B. Dylan Proctor
Los Angeles Office
Antitrust and Trade Regulation
Intellectual Property Litigation
Entertainment and Media Litigation
"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)
Member, The State Bar of California
Mr. Proctor joined Quinn Emanuel in 2001 and is a partner in the Los Angeles office. His practice focuses on complex litigation, particularly when involving intellectual property disputes or allegations of unfair competition, price discrimination, fraud, RICO violations or other business torts. Recently, Mr. Proctor has spent much of his time representing Mattel in its much publicized legal battle with MGA over, among other things, the rights to the lucrative "Bratz" line of products.
Mr. Proctor's recent clients include Shell Oil Company, Mattel, Inc., Franchise Pictures, LLC, CNA, ConAgra Foods, Inc., Nedra Roney and Concuity, Inc., among other companies and individuals.
Obtained extremely rare order from California Supreme Court on habeas review vacating sentence of death based on Brady violations and other misconduct.
Defeated purported class action seeking to invalidate Mattel's employee inventions agreements on a number of legal theories, and obtained ruling upholding the enforceability of such agreements, on motion to dismiss.
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.
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 CNA Insurance 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, Nedra Roney, immediately after filing complaint alleging fraud and securities violations.
In a published decision publicized in the legal press, obtained permanent injunction under 42 U.S.C. § 1983 against ongoing Establishment Clause violations by the State of California.
Obtained an extremely rare order releasing California life prisoner (who was non-violent and had been a model prisoner for more than 20 years) on parole after 28 years' incarceration.
Obtained dismissal of Ninth Circuit appeal on ripeness grounds, avoiding the need for merits briefing of the appeal.