Carlos Soltero heads the firm's Litigation Group. He primarily represents individuals, lawyers and small businesses in courtroom disputes ranging from commercial, intellectual property and technology, to malpractice, personal injury and wrongful death cases. He tries a wide range of cases as a first chair or in a supporting role to juries, judges and arbitrators as well as handling dispositive or case-altering hearings. He serves on the firm’s Management Committee, and manages the South Texas Practice. Carlos is fully bilingual and a native Spanish speaker.

Recently, Carlos' work has included defending five software engineers in a non-compete and trade secret claim where their former employer claimed, among other things, that the Internet of Things is its trade secret; working on appeals of complex legal issues for Texas landowners and a health insurer; and representing clients in wrongful death and personal injury cases involving trucking and other accidents.

Carlos is frequently asked close to trial to lead a case or assist as co-counsel with witnesses or jury instructions and other trial work. He represents other lawyers and assists them in a range of professional and personal litigation matters. Carlos has also published and lectured in various areas relating to trial and pretrial practice — including jury selection, expert challenges, attorneys' fees, discovery, choice of law in private international litigation and employment discrimination.

Carlos has been selected to the Texas Super Lawyers Rising Star list, a Thomson Reuters service, (2004-2009) and the Texas Super Lawyers list, a Thomson Reuters service, (2012-2016) and is Board Certified in Personal Injury Trial Law.

 

COMPLEX BUSINESS LITIGATION

Carlos has represented clients in a wide range of business and employment litigation matters in federal and state courts. His experience in achieving meaningful results in very challenging cases includes:

  • Obtaining a Fifth Circuit opinion in 2016 affirming summary judgment for an insurer in a dispute over applicability of narcotics exclusion to insurance coverage.
  • Assisting in the defense of a client in an oil and gas dispute where plaintiffs sought damages in excess of $100 million. Carlos also assisted in prosecuting the client's counterclaims for misappropriation of trade secret seismic data in the Louisiana bench trial.
  • Obtaining dismissal of defamation claim against client seeking $2.5 million in damages in federal court in Austin.
  • Obtaining a take-nothing judgment in the defense of a Mexican customs broker in a federal court bench trial in Houston.
  • Obtaining a no-liability judgment at trial in the defense of a real estate agent against charges of breach of contract and fraud in a Travis County bench trial.
  • Recovering substantial assets on behalf of clients defrauded out of $26 million as part of a Ponzi scheme.
  • Obtaining a judgment in Hill County for the full amount of a construction debt dispute (including jury-awarded attorneys’ fees), which was affirmed on appeal.
  • Obtaining dismissal of breach of life insurance claim for insurer client in face of pending hearing on summary judgment in Travis County.
  • Representing land owner in nuisance dispute arising from the placement of a cell phone tower on adjacent property which interfered with client’s pre-existing use of a private airstrip.
  • Obtaining a favorable, case-changing, choice-of-law ruling applying Puerto Rican Ley 75 in an arbitration between a pump manufacturer and a Puerto Rican distributor.
  • Representing a health insurer plaintiff in an unfair competition case in Bexar County arising from a conversion campaign between a competing health plan, agents and a physicians' group and involving allegations of misusing confidential information.
  • Defending five software engineers from claims of misappropriation and breach of covenants in Travis County from suit brought by former employer.
  • Assisting in the defense of a nonprofit client in a dispute over control of a Dallas-Fort Worth area hospital. In the matter, the plaintiffs made claims seeking damages in excess of $200 million.
  • Assisting in defense in Travis County district court of a life insurer against attempts by a Brazilian national to domesticate a default judgment rendered against the insurer after invalid service purportedly through a broker. The case was affirmed on appeal.
  • Assisting in obtaining an injunction and judgment in federal court in Austin in favor of a manufacturer in a Lanham Act and defamation case.

 

South Texas Litigation 

Carlos frequently handles matters in state and federal courts throughout South Texas including Atascosa, Brooks, Cameron, Dimmit, Duval, Hidalgo, Jim Wells, LaSalle, Maverick, Nueces, Webb and Zavala counties. Carlos has represented plaintiffs and defendants in serious personal injury and wrongful death cases, including trucking accidents, shootings, toxic tort cases and business litigation matters.

His experience includes:

