Mark A. Klapow

Partner

Overview

Mark A. Klapow is a partner in the firm's Litigation Group and its prior co-chair. He litigates trade secrets and other complex disputes. 

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 is a recognized leader in trade secrets cases. He serves on the Trade Secrets Steering Committee of the Sedona Conference and as co-chair of the ABA-IPL Trade Secrets and Interferences with Contracts Committee.  He previously served as chair of the  of AIPLA Trade Secret Law Committee. Mark litigates, speaks, and writes in this 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. He is on the board of Adat Shalom and the AJC DC region.

Mark and his family live in Somerset. He is a lifelong "Deadhead."

Career & Education

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    • Washington University in St. Louis, B.A., 1996
    • Syracuse University College of Law, J.D., cum laude, 1999
    • Washington University in St. Louis, B.A., 1996
    • Syracuse University College of Law, