Dylan B. Carp is a Principal in the San Francisco, California, office of Jackson Lewis P.C. He is a Certified Specialist in Appellate Law by The State Bar of California Board of Legal Specialization.
Mr. Carp has argued 10 appeals before federal and state courts. In addition to appeals and writs, Mr. Carp focuses his practice on unfair competition and trade secrets law, having second chaired a three-month unfair competition jury trial.
Mr. Carp also handles all aspects of litigation in cases involving discrimination, harassment, disability, and wage and hour issues, including taking and defending depositions, briefing and arguing dispositive motions, and participating in mediations and settlement conferences. In addition to Mr. Carp’s litigation practice, he counsels employers on unfair competition, discrimination, harassment, and wage and hour issues.
Mr. Carp has lectured on ethics and appellate law and litigation tactics. Mr. Carp has also published articles on these and related topics. His article on statutory interpretation was cited by a California court of appeal.
Prior to joining Jackson Lewis in 2007, Mr. Carp had a general litigation practice and also litigated federal civil rights class actions.
Honors and Recognitions
•Compliance Reporter, Lawyer of the Year (2005)
• Measured Response, San Francisco Daily Journal (April 24, 2007) [Contributor]
• Show, Don’t Tell, San Francisco Daily Journal (March 26, 2007) [Contributor]
• Court Needs to Follow its Own Rule of Not Relying on Legislative History, San Francisco Daily Journal (Nov 15, 2006) [Contributor]
• Getting Arbitration Awards Reviewed Remains Unlikely, San Francisco Daily Journal (Oct 19, 2006) [Contributor]
• Mastering the Law on Requesting Judicial Notice on Appeal, ABA Appellate Practice Journal (Spring 2005) [Co-Author]
• Owners Who Deliberately Keep Themselves Ignorant of their Company’s Polluting Activities Likely to Face Criminal Liability under the Clean Water Act, Environmental Litigation Committee Newsletter (2003) [Author]
• Raising Issues on Appeal for the First Time, K&L Update: Appellate Briefs 6.3 (Oct 2002) [Author]
• Large and Small Business Owners Take Note: 'Private Attorney General' Actions Under California’s Unfair Competition Law, K&L Update: Cal. Litigation (Sept 2002) [Author]
• Out of Scalia’s Shadow, Liberty Magazine (Sept 1998) [Author]
• The Case of the Litigious Little Leaguer, 3 TEX. REV. L. & POLITICS 171 (1998) [Author]
Speeches and Presentations
•Participated as panel member in CLE discussion sponsored by the Bar Association of San Francisco on lawyer ethics at the appellate level
•Presented 1-hour national intra-firm CLE lecture on appellate courts’ discretion to address issues first raised on appeal
•Presented 30-minute national intra-firm lectures on petitioning for rehearing in the federal courts of appeals, the use of motions for judgment to preserve claims of error on appeal, and the use of supersedeas bonds to stay enforcement of judgment pending appeal
August 1, 2016
California Supreme Court on Arbitration Agreement Silent on Class Action Waivers
Does the court or the arbitrator decide whether the parties to an arbitration agreement intended class arbitration where the agreement does not contain an express class action waiver? The California Supreme Court responded that there is no “one-size-fits-all” answer and the issue is a matter of contract determined by state...
California Workplace Law
Employer Successfully Defends Rounding Policy by Showing It Did Not Disfavor Employees
December 14, 2018
A California appellate court held an employer’s use of a rounding policy for its non-exempt employees complied with California law because it did not disfavor employees. (Donohue v. AMN Services, LLC (Dec. 10, 2018) Case No.
By Dylan B. Carp
California Workplace Law
California Supreme Court Rebuffs Plaintiffs’ Attempt to Undo Their Agreements Waiving Second Meal Period
December 12, 2018
The California Supreme Court has upheld the ability of California health care workers who work more than twelve hours a day voluntarily to waive their second meal period, rebuffing plaintiffs’ argument that their voluntary waivers were unenforceable. (Gerard v. Orange Coast Memorial Medical Center (Dec. 10, 2018) Case No.
By Dylan B. Carp
Non-Compete & Trade Secrets Report
9th Circuit: Claims proceed in California despite French forum selection clause
April 25, 2016
A federal appeals court has held a forum selection clause in a non-disclosure agreement does not cover trade secret misappropriation and related claims that are not based on the agreement. In re Orange, S.A. v. United States District Court, 2016 U.S. Ap. LEXIS 648 (9th Cir.
By Dylan B. Car