Photograph of Mark A. Klapow

Mark A. Klapow

Partner


Mark A. Klapow is a partner in the firm's Litigation Group. He litigates complex commercial and intellectual property disputes, including trade secrets cases.

Mark has represented Fortune 500 companies including Alcoa, AT&T, Caterpillar, Dow, Ericsson, ExxonMobil, Intel, Lenovo, Molson Coors, 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 served as co-chair of the group from 2017 to 2021, during which time it achieved Chambers Band 1 status in Washington, D.C.

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. (2022)
  • AllRounds v. Carta et al. Counsel for Carta (fka eShares) in trade secret and patent dispute over financial platforms for capitalization table management, valuation, and trading. Pending in California federal court. (2022) 
  • Xinuos v. IBM and RedHat. Counsel in antitrust and copyright case regarding operating system market. Pending in Virgin Islands federal court. (2022)
  • Thompson Reuters v. ROSS Intelligence. Counsel for AI firm in landmark copyright case regarding Westlaw content. Pending in Delaware federal court. (2021)
  • Khoros v. Lenovo. Counsel for Lenovo against former vendor in trade secret litigation in California federal court. Negotiated favorable resolution (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. Negotiated favorable resolution discontinuing alleged competitor brand. (2021)
  • Lonza v. Eagle Analytical. Counsel for Lonza (manufacturer of COVID-19 vaccines and other pharmaceuticals) in competitor trade secret dispute involving manufacturing process and site plans in Texas state court. Obtained stipulated injunction before negotiating favorable resolution. (2021)
  • StoneX Group v. Ag Hedger. Counsel for Fortune 200 financial services company. Obtained preliminary injunction after evidentiary hearing, then obtained a permanent injunction. (2021)
  • 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.
  • 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.
  • Metroil Inc. v. ExxonMobil. Counsel for ExxonMobil in test cases on issues of first impression. Won dismissal in D.C. federal court. Affirmed on appeal (panel included former 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 (former), 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

"Trade Secret Litigation Is Different: Should Patent Law Concepts Be Imported?," Landslide (July 7, 2022). Authors: Mark A. Klapow, and Robert B. Kornweiss.
Publication
"Trade Secret Litigation is Different: Should Patent Law Concepts be Imported?," Landslide® Magazine (June 1, 2022). Authors: Mark A. Klapow, Robert B. Kornweiss.
Publication
"$2B Jury Verdict in Trade Secrets Suit," Crowell & Moring’s Trade Secrets Trends (May 12, 2022). Authors: Mark A. Klapow and Katie Lee.
Publication
"The Proper Identification of Asserted Trade Secrets in Misappropriation Cases," 2022 Sedona Conference on Trade Secrets, Denver, CO. (May 9, 2022). Speakers: Mark A. Klapow.
Speech/Presentation
"Second Circuit rejects DTSA claim due to weak software licensing agreement," International Law Office (April 26, 2022). Authors: Emma Cunningham and Mark K. Klapow.
Publication
In Westlaw-ROSS Litigation, Judge Allows ROSS’s Antitrust Case To Move Forward, But Tosses ‘Sham Litigation’ Claim LawSites (April 26, 2022)
Press Coverage
"The Sedona Conference Solicits Public Comment on its Commentary on the Governance and Management of Trade Secrets," Crowell & Moring’s Trade Secrets Trends (April 25, 2022). Authors: Mark A. Klapow and Emma Cunningham.
Publication
"Toward A Better Way: Protecting Confidential Information," ABA Litigation Journal (April 14, 2022). Authors: Mark A. Klapow, Raija Horstman, Laura Schwartz, and Josh Rychlinski.
Publication
"The Sedona Conference Issues Commentary on Protecting Trade Secrets Throughout the Employment Life Cycle," Crowell & Moring’s Trade Secrets Trends (April 1, 2022). Authors: Mark A. Klapow and Emma Cunningham.
Publication
"Second Circuit Rejects DTSA Claim Due to Weak Software Licensing Agreement," Crowell & Moring’s Trade Secrets Trends (March 31, 2022). Authors: Mark A. Klapow and Emma Cunningham.
Publication

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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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