Attorney Profile:

Dylan Bradley Carp

Dylan Bradley Carp: Attorney with Jackson Lewis P.C.

Biography

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.

Published Works

• 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

Honors and Recognitions

Compliance Reporter, Lawyer of the Year (2005)

Blogs

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. Carp

Non-Compete & Trade Secrets Report
California Court of Appeal Holds Employee's Agreement to Reimburse Training Costs in Event of Resignation Does Not Offend Public Policy
February 1, 2016

A California court recently upheld an employer's right to condition free training on continued employmentin the matter of USS-POSCO Industries v. Case, No. A140457 (Jan. 26, 2016). The defendant/appellant in the litigation, USS POSCO Industries (“UPI”) had originally hired Case as an entry-level Laborer and Side Trim Operator.

By Dylan B. Carp

California Workplace Law
Timing is Everything: Pair of California Retaliation Cases Lead to Opposite Results for Employers
December 14, 2015

Two cases involving employees who were terminated shortly following protected leaves of absence lead to opposite results for the employers, with one case being dismissed and the other proceeding to trial.

By Dylan B. Carp and Mitchell F. Boomer

Publications

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...

In the News

January 15, 2016

Daily Journal

Dylan Carp and Rebecca Benhuri Author In settlement, who is the prevailing party?

Dylan Carp and Rebecca Benhuri authored In settlement, who is the prevailing party?, published by the Daily Journal.

Areas of Practice (4)

  • Class Actions and Complex Litigation
  • Non-Competes and Protection Against Unfair Competition
  • Retail and Consumer Goods
  • Sports and Entertainment

Education & Credentials

Contact Information:
415-796-5425  Phone
(415) 394-9401  Fax
www.jacksonlewis.com
University Attended:
Hamilton College, B.A., Mathematics, magna cum laude, 1991
Law School Attended:
Georgetown University Law Center, J.D., 1998
Year of First admission:
1998
Admission:
1998, California; 1999, District of Columbia; 1999, Virginia (inactive); U.S. Supreme Court; 7th Circuit Court of Appeals; California - S.D. Cal.; U.S. Court of Appeals, DC Circuit; California - C.D. Cal; California - E.D. Cal; California - N.D. Cal; 9th Circuit Court of Appeals
Memberships:

Professional Associations and Activities

•ABA Appellate Judges Conference, Council of Appellate Lawyers Member
•American Bar Association
•American Bar Association, Law Student Division, Judge for the West Regional National Appellate Advocacy Competition (2002)
•Bar Association of San Francisco, Appellate Practice Section Member
•Council of Appellate Lawyers
•Defense Research Institute (DRI), Appellate Practice Section, Amicus Committee Member
•Contributing editor, The Appellate Practice Journal, Appellate Practice Committee, Section of Litigation, American Bar Association
•Former Co-chair, Bar Liaison Subcommittee, Appellate Practice Committee, Section of Litigation, ABA

ISLN:
913731664

Peer Reviews

  • 4.5/5.0 12 reviews
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.5/5.0
  • Analytical Capability

    4.5/5.0
  • Judgment

    4.5/5.0
  • Communication

    4.5/5.0
  • Legal Experience

    4.6/5.0
  • 5.0/5.0 by a Associate/Assistant General Counsel on 04/02/13 in Labor and Employment

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Chief Legal Officer on 03/25/13 in Appellate Practice

    Dylan was a fellow staff attorney with our nonprofit legal aid organization for three years before he left us to go into private practice. He was very a capable litigator... Read more

    Dylan was a fellow staff attorney with our nonprofit legal aid organization for three years before he left us to go into private practice. He was very a capable litigator and we were sorry to see him leave.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Partner on 03/25/13 in Litigation

    In 2008 I tried a 3 month long case in Contra Costa county. Dylan represented one of the co-defendants. I was very impressed with his knowledge and skills. Read more

    In 2008 I tried a 3 month long case in Contra Costa county. Dylan represented one of the co-defendants. I was very impressed with his knowledge and skills.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a General Counsel on 03/25/13 in Employment Law

    Having worked with Dylan on a variety of employment-related matters, he is a very capable lawyer with very high ethical standards. Read more

    Having worked with Dylan on a variety of employment-related matters, he is a very capable lawyer with very high ethical standards.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 5.0/5.0 by a Other Law Firm Position on 03/23/13 in Employment Class Actions

    I worked with Dylan for several years and he reported to me. We litigated several cases together. Dylan achieved many successful rulings. His work was highly regarded... Read more

    I worked with Dylan for several years and he reported to me. We litigated several cases together. Dylan achieved many successful rulings. His work was highly regarded among his colleagues.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 4.6/5.0 by a Other Law Firm Position on 04/01/13 in Labor Law

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 4.6/5.0 by a Principal on 03/25/13 in Labor and Employment

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      5.0/5.0

    Read less

  • 4.0/5.0 by a Partner on 04/09/13 in Employment Litigation

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      4.0/5.0

    Read less

  • 4.0/5.0 by a Staff Lawyer on 04/04/13 in Employment Law

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      4.0/5.0

    Read less

  • 4.0/5.0 by a General Counsel on 04/01/13 in Employer Liability

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      4.0/5.0

    Read less

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