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Dylan B. Carp

Shareholder
San Francisco

P   415-796-5425
F   415-394-9401
CarpD@jacksonlewis.com

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Biography

Dylan B. Carp is a Shareholder 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)

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

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

Blog Posts by Dylan B. Carp

Recent Cases Recognize Limits to Employees’ Attempts at Self-Help to Support Retaliation Claims
August 19, 2015

Two recent cases from opposite coasts confirm that employees do not have an unfettered right to steal their employer’s documents notwithstanding the documents’ potential relevance to a whistleblower retaliation claim. In West Hills Research and Development Inc. v. Wyles, Cal. Ct. App. 2d Dist. Case No. Read More

Court Holds Adjustment Disorder Triggered by Stress at Work Is Not a Disability
June 2, 2015

A California appellate court recently held that an employee diagnosed with an adjustment disorder triggered by stress caused by her supervisor’s standard oversight of her job performance is not disabled under the California Fair Employment and Housing Act (“FEHA”). Higgins-Williams v. Read More

Cases are easier to start than they are to finish: California Court awards $180,000 in sanctions for meritless trade secret misappropriation lawsuit brought in bad faith
May 6, 2015

The California Court of Appeal has upheld an award of monetary sanctions against a company that brought a lawsuit against its competitor that the court found was meritless and intended to stifle competition. Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc., H038555 (Apr. 28, 2015). Read More