Overview
Recognized by Lawdragon as one of “500 Leading Litigators in America” and by the Daily Journal as one of the “Top 100 Lawyers in California,” Will Delgado is the lawyer clients call for some of their thorniest problems.
Universally, clients appreciate his approach to litigation—win, as fast as possible. To do that, he dives into his client’s business so that he has a clear understanding of what matters, what doesn’t, what creates leverage, and what triggers a successful outcome. When the only “win” that is available is a trial victory, his ability to master facts and distill complex concepts into compelling themes persuades judge and jury alike. Though the modern trial is seemingly disappearing, Will has tried several cases, including those involving patent infringement claims, as well as a certified class action. He has also argued several appeals, including before the Second, Ninth, and Federal Circuit and the California and Florida state courts of appeal. He has successfully petitioned both the US Supreme Court and California Supreme Court for discretionary review.
Across over 125 IP matters and 145 threatened or filed class actions, he has obtained victories in every form imaginable: through settlement, via voluntary dismissal (i.e., no payment by his client), with a motion to dismiss, with a motion for summary judgment, at trial, and on appeal. His clients span numerous industries include CPG, finance, technology, and automotive.
In the recent past, his “spare time” was occupied by coaching his sons in various sports but having hung up his whistle in Fall 2023, he now finds himself pondering what hobby to tackle next. He’s open to suggestions.
Lawdragon, “500 Leading Litigators in America” (2025)
Benchmark Litigation, “Litigation Star” (2021-2025), “California Star” (2020), “Local Litigation Star” (2018 and 2019)
Los Angeles and San Francisco Daily Journal, “Top 100 Lawyers” (2023)
Leadership Council on Legal Diversity, “DEIA Visionary” (2023)
L.A. Times B2B Publishing Diversity, Equity, Inclusion & Accessibility Magazine, “DEIA Visionary” (2023)
Litigation Counsel of America and Diversity Law Institute, “Diversity Law Institute Diversity Award” (2023)
Los Angeles Business Journal, “Top 100 Lawyers” (2022-Present)
Best Lawyers in America, “Best Lawyer,” “Commercial Litigation” and “Litigation – Intellectual Property” (2022-Present)
L.A. Times B2B Publishing Business of Law Magazine, “Visionary” (2021)
Los Angeles Business Journal, “Leaders of Influence: Thriving in Their 40s” (2021)
Los Angeles Business Journal, “Leaders of Influence: Litigators & Trial Attorneys” (2021)
Los Angeles and San Francisco Daily Journal, “Top Intellectual Property Lawyers” (2021)
Los Angeles Business Journal, “Minority Leaders of Influence: Attorneys” (2021, 2023)
Super Lawyers, “Top 100 Southern California Super Lawyers” (2023), “Super Lawyer” (2019-Present)
Latino Leaders Magazine, “Top Latino Lawyer” (2018)
Martindale-Hubbell, AV Preeminent
Litigation Counsel of America: The Trial Lawyer Honorary Society, Fellow
Daily Journal, “Top Verdicts of 2014” (2015)
Daily Journal, “Top 20 Lawyers Under 40” (2014)
The Recorder, “Lawyers on the Fast Track” (2012)
American Bar Foundation, Fellow
Hispanic National Bar Association, Member
Cuban American Bar Association, Member
Association of Latino Professionals For America, Member
Litigation Counsel of America
Trial Law Institute, Member
Diversity Law Institute, Member
Order of Veritas, Barrister
Order of Certus, Advocate
National Association of Minority and Women Owned Law Firms, Vice Chair of Board (2017-2023)
Leadership Council on Legal Diversity, Fellow (2017)
