Proctor, B. Dylan

B. Dylan Proctor

Partner

  Biography

Mr. Proctor joined Quinn Emanuel in 2001 and has been a partner in the Los Angeles office since 2006.  His practice focuses on complex, high-stakes trial-level litigation, particularly when involving copyrights, trademarks, trade-secrets or other intellectual property, or allegations of fraud, breach of contract, unfair competition, antitrust or RICO violations, or other business torts.  In addition to trial work, Mr. Proctor spends a substantial portion of his time on state and federal court appeals.  Recently, Mr. Proctor has represented Mattel in its much-publicized legal battle with MGA, Samsung in its disputes with Apple, Snapchat in defending against alleged partnership claims, and other entities and individuals in prominent disputes nationwide.

Before joining Quinn Emanuel, and after graduating in the top 2% of his class from NYU Law, Mr. Proctor clerked for the Hon. Charles P. Sifton, Chief Judge of the Eastern District of New York.

  Representative Clients

  • Mr. Proctor's current and past clients include Mattel, Samsung, Snapchat, DreamWorks Animation, Knowledge Universe, DirecTV, Schwab, American Rena, Franchise Pictures, Shell Oil Company, and other companies and individuals.

  Notable Representations

  • Obtained prohibitory and mandatory preliminary injunction requiring competitor of American Rena to cease all sales of infringing products, to turn over all such products and to post a website notice of its infringement, and successfully defended this injunction on appeal to the Ninth Circuit Court of Appeals.
  • For Mattel, obtained order from Ninth Circuit vacating verdicts of liability for alleged trade-secret misappropriation and damages award of more than $170 million, and separately defeated antitrust claims purportedly worth $3 billion and RICO claims with similar alleged stakes.
  • Obtained multi-year stay shortly after retention in franchise dispute, forcing a highly favorable settlement providing for judgment of injunctive and declaratory relief and dismissal of price discrimination counterclaims.
  • Defeated purported class action seeking to invalidate Mattel's employee inventions agreements on unfair competition and other legal theories, and obtained ruling upholding the enforceability of such agreements, on motion to dismiss.
  • 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.  Also obtained detailed findings of fact and conclusions of law rejecting all claims for injunctive relief.
  • 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 a published decision publicized in the legal press, obtained permanent civil rights  injunction under 42 U.S.C. § 1983 against ongoing Establishment Clause violations by the State of California.
  • 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.
  • Obtained extremely rare order from California Supreme Court vacating death sentence on habeas review based on Brady violations and other misconduct.

  Practice Areas

  • Antitrust & Trade Regulation
  • Appellate Practice
  • Intellectual Property Litigation
  • Media & Entertainment Litigation
  • Copyright Litigation

  Education

  • 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

  • University of California, Berkeley
    (B.A., 1996)

  Admissions

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

  Prior Associations

  • Law Clerk to the Hon. Charles P. Sifton:
    • United States District Court for the Eastern District of New York, 2000-2001

Publications and Lectures

  • "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)