of employment contracts, partnership agreements, stock purchase agreements, asset purchase agreements and stock option valuations. Recent case experience includes:

    • Public energy company in a dispute over a bonus allegedly owed under an executive employment agreement
    • Energy hedge fund in a dispute with a trader over bonuses allegedly owed to the trader
    • Communications firm in a dispute over a change of control bonus allegedly owed to an employee
    • Individuals who claimed that the buyer of their company had failed to properly calculate their earn-out payments
    • General partner in litigation with a limited partner over the terms of the partnership agreement

    Trade Secrets / Non-compete Agreements / Non-solicitation Agreements

    Representing clients in disputes over the protection of trade secrets, and the enforcement of non-compete and non-solicitation agreements. Recent experience includes:

    • Technology firm in obtaining an injunction after its COO went to work for a competitor
    • Industrial cleaning firm who sued to prevent its COO from becoming the CEO of a major competitor
    • Heavy equipment distributor in obtaining an injunction after a group of employees started a competing firm
    • Engineering and construction firm in obtaining an injunction against its former COO who was planning to work for a competitor
    • Financial services firm after key sales employees joined a competitor and attempted to take key clients to the new firm
    • Chemical manufacturer in obtaining an injunction when a competitor failed to honor its obligations under a contract

    General Employment Law Matters

    Handling a wide variety of employment law matters; matters include retaliation and discrimination claims under state and federal law and all types of employment policies and procedures. Recent experience includes: 

    • Advising and defending clients from whistle blower claims under Section 806 of the Sarbanes-Oxley Act of 2002; these matters often entail advising a company's board of directors with respect to employee investigations and appropriate actions following employee investigations; this includes internal investigations conducted in conjunction with governmental investigations and federal subpoenas
    • Representing companies in multi-plaintiff discrimination cases
    • Preparing employment agreements, confidentiality agreements, non-compete agreements and non-solicitation agreements for public and private companies and individuals
  • Professional activities
    • American Bar Association
      • Labor and Employment Law Section
      • Commercial Litigation Section
    • State Bar of Texas
    • Houston Bar Association
      • Board of Directors (2007 - 2013)
    • Houston Management Lawyers Forum, President (1998 - 1999)
  • Professional honors
    • Chambers USA - Texas: employment law, Chambers and Partners (2005 - 2013)
    • The Best Lawyers in America - Best Lawyers (2005 - 2014)
    • Texas Top Rated Lawyer - LexisNexis Martindale-Hubbell (2012 - 2013)
    • Texas Super Lawyers - Thomson Reuters (2006 - 2013)
    • Texas Rising Star - Thomson Reuters (2005 - 2006)
  • Speaking engagements
    • Co-presenter, "Class Actions: Implications of Recent Supreme Court Decisions," Fulbright & Jaworski L.L.P. Web Seminar, June 30, 2011
    • Co-presenter, "Employment Practices and Defenses in Employee Claims: What Does the Future Hold?" Fulbright & Jaworski L.L.P. Web Seminar, June 29, 2011
    • Co-presenter, "Warning! Automatic Lunch Deductions Top the Menu for Plaintiffs' Lawyers," Fulbright & Jaworski L.L.P. Web Seminar, March 23, 2010
    • Co-presenter, "Labor and Employment Law Update -  State of the Employment at Will Doctrine in Texas," Fulbright & Jaworski L.L.P. Breakfast Briefing, Houston, Texas,  February 24, 2010
    • Moderator, "Recent Developments in Attorney-Client Privilege - Hot Issues in Attorney-Client Privilege: Investigations & International Issues," Fulbright & Jaworski L.L.P. Breakfast Briefing, Houston, Texas, October 7, 2008
    • Co-presenter, "Labor and Employment Law Update - Recent Developments in FLSA Litigation and Section 409A Final Regs and What They Mean," Fulbright & Jaworski L.L.P. Breakfast Briefing, Houston, Texas, June 17, 2008
  • Civic involvement
    • The Children's Fund, Inc. (venture-capital charity for children's causes), member (2000 - 2005)
    • Christ the King Presbyterian Church, Elder
  • Licenses
    • Texas State Bar License
  • Interests

    Some of Carter's interests include salt water and fresh water fishing, and coaching youth sports.