Dylan Proctor is an accomplished and recognized expert in high-stakes complex litigation. In his twenty years as a partner of the firm, Dylan has led the firm’s efforts in numerous nine- and ten-figure disputes. Clients turn to Dylan to help solve their most challenging litigation problems, wherever and whenever those problems arise.
Known for his tenacity and strategic vision, Dylan brings extensive experience in virtually all types of 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 private investment fund disputes (involving all types of firms and both internal and external disputes), to competition disputes (non-compete litigation, trade-secret claims, whistleblower claims and more), to a wide range of commercial litigation (securities claims, RICO, fraud, contract, etc.), to constitutional disputes (involving the takings clause, the dormant commerce clause, due process issues and more). In addition to leading matters in tribunals across the United States, Dylan often acts as coordinating counsel for multi-national disputes.
Dylan’s comprehensive background and experience – combined with his uniquely creative and tenacious approach to complex litigation – enables him to see angles and opportunities that other lawyers miss. This has led to many unprecedented results, with novel theories developed by Dylan ultimately carrying the day – whether in settlement, at trial or on appeal.
A few examples of Dylan’s public victories include:
- 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 reinstatement of $150 million jury award upon reversal on appeal of new trial order in California state court.
- Obtaining, and defending on appeal, dismissal of nine-figure fraud claims after executing strategy to transfer claims from Texas state court to Delaware federal court.
- Obtaining reversal in Ninth Circuit of $200+ million trade-secrets judgment based on previously-unchartered counterclaim-in-reply limitations, and then summary judgment.
- Obtaining federal court injunction in the SDNY specifically enforcing non-compete obligations notwithstanding residence and operations of former partners in California.
Aside from his public successes, Dylan has prevailed in a large number of significant but confidential matters, including a wide variety of matters for private investment firms and their founders and partners.
Before joining Quinn Emanuel, Dylan graduated in the top 2% of his class from NYU School of Law and clerked in federal court for the Chief Judge of the Eastern District of New York.
Dylan’s current and past clients include IQVIA, Advantech, Golub Capital, Foresite, Eterna, Cerberus, Samsung, Expedia, Mattel, Snapchat, Hillhouse, TPG, and many other private investment 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)- N.Y.U Law Review:
- Articles Editor
- Butler Scholar - awarded to top 2.5 percent of graduating class
- N.Y.U Law Review:
- University of California, Berkeley
(B.A. in Philosophy, 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:
- Eighth Circuit
- Ninth Circuit
- Federal Circuit
- United States 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)