  • Assisting in the representation of a mobile home company and an employee in various disputes filed throughout South Texas including Duval County, Jim Wells County and federal court in Corpus Christi.
  • Assisting in representing mineral rights and land owners in property disputes in LaSalle County. Obtaining a case-altering favorable ruling in Webb County on applicable choice of law in the defense of a Mexican trucking company in a multi-death wrongful death lawsuit arising from an accident in Mexico.
  • Assisting in obtaining summary judgment against a challenge to the validity of a family mineral trust based on the rule against perpetuities in Webb County dispute.
  • Obtaining dismissal of a client based on lack of personal jurisdiction in a business dispute filed in Maverick County.
  • Assisting in representation of landowner in pipeline condemnation case in La Salle County. The matter settled for a confidential amount during jury selection.
  • Arguing the appeal that obtained the reversal of an improperly granted summary judgment, based on a so-called “unlawful acts” defense in a wrongful death case on behalf of family members of the deceased. Texas Supreme Court affirmed the ruling on the "unlawful acts" aspect of the case.
  • Obtaining a summary judgment in Webb County for a parent sued for the alleged negligent entrustment of a firearm and vehicle. The case was affirmed on appeal.
  • Defending a forwarder against claims made under the Carmack Amendment in federal court in Laredo in a matter involving lost shipments in Mexico.
  • Obtaining a favorable settlement in a personal-injury case on the eve of federal trial in Del Rio. The matter involved a father and son who were injured at a restaurant as the result of an automobile collision.

Personal Injury & Wrongful Death

Carlos represents plaintiffs and defendants in personal injury and wrongful death cases and is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Recent cases have included serious trucking and other accidents.

His experience in this area encompasses:

  • Representing family members in a landmark wrongful death and survival action in which he obtained a jury verdict and settlement for the widow and child of a man shot, killed and abandoned by the employees of a Webb County ranch company.
  • Assisting in the representation of a family in a wrongful death case against a trucking company and a road construction company. The case settled during trial in Zavala County.
  • Assisting with jury issues in the trial of a pharmaceutical case in Oklahoma City state court against the manufacturer of BOTOX®. The jury verdict was affirmed on appeal.
  • Assisting family members of a man who died in a vehicular accident in Texas defeat attempts to apply foreign (Mexican) law in wrongful death case in Jim Wells County.
  • Obtaining a no-negligence verdict in the defense of a nurse and hospital in a malpractice jury trial in Harris County.
  • Obtaining favorable judgments in cases representing clients assaulted at bars and nightclubs, one of which was affirmed in part by the Supreme Court of Texas as to the security guard.
  • Representing plaintiff in pharmacy malpractice dispute arising from improperly filled prescription in Bexar County.

Professional Liability Litigation 

Carlos has represented lawyers and law firms in a range of matters. His experience includes:

  • Assisting in the defense of a law firm in a legal malpractice action in federal court jury trial in San Antonio, involving claims arising from patent matters and seeking in excess of $100 million.
  • Assisting in obtaining the dismissal in Travis County of a law firm client in a securities suit alleging misrepresentations. The case was affirmed on appeal.
  • Obtaining summary judgment in Webb County for attorney in defense of claims alleging breach of fiduciary duties.
  • Representing a law firm in a dispute alleging misuse of confidential information and invasion of privacy.
  • Representing lawyers and law firms in fee disputes.

Employment Law

Carlos has represented employees and employers in a variety of employment litigation matters. His work has involved claims of employment discrimination on the basis of race, age, national origin, disability, gender and retaliation, as well as claims under the Fair Labor Standards Act (FLSA), and other types of claims.

Carlos has assisted corporate clients in reaching strategic settlements. He has also obtained injunctive relief and defeated attempts to enjoin clients from being able to work in non-compete and unfair competition disputes.

Other key experience includes:

  • Assisting in obtaining a summary judgment in federal court in Waco on behalf of an employer in an FLSA case filed as a collective action. The judgment was affirmed by the Fifth Circuit.
  • Obtaining a temporary injunction in federal court in Galveston in a matter arising from the violation of a non-compete agreement by a trucking-broker employee. The injunction led to a resolution in the dispute.
  • Arguing an appeal to the Fifth Circuit that resulted in the reversal of an improperly granted summary judgment and directed verdict in a race and age discrimination case.

Unmanned Aircraft Systems (UAS)

  • Representing client in constitutional challenge to Texas statute regulating drone activity.  
  • Assisting in analyzing intersection of federal and state laws pertaining to UAS.
  • Attending conferences regarding emerging UAS and IOT standards in Seattle, Embry-Riddle University, Washington, D.C., and Austin, as well as being asked to speak on drone law issues in Seattle and other locations.
  • Board Certified, Personal Injury Trial Law, Texas Board of Legal Specialization
  • Benchmark Litigation, Local Litigation Star, Intellectual Property (2017)
  • Texas Super Lawyers list, a Thomson Reuters service, General Litigation (2012-2015)
  • Texas Super Lawyers Rising Star list, a Thomson Reuters service (2004-2009)

  • Robert W. Calvert American Inn of Court (2001-2007)
  • State Bar of Texas (Court Rules Committee 2007 to present) (Vice-Chair 2012-14, Chair 2014-2016) 
  • State Bar of Texas Business, Consumer & Employment Pattern Jury Charges, Vol. 4 (Committee 2001-2007, 2016-present)
  • American Board of Trial Advocates (ABOTA)--Austin Chapter (2016-present)
  • Interviews on Univsion discussing Supreme Court issues involving Latino community
  • The University of Texas (Lecturer, Spring 2001)
  • Center for U.S. and Mexican Law (Advisory Board Member 2012-2015)