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Mark A. Klapow

Partner

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

Mark A. Klapow is the former co-chair of the firm's Litigation Group. The group is Chambers-ranked in Band 1 in Washington, DC. He litigates complex commercial and intellectual property disputes, including cases involving trade secrets.

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

Mark has served 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. He 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. (2021)
  • Khoros v. Lenovo. Counsel for Lenovo against former vendor in trade secret litigation. Pending in California federal court.
  • Lonza v. Eagle Analytical. Counsel for Lonza (manufacturer of COVID vaccines and other pharmaceuticals) in competitor trade secret dispute involving manufacturing process and site plans. Temporary Injunction pending in Texas state court. (2021)
  • StoneX Group v. Ag Hedger. Counsel for Fortune 200 financial services company. Obtained preliminary injunction after remote evidentiary hearing, then obtained a permanent injunction. (2021)
  • Xinuos v. IBM and RedHat. Counsel in antitrust and copyright case regarding operating system market. Pending in Virgin Islands federal court. (2021)
  • Thompson Reuters v. ROSS Intelligence. Counsel for AI firm in landmark copyright case regarding Westlaw content. Pending in Delaware federal court. (2021)
  • 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. Affirmed by the Fifth Circuit. Recognized as a Top 10 Trademark Ruling of 2020.
  • Arconic v. Novelis. 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 with related litigation in Texas state court. Prevailed on each of five TROs. Won eight figure award.
  • 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).

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 Federal, First, Second, Fourth, Fifth, and D.C. 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

Jen Romano And Mark Klapow Of Crowell & Moring Tackle Client Problems Alongside The Firm’s Regulatory Team American Lawyer Litigation Daily (June 22, 2021)
Media Mentions
"The Identification of Trade Secrets in Misappropriation Lawsuits," 2021 Sedona Conference on Developing Guidelines for Trade Secret Issues (June 21, 2021). Panelist: Mark Klapow.
Speech/Presentation
"Supreme Court Resolves Circuit Split over Scope of Computer Fraud and Abuse Act," Privacy Law Alert (June 4, 2021). Contacts: Nimrod Haim Aviad, Stephen M. Byers, Mark A. Klapow, Anne Elise Herold Li, Kayvan M. Ghaffari, Raija Horstman, Julia Milewski, Joshua M. Rychlinski
Client Alert / Newsletter
"How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals," Law360 (May 11, 2021). Authors: Mark A. Klapow, Robert B. Kornweiss, and Ian Logan.
Publication
Crowell & Moring Adds 'Tough Litigator' From DC AG's Office Law360 (April 14, 2021)
Media Mentions
"The Sedona Conference Publishes An Analysis of How to Seek Global Redress of Trade Secret Misappropriation," Crowell & Moring’s Trade Secrets Trends (March 19, 2021). Authors: Mark A. Klapow and Jacob Canter.
Publication
US Legal Start-Up Files Counterclaim Against Thomson Reuters Australasian (January 26, 2021)
Media Mentions
Navigating New Waves Of Tortious Litigation Lawyers Weekly (January 19, 2021)
Media Mentions
GC Cheat Sheet: The Hottest Corporate News Of The Week Law360 (January 15, 2021)
Media Mentions
"New Year, New Rules: Recent Amendments to Federal Rules," Litigation Alert (January 14, 2021). Contacts: Mark A. Klapow, Mariam Sarwar
Client Alert / Newsletter

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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