Leadership Council on Legal Diversity, Mentor
City of Los Angeles, LAPD Police Permit Review Panel, Former Commissioner
City of Los Angeles, LAPD Police Permit Review Panel, Former Hearing Examiner
Presenter, “Diversity, Equity & Inclusion: The Inconvenient Truths,” The Litigation Counsel of America Spring Retreat (April 25, 2023)
Co-Presenter, “What In-House Attorneys Need to Know about the Attorney-Client Privilege and Dual Purpose Communications,” ACC Southwest Ohio- “Just In Time CLE” virtual program (December 2, 2022)
Panelist, “Confronting Bullying & Bias in the Legal Profession,” NAMWOLF Annual Meeting (September 19, 2022)
Presenter, “It’s Not Mythical After All: A Case Study of a Class Action Trial,” ACC Mountain West – Nutrition Law Symposium (September 9, 2022)
Presenter, “Pending Appellate Cases You Need to Know About,” ACC Southwest Ohio (June 28, 2022)
Presenter, “Fundamentals of Taking Depositions,” Bridgeport Continuing Education, Mastering the Deposition Workshop (January 31, 2020)
Co-Presenter, “Size Doesn’t Matter: How Top Boutique Firms Are Winning Big Clients From Big Law,” Logikcull 2019 Winter Semester Webinar Series (March 6, 2019)
Moderator, “MCCA’s Blueprint for Buying & Selling – A Pitch Workshop for Outside & In-House Counsel,” MCCA 2018 Creating Pathways to Diversity Conference (October 3, 2018)
Panelist, “Crazy Litigation Strategies That Just Might Work (and Tried and True Ones That Might Not),” HNBA 2018 Annual Convention (September 6, 2018)
Panelist, “Mastering Your Own Destiny and Stepping Out,” HNBA 2018 Corporate Counsel Conference (March 17, 2018)
Moderator, “Mandating Diversity: The Inclusion Clause,” MCCA 2017 Creating Pathways to Diversity Conference (October 3, 2017)
Panelist, “A Brave New World in IP,” ACC Southwest Ohio Chapter CLE Presentation (September 25, 2017)
Panelist, “What is the Future of Class Action Litigation,” HNBA 2017 Annual Convention (September 8, 2017)
Panelist, “Technology and the Trial,” MCCA Global TEC Forum (October 2016)
Panelist, “Ten Tips to Reduce Your Litigation Spend,” ACC South Florida Chapter’s 6th Annual CLE Conference (September 30, 2016)
Moderator, “Don’t Rain on My Parade: Negotiating Cloud Computing Agreements,” NAMWOLF 2016 Annual Meeting (September 16, 2016)
Moderator, “General Counsel Panel,” NAMWOLF 2016 Annual Meeting (September 16, 2016)
Panelist, “Best Friends? The Relationship Between In-house and Outside Counsel,” HNBA 2016 Annual Convention (September 9, 2016)
Presenter, “Class Action Highlights 2015,” ACC Southwest Ohio Chapter CLE Presentation (November 17, 2015)
Moderator, “General Counsel Panel,” NAMWOLF 2015 Annual Meeting (September 2015)
Presenter, “Privacy and Data Breach Update,” ILLS Meeting (November 2014)
Panelist, “Class Actions: Report from the Trenches,” NAMWOLF 2014 Annual Meeting (September 2014)
Moderator, “Recent Developments in Patent Law,” MCCA CLE Expo (March 2014)
Co-Author, “Why Bristol-Myers Applies to Class Actions,” Law360 (March 30, 2018)
Co-Author, “A Crash-Course in Data-Security Regulation and Litigation,” ACC Docket (September 2015)
Experience
Representing automobile company in a putative class action in which Plaintiffs allege certain vehicles suffer from a safety defect. DTO was able to eliminate the nationwide class claims, limiting certification to three classes: one in California and two in Illinois. At summary judgment, DTO persuaded the court to enter judgment against one of the Illinois classes (the largest of the three classes). Trial took place in August 2023. DTO prevailed on the CA class claim. The matter is now pending appeal in the Ninth Circuit.
