Paul A. Tyrell

Paul A. Tyrell serves as lead trial counsel in complex and high-stakes business disputes for the firm’s clients. Mr. Tyrell has handled litigation and arbitration cases in a variety of matters relating to corporate governance, partnerships and other fiduciary relationships, contracts, unfair competition, trade secrets, intellectual property, real estate, false claims/qui tam and employment. He has also counseled and defended government officials regarding conflicts of interests and statutory compliance issues, served as outside litigation counsel for municipalities and other government agencies and represented court-appointed receivers in complex financial litigation. In addition to his trial practice, Mr. Tyrell works with clients to avoid disputes by advising on various business and governance issues and assisting the firm’s transactional attorneys in drafting and negotiating contracts.

Mr. Tyrell has been admitted to practice law in all California state courts since 1997. He is also admitted to practice before the United States District Courts for the Southern and Central Districts of California and in the United States Court of Appeals for the Tenth Circuit.

Representative Matters

• Defended a publicly-traded energy company and its executives against a false claims/qui tam action which sought more than $100 million in damages and penalties. Filed and argued pretrial motions which resulted in the dismissal of all claims.
• Lead trial counsel for the City of Carlsbad in a copyright infringement and unfair competition action to enforce intellectual property rights associated with the City’s municipal golf course.
• Lead trial counsel for one of San Diego’s largest developers in a commercial lease dispute involving multiple claims including fraud. After trial, the court denied all of the opposing party’s claims, awarded the developer 95% of the requested damages and ordered the opposing party to pay attorneys’ fees and costs.
• Defended the former mayor of San Diego and other City officials against multiple conflict of interest claims filed by the San Diego City Attorney; obtained complete dismissal of all claims.
• Advised the co-founder and director of a San Diego-based defense contractor in connection with a post-merger lawsuit filed by a dissenting director, resulting in favorable settlement.
• Defended a group of professional baseball players against breach of contract claims by removing the case from state court in Kansas. After the federal district court dismissed the case, Mr. Tyrell served as lead appellate counsel and successfully argued the case before the Tenth Circuit Court of Appeals in Denver, Colorado, which upheld the district court’s dismissal of the entire action.
• Lead trial counsel in the defense of a shopping center’s anchor tenant in a commercial lease dispute resulting in complete defense judgment after trial.
• Represented publicly-traded health care technology company in trade secrets claim against a former employee who started a competing business; obtained favorable settlement prior to trial.
• Lead trial counsel in the successful trial of unfair competition claims on behalf of an Internet marketing firm against a principal competitor. After negotiating a favorable pre-trial settlement of the competitor’s claims, continued to trial and obtained judgment for our client on the remaining claims.
• Represented the City of San Diego in litigation between the City and the San Diego Chargers football team relating to the Qualcomm Stadium lease.
• Defended publicly-traded semiconductor company against breach of contract and breach of fiduciary duty action filed by development partner. Defeated preliminary injunction motion which led to favorable settlement.
• Lead arbitration counsel in the defense against a business broker’s claim for six-figure commission on a transaction that never closed. After a multi-day hearing, the arbitrator denied all claims.
• Obtained a defense verdict on behalf of a real estate developer against breach of contract and breach of fiduciary duty claims.
• Testified before government agencies in connection with client’s redevelopment project and related litigation.
• Obtained settlement before verdict in a jury trial against a multinational software company.
• Successful prosecution and defense of domain name disputes subject to arbitration under the ICANN Uniform Dispute Resolution Policy.
  

Education

• JD, University of Virginia School of Law (Journal of Law and Politics Managing Board Member)
• BA (Political Science), Johns Hopkins University

Distinctions

• San Diego Super Lawyers® – 2011-2012 (Business Litigation)
• The Daily Transcript ‘s “Top Attorney” – semi-finalist
• San Diego Metropolitan Magazine ‘s “40 Under Forty”– honor roll
• San Diego Combined Health Agencies’ “Volunteer of the Year”
• San Diego County Bar Association’s “Bar Star”

Community Involvement

• American Bar Association
• Association of Business Trial Lawyers – Board of Governors, Planning Committee for 38th ABTL Annual Seminar
• California Receivers Forum
• ESPN X-Games – Volunteer (1998 and 2003 Super Bowls)
• San Diego County Bar Association
• San Diego Father's Day Council – Chairman

Recent News Coverage

• “18 Procopio Attorneys Named in 2012 Super Lawyers® Business Edition,” Procopio Press Release, September 4, 2012.
• “29 Procopio Attorneys Named San Diego Super Lawyers®,” Legal Netlink Alliance, June 1, 2012.
• "29 Procopio Attorneys Named San Diego Super Lawyers®," Procopio Press Release, June 1, 2012.
• "San Diego Super Lawyers," Super Lawyers, San Diego 2012.
• Wahowiak, Lindsey. “Honoring Dads: Paul Tyrell finds extra meaning in this year’s ‘Father of the Year’ ceremonies,” Diabetes Forecast Magazine, July 2011.
• “27 Procopio Attorneys Named San Diego Super Lawyers®,” Procopio Press Release, June 6, 2011.
• Himchak, Elizabeth Marie. “Del Sur, Poway men among region's ‘Fathers of the Year’," Rancho Bernardo News Journal, July 9, 2009.

Articles/Publications

• "The Lessons Of California's Prop. 211: The Ballot Initiative As A Vehicle For States To Sidestep Federal Securities Litigation Reform," 13 Journal of Law & Politics 965, Fall 1997.

Recent Seminars and Speeches

Mr. Tyrell has presented numerous in-house training classes on matters concerning litigation, pre-trial remedies, receivership and alternative dispute resolution (ADR).