Dylan Proctor is a seasoned attorney who focuses on high-stakes litigation at every stage—from pre-trial through appeal. A partner since 2006, Dylan has led the firm’s efforts in nine- and ten-figure disputes across the country and internationally. Clients turn to Dylan to help solve their most challenging business litigation problems.
Known for his tenacity and strategic vision, Dylan brings decades of experience in complex civil litigation to every case. His background ranges from corporate governance disputes (including partnership and other founder disputes, M&A and busted deal cases, hostile takeover litigation, fiduciary duty claims and more), to investment fund disputes (internal between firm members, and external between firms), to competition disputes (non-compete litigation, antitrust claims, and other unfair competition matters), to fraud and contract litigation (securities claims, RICO, etc.), to intellectual property disputes (involving trade secrets, copyrights, design patents, trademarks and trade dress), to constitutional disputes (involving takings, the dormant commerce clause, due process, and first amendment disputes, among others). In addition to leading U.S. matters, Dylan acts as coordinating counsel for high-stakes multi-national disputes.
Dylan’s comprehensive background and experience, combined with his creative approach to complex litigation, enables him to see angles and opportunities that other lawyers miss. This has led to unprecedented results, with novel theories developed by Dylan ultimately carrying the day—either at trial or, if necessary, on appeal.
Examples of Dylan’s victories include:
- Obtaining reinstatement on appeal of a nearly $150 million judgment in California state court, reversing the trial court’s finding of juror misconduct requiring a new trial.
- Prevailing at the U.S. Supreme Court on the scope of design-patent damages, establishing new article-of-manufacture limitations and vacating a more than $1 billion judgment.
- Obtaining, and defending on appeal, dismissal on the pleadings with prejudice of nine-figure fraud claims, after executing strategy to transfer claims from Texas state court to Delaware federal court.
- Prevailing in the Ninth Circuit on reversal of a more than $200 million trade-secrets judgment based on previously-unchartered compulsory counterclaim-in-reply limitations, and then obtaining summary judgment on remand.
- As the plaintiff, obtaining injunction in New York specifically enforcing non-compete obligations, notwithstanding residence and operations of former partners in California.
- As the plaintiff, obtaining terminating sanctions including a full award of damages and entry of injunction halting sales of competing product.
Aside from these and other public successes, Dylan has also prevailed in arbitration and reached favorable settlements in a number of very significant, but confidential, matters.
Before joining Quinn Emanuel, Dylan graduated in the top 2% of his class from NYU School of Law and clerked for the Chief Judge of the Eastern District of New York.
Dylan’s current and past clients include IQVIA, Advantech, Bluestem, Plume, Samsung, Expedia, Mattel, Snapchat, Hillhouse, TPG, Foresite, Integrated Whale Media Investments, DreamWorks Animation, Seed Beauty, and other private equity funds, companies and investors.
Examples of Dylan’s non-confidential successes include:
- In a California real estate dispute, obtained reinstatement on appeal of $150 million tort judgment, reversing trial court’s grant of new trial following successful jury trial.
- In New York, obtained injunction specifically enforcing non-compete and related obligations precluding competition by firm’s former partners in California.
- For Samsung against Apple, prevailed in the U.S. Supreme Court on novel issues of design-patent damages; obtained reversal of a nine-figure trade-dress judgment by invalidating Apple’s claimed iPhone trade dress on appeal; and defeated, at both trial and appellate levels, requests for permanent injunctions halting sales of Samsung products.
- In Montana, obtained dismissal on the pleadings with prejudice of $300 million RICO claims against a venture capitalist.
- Following a failed business acquisition, obtained rare order dismissing nine-figure fraud claims on the pleadings, after obtaining orders transferring litigation from Texas state court to Delaware federal court (following anti-suit injunction, removal and transfer), and successfully defended judgment on appeal.
- For Mattel, obtained appellate judgment vacating verdicts of liability for trade-secret misappropriation and nine-figure damages award, and summary judgment thereafter. Separately defeated antitrust claims seeking more than $1 billion in damages.
- Obtained favorable judgment on all claims and counterclaims following imposition of sanctions, including damages award and fee-shifting. Also obtained injunction requiring competitor to cease all product sales and to post a website notice of its infringement, and defended injunction on appeal.
- Obtained multi-year stay shortly after retention in franchise dispute, forcing highly favorable settlement providing for judgment of injunctive and declaratory relief and dismissal of price discrimination counterclaims.
- Defeated purported UCL class action seeking to invalidate employee inventions agreements on motion to dismiss.
- For ConAgra, obtained dismissal with prejudice of UCL and CLRA false advertising putative class action related to food products, on the pleadings and without the need for discovery.
- Obtained defense judgment on the pleadings, before discovery, in fraud and unfair competition action brought by franchisee against Shell Oil Company relating to the terms of the parties' franchise agreement.
- Obtained pre-trial dismissal of eight claims, and defense judgment after five-week jury trial on the one remaining claim, in a case brought by a dozen retail gasoline dealers against Shell Oil Company raising a variety of fraud, contract and antitrust (price discrimination, predatory pricing, etc.) claims.
- After substituting in as counsel one month before trial, obtained pretrial order striking damages claims and jury demand in price discrimination action brought by gasoline dealers against Shell Oil Company.
- Obtained favorable settlement on behalf of insurance company on the eve of punitive damages trial after substituting for prior counsel, despite prior determination that client had denied insurance coverage in bad faith.
- Obtained favorable settlement, including nearly entire sum demanded, on behalf of a private investor immediately after filing complaint alleging fraud and securities violations.
- Obtained dismissal of Ninth Circuit appeal on motion, avoiding the need for merits briefing.
- In pro bono matter, obtained permanent civil rights injunction under 42 U.S.C. § 1983 against ongoing Establishment Clause violations by the State of California.
- In pro bono matter, obtained extremely rare order releasing life prisoner, who was non-violent and had been a model prisoner for more than 20 years, on parole after 28 years' incarceration.
- In pro bono matter, obtained rare order from California Supreme Court vacating death sentence on habeas review based on Brady violations and other misconduct.
- Antitrust & Competition
- Entertainment & Media Litigation
- Appellate Practice
- Copyright Litigation
- Art Litigation
- Civil Litigation
- Commercial Litigation
- Delaware Practice
- Domestic U.S. Arbitration
- Employment Litigation
- Hedge Fund Litigation
- International Disputes
- Investment Advisor & Asset Manager Litigation
- Mergers & Acquisitions Litigation
- Partnership and Founders Dispute Litigation
- Private Equity Fund Litigation
- Real Estate Litigation
- Securities Litigation
- Trade Secret Litigation
- Trademark, Trade Dress, Unfair Competition/False Advertising, and Publicity Rights Litigation
- Venture Capital Litigation
- New York University School of Law
- (J.D., magna cum laude, 2000)
- New York University Law Review:
- Articles Editor
- Butler Scholar (awarded to top 2.5 percent of class)
- Order of the Coif
- New York University Law Review:
- University of California, Berkeley
(B.A., 1996)
- The State Bar of California
- United States District Court:
- Central District of California
- Southern District of California
- Northern District of California
- Eastern District of California
- United States Court of Appeals:
- Ninth Circuit
- Federal Circuit
- United State Supreme Court
- Law Clerk to the Hon. Charles P. Sifton:
- United States District Court for the Eastern District of New York, 2000-2001
- "Using The Spending Power To Circumvent City Of Boerne v. Flores: Why The Court Should Require Constitutional Consistency In Its Unconstitutional Conditions Analysis," 75 N.Y.U. L. Rev. 469 (2000)