Photograph of Mark A. Klapow View LinkedIn page Download V-card

Mark A. Klapow

Partner

mklapow@crowell.com
Phone: +1 202.624.2975
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Mark A. Klapow is co-chair of the firm's Litigation Group. He litigates complex commercial disputes including cases involving trade secrets.

Mark has represented Fortune 500 companies including Alcoa, Arconic, AT&T, Caterpillar, Dow, Ericsson, ExxonMobil, Intel, Lenovo, Molson Coors, and Western Union in federal and state courts across the country.

Mark serves as chair of the Trade Secret Law Committee of AIPLA and on the Trade Secrets Steering Committee of the Sedona Conference. He litigates, speaks, and writes in that area regularly. He is also an editor of the firm's Trade Secrets Trends blog.

Mark is the creator of the firm's annual Litigation Forecast, a guide for in-house counsel managing litigation in the coming year.

Mark also serves as outside general counsel for the Hispanic Heritage Foundation and Adat Shalom.

Mark and his family live in Somerset. They are avid Washington Nationals and Washington Capitals fans. Mark is a lifelong "Deadhead."

Representative Matters

  • MillerCoors v. Anheuser-Busch. Counsel for MillerCoors for trade secret allegations in the context of a false advertising lawsuit against Anheuser-Busch related to the Bud Light corn syrup campaign launched for the Super Bowl. Pending in Wisconsin federal court.
  • Khoros v. Lenovo. Counsel for Lenovo against former vendor in trade secret litigation. Pending in California federal court.
  • Thompson Reuters v. ROSS Intelligence. Counsel for AI firm in landmark copyright case regarding Westlaw content. Pending in Delaware federal court.
  • Future Proof v. Molson Coors. Counsel for Molson Coors against alleged competitor in hard seltzer market in brand dispute. Defeated preliminary injunction in Texas federal court.
  • Arconic v. Novelis et al. Counsel for Arconic (fka Alcoa) against key competitor in trade secret misappropriation case involving aluminum bonding technology for automotive applications. Pending in Pennsylvania federal court.
  • Western Union v. Paymentus Group. Counsel for Western Union in trade secret and poaching case. Obtained permanent injunction in Illinois federal court.
  • TCL v. Ericsson. Counsel for Ericsson in first of its kind lawsuit alleging breach of FRAND licensing commitment on standard essential telecom patents. Won dismissal of antitrust claims in California federal court. IP claims reversed on appeal after trial, pending in California federal court.
  • High frequency trading platform dispute. Counsel in parallel New York and Boston arbitrations. Won eight figure award.
  • Matrix Markets et al. v. NEO Markets et al. Counsel in complex business control and ownership dispute. Won two TROs and defeated two TROs in span of five weeks in Texas state court.
  • Competitor poaching dispute. Counsel for Fortune 100 company in non-compete and trade secret theft case against executive who joined key competitor. Won preliminary injunction in Illinois state court. 
  • Dow Corning v. NuSil Technology. Counsel for Dow Corning in trade secret case against key competitor. Won TRO in Michigan state court and, after PI hearing, obtained favorable settlement of this and California federal case.
  • Metroil Inc. v. ExxonMobil et al. Counsel for ExxonMobil in test cases on issues of first impression. Won dismissal in D.C. federal court and appeal in D.C. Circuit (panel included Judges Merrick Garland and Brett Kavanaugh).
  • U.S. v. AT&T. Counsel for AT&T in case brought by the United States and several states in D.C. federal court to prevent proposed merger with T-Mobile. Case dismissed and merger abandoned based upon FCC opposition.

Education

  • Washington University in St. Louis, B.A. (1996)
  • Syracuse University College of Law, J.D. (1999) cum laude

Affiliations

Admitted to practice: District of Columbia, New York, and Connecticut; the U.S. Courts of Appeals for the D.C., First, Second, and Fourth Circuits; and many federal district courts

Professional Activities and Memberships

  • Chair, AIPLA Trade Secret Law Committee
  • Steering Committee, Sedona Conference Trade Secrets (Working Group 12)
  • Outside General Counsel, Hispanic Heritage Foundation
  • Outside General Counsel, Adat Shalom Reconstructionist Congregation

View More

"DOJ Antitrust Division Takes "Extraordinary Step" in Issuing Supplemental Business Review Letter to IEEE," Antitrust Law Alert (September 29, 2020). Contacts: Mark A. Klapow, Robert B. McNary, Akhil Sheth
Client Alert / Newsletter
"COVID and the Courts: Reopenings Delayed and Challenged," Litigation Alert (July 24, 2020). Contacts: Mark A. Klapow, Alex Rosen
Client Alert / Newsletter
"Contract Enforcement and Mitigation Issues in Light of COVID-19," Crowell & Moring Webinar (June 16, 2020). Presenters: Gregory D. Call, Mark A. Klapow, and Allyson McKinstry.
Speech/Presentation
"COVID and The Courts," Crowell & Moring Webinar (June 11, 2020). Presenters: Mark A. Klapow, Amanda Shafer Berman, Andrew Holmer, Rochelle-Leigh Rosenberg, and Eli Berns-Zieve.
Speech/Presentation
"COVID and the Courts: Reopening Plans," Litigation Alert (June 10, 2020). Contacts: Mark A. Klapow, Andrew Holmer, Rochelle-Leigh Rosenberg, Eli Berns-Zieve, Amanda Shafer Berman
Client Alert / Newsletter
"IPLSPRING CLE Series: Experience the Intrigue of Recent Trade Secret Law Cases," American Bar Association Webinar (May 27, 2020). Panelist: Mark A. Klapow.
Speech/Presentation
"How to Navigate Supply Chain Disputes in a Pandemic," Litigation Alert (May 19, 2020). Contacts: Mark A. Klapow, Bryan Brewer, Luke van Houwelingen, Mara Lieber
Client Alert / Newsletter
"Business Interruption: Preparing for Future Commercial Disputes," Crowell & Moring Webinar (May 7, 2020). Presenters: Mark A. Klapow, John L. Murino, Luke van Houwelingen and Mara Lieber.
Speech/Presentation
"Business Disruption in a Pandemic: Planning for Resumed Performance in the Wake of Disruption," Crowell & Moring Webinar (April 29, 2020). Presenters: Mark A. Klapow, John L. Murino, Luke van Houwelingen, and Mara Lieber.
Speech/Presentation
"Business Interruption and Commercial Contracts: The Anatomy of the Dispute," Litigation Alert (April 22, 2020). Contacts: Mark A. Klapow, John L. Murino, Luke van Houwelingen, Mara Lieber
Client Alert / Newsletter

For all Highlights, News & Knowledge, please click here to view desktop bio.

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, Brussels, and Shanghai.

View Desktop Site | Mobile Sitemap

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2020
Attorney advertising - prior results do not guarantee a similar outcome.