Carlos R. Rainer
Norton Rose Fulbright US LLP
Carlos R. RainervCard
Related services and key industries
Carlos concentrates his practice primarily on complex business and corporate litigation and is recognized as a leading attorney in matters of business disputes, corporate governance and compliance, internal investigations, and government enforcement actions and proceedings. Carlos routinely handles disputes with amounts in controversy in the tens of millions of dollars and advises clients on matters posing significant legal, regulatory and enterprise risks to their businesses.
- Recognized in 2004 as a "Lawyer on the Fast Track"
- Selected as one of "Houston's Top Lawyers" for business litigation in 2010
- Selected as a "Rising Star" among Texas lawyers for ten consecutive years from 2004 to 2014
- Selected in 2014-2017 as a "Super Lawyer" in Texas for business and commercial litigation
Clients and peers identify Carlos as a go to lawyer and a trusted advisor. His client roster consists of diverse group of clients, including energy companies, investment, financial and professional services firms, banks, transportation and distribution companies, technology firms, construction businesses, and industry associations and trade groups, among others. In-house counsel, executive management, business principals and directors of private and public companies routinely seek out Carlos for representation in litigation matters and other business disputes and controversies.
Carlos's litigation experience covers both state and federal forums, having represented clients in both federal and state courts in various matters involving business and commercial disputes, business torts, breach of contract, fiduciary duty litigation, partnership and joint venture disputes, majority and minority shareholder disputes, banking disputes, debtor and creditor disputes, antitrust and securities litigation, class action suits, commercial bribery and fraud, shareholder derivative actions, slander and business disparagement, theft of trade secrets and covenant and non-competition litigation.
Carlos is admitted to practice in the Northern, Eastern, Western and Southern Districts of Texas.
JD, University of Texas School of Law, 2000
BA, summa cum laude, History and English (minor), Sam Houston State University, 1996
While in law school Carlos was a 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 is admitted to practice in and before the Fifth Circuit Court of Appeals and United States District Courts for the Northern District of Texas, Southern District of Texas, Eastern District of Texas and Western District of Texas.
- Texas State Bar
Carlos's significant and representative engagements include:
- Representing client in class action brought by The State of Texas and Texas Commissioner of Insurance challenging various insurance practices involving, among other things, switching policyholders between various forms of coverage and use of catastrophe loads, credit scoring and other information to calculate premiums. The suit asserted claims for unfair discriminatory practices associated with premium discounts in addition to claims for inadequate notice of adverse actions taken against policyholders due to negative credit history. The litigation involved pre-certification hearing and class objector discovery, class certification briefing, evidentiary class certification hearings, interlocutory appeals of certification rulings, court approval of settlement classes and settlement agreement, and pleas in intervention, among other phases of class litigation.
- Representing client in class action brought by plaintiffs on behalf of hundreds of thousands of Texas policyholders alleging deceptive and discriminatory credit scoring practices, violations of the Texas' Deceptive Trade Practices Act and Article 21.21 of the Texas Insurance Code, and breach of contract and various common law claims. The litigation involved pre-certification hearing and class objector discovery, class certification briefing, evidentiary class certification hearings, interlocutory appeals of certification rulings, court approval of settlement classes and settlement agreement, and pleas in intervention, among other phases of class litigation.
- Representing clients in various class actions alleging deceptive trade practices in violation of Article 21.21 of the Texas Insurance Code and breach of fiduciary duty in connection with management fees assessed. The litigation involved pre-certification hearing and class objector discovery, class certification briefing, evidentiary class certification hearings, interlocutory appeals of certification rulings, court approval of settlement classes and settlement agreement, and pleas in intervention, among other phases of class litigation.
- Representing client in class action seeking declaratory relief that Texas policyholders were entitled to renew HO-B homeowners insurance policies. The class sought a declaration that the client could not unilaterally non-renew policies based on losses alleged to be within the risk assumed under the policy forms at issue; that policyholders are contractually protected from blanket non-renewals; and that the client could not withdraw coverage. The litigation involved class certification briefing, multiple evidentiary class certification hearings, multiple interlocutory appeals of certification rulings, among other phases of class litigation.
- Representation of client in $2 billion recapitalization fraudulent transfer litigation.
- Representation of major equipment manufacturer in defeat of shareholder derivative litigation seeking to block $1 billion merger.
- Representation of table saw manufacturer in antitrust litigation brought by automatic injury mitigation technology firm asserting group boycott claim alleging over $450 million in damages.
- Representation of client in $150 million arbitration dispute.
- Representation of theatre chain in antitrust litigation alleging antitrust violations related to established film licensing practices.
- Representation of client in $40 million dollar litigation alleging breach of contract, conversion and fraud claims relating to disputed oil and gas interests.
- Representation of private equity firm in $30 million fraud and professional liability litigation.