Represented manufacturer in a class action filed in the Eastern District of New York alleging supplement is falsely advertised as “fish oil” because the supplement was in ethyl ester form, as opposed to triglyceride form. DTO filed a motion to dismiss arguing no reasonable consumer would be dismissed, and in any event, federal law preempted Plaintiff’s state law claims. The motion was granted in full. Plaintiff appealed to the Second Circuit Court of Appeals. After oral argument in November 2023, it took the Second Circuit only a month to affirm the dismissal in December 2023.
Represented manufacturer and retailer in a putative class action in which Plaintiffs claimed that the Defendants’ “Keto-Friendly” snacks were falsely advertised because they contained certain sugar ingredients that are not compatible with a Keto diet. DTO filed a motion to dismiss, arguing that a reasonable consumer would not be deceived as a matter of law. The motion was granted in its entirety, and the case was dismissed.
Represented Plaintiff automobile company in a patent infringement lawsuit alleging that Defendant’s wheels infringed certain design patents. After months of intense litigation, the case was resolved amicably.
Represented Plaintiff who filed a breach of contract in EDVA. Successfully opposed software company’s forum non conveniens motion that sought to move the case to Germany based on the company’s master contract, which contained a forum selection clause specifying Germany as the proper forum. The case settled favorably shortly thereafter.
Represented Plaintiff tech company in a trade secrets lawsuit against a competitor founded by former employees in California state court. After discovering illicit conduct by the Defendants, the case settled on the evening before Will was scheduled to take a key deposition.
Represented Plaintiff tech company in a trademark dispute against a competitor in California federal court. Prevailed on all claims after a two-week jury trial and secured a permanent injunction. Then secured affirmance of the jury verdict and the injunction before the Ninth Circuit.
Represented Defendant manufacturer in a patent dispute against a competitor in Washington federal court. Will was brought in for trial after the client had stipulated to infringement. Convinced the jury to award a small fraction of the amount sought by Plaintiff and then secured affirmance of the jury award before the Federal Circuit.
Represented Defendant tech company in a Song-Beverly Credit Card Act in California federal court. Defeated motion for class certification and then resolved matter on an individual basis.
Represented Defendant online ticket company in a Song-Beverly Credit Card class action in California state court. Initially failed to prevail on demurrer but secured review by the California Supreme Court. On remand, obtained complete dismissal of the lawsuit at the pleadings stage.
Represented Defendant tech company in a trademark dispute in Michigan federal court. Matter was settled for less than 5% of the original demand on the second day of trial, after securing crucial wins on motions in limine.
Represented Defendant retailer in patent lawsuit in California federal court. Matter was favorably resolved after the filing of an IPR.
Represented Defendant tech company in a TCPA class action in Florida federal court. Matter was voluntarily dismissed without any payment after deposition of lead Plaintiff.
Represented Defendant auto company in a class action in California federal court where Plaintiff’s counsel moved for catalyst fees. Motion was denied, and case was dismissed.
Represented respondent supplement company in a JAMS arbitration in which a former consultant claimed breach of contract. A settlement was reached during the hearing, after Claimant’s cross-examination.
Represented Defendant tech company in a breach of contract dispute in California federal court. After the matter was bifurcated by the judge, obtained complete victory in Phase I after a bench trial. Matter settled in the middle of the Phase II bench trial.
Represented Defendant media company in a breach of contract dispute in New York federal court. Matter settled after partial victory on summary judgment and as the parties were preparing for trial.
Credentials
NYU School of Law, J.D., magna cum laude
University of Oklahoma, B.S., Electrical Engineering, with special distinction
Willenken LLP, 2004-2019
Quinn Emanuel Urquhart & Sullivan, LLP, 2002-2004
Admitted in California, New York, and Kentucky
Federal Courts:
United States Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Central, Northern, Southern, and Eastern Districts of California
U.S. District Court for the Eastern, Southern, and Northern Districts of New York
U.S. District Court for the District of Colorado
U.S. District Court for the Southern District of Illinois
U.S. District Court for the Northern District of Iowa
U.S. District Court for the Eastern and Western Districts of Kentucky
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the District of Nebraska
U.S. District Court for the Eastern, Western, and Southern Districts of Texas