- Representation of major energy services contractor in $30 million lawsuit 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 waste service company in $10 million lawsuit brought by commercial plaintiff alleging breach of contract, breach of fiduciary duty, tortious interference, negligence and fraud.
- 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 lender in $8 million loan default litigation.
- Representation of broker dealer and 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 onshore drilling service provider in litigation seeking the recovery of $70 million wrongfully diverted.
- 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 US anti-bribery and anti-corruption laws.
- SHSU Most Outstanding Young Alumnus Recipient, Sam Houston State University, 2014
- Texas Super Lawyer, Business Litigation, Thomson Reuters, 2014-2018
- Texas Rising Star, litigation, Thomson Reuters, 2004 - 2014
- Houston top Lawyer, business litigation, H Texas Magazine, 2010
- Lawyer on the Fast Track, H Texas Magazine, 2004
- "DOJ declines prosecution under FCPA cooperation policy," Norton Rose Fulbright - Legal update, March 2019
- "Important changes announced to DOJ policy regarding cooperation of business entities and pursuit of individual defendants in criminal and civil investigations," Norton Rose Fulbright - Legal update, February 2019
- Co-author, "Supreme Court Holds Individuals Must Report to the SEC to Qualify as Whistleblowers under Dodd-Frank, Norton Rose Fulbright - Legal update, February 2018
- Co-author, "Compliance Clues In DOJ Antitrust Official's Remarks," Law360, February 29, 2016
- "Far Beyond Double Jeopardy: Global Antitrust Enforcement, Duplicative Punishments, and the Need for Effective Compliance," Bloomberg BNA, Antitrust & Trade Regulation Report, January 2016
- Co-author, "Internal investigation report absolutely privileged," Norton Rose Fulbright - Legal Update, June 2015
- Co-author, "Spotting issues before it's too late: Enforcement surge and record antitrust criminal fines may warrant a compliance reboot," Norton Rose Fulbright - Legal update, March 26, 2015
- Co-author, "Fifth Circuit reverses antitrust judgment against trade association," Norton Rose Fulbright - Legal update, January 28, 2015
- "Trade associations remain under FTC lens," Norton Rose Fulbright - Legal Update, January 2, 2015
- Co-author, "US: Energy," The Antitrust Review of the Americas 2015, September 2014
- Co-author, "US and EU Antitrust Enforcement: Understand The Differences to Avoid Missteps," Corporate Counsel Newsletter (Spring 2014)
- Co-author, "10 things to know about EU antitrust enforcement and regulation in the energy sector," Norton Rose Fulbright Briefing, January 2014
- Co-author with Peggy A. Heeg and Lauren Etlinger, "DOJ Comments on Proposed Quarterly Reporting Requirements for Natural Gas Transactions and Warns of Potential Anticompetitive Effects," Fulbright Briefing, February 5, 2013
- 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
- Cross-Border Investigations: Policy, Enforcement, and Compliance (Part 1), In-House Focus – CLE panel roundtable discussion of key enforcement trends, priorities, and risks relating to the FCPA, US sanctions, and antitrust, including discussion on DOJ's Corporate Enforcement and "Piling On" policies, the Yates Memo and individual liability, multi-jurisdictional and interagency coordination, and the evolving US sanctions landscape, November 2018 - https://inhousefocus.com/program_catalog/investigations-norton-marathon/
- Energy Sector Antitrust Update – "The Department of Justice (DOJ) Sentencing Memorandum in US v. Kayaba Industry Company and Potential Implications for Antitrust Compliance Programs," January 2016
- Antitrust Enforcement Update - KPMG Risk Series Share Forum, January 2016
- "Antitrust Compliance – Spotting Issues Before It's too Late…," Texas State Bar Corporate Counsel June 2015 Annual Meeting - https://www.youtube.com/embed/Xuuqs6r4P18
- Energy Sector Antitrust Update – A Review of Tenth Circuit Decision In re Urethane Antitrust Litig., affirming $1 billion dollar class action jury verdict in alleged horizontal price-fixing conspiracy involving specialty chemical manufacturers, December 16, 2014
- Energy Sector Antitrust Update - Michigan Attorney General Criminal Bid Rigging Case and Brent Crude Oil Market Manipulation Follow on Litigation, September 16, 2014
- "Antitrust for HR Professionals," June 2014
- "Antitrust Issues with Analyst Presentations," April 2014
- "Antitrust – Competitor Collaborations," December 2013
- "Antitrust – Joint Ventures," December 2013
- "Antitrust Considerations When Dealing With Industry Competitors," Annual Compliance and Ethics Summit, November 2013
- "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
- American Bar Association
- Houston Bar Association
- Houston Young Lawyers Association
- Children's Museum of Houston, Advisory Board
Publication | March 2019
Publication | February 2019
Video | June 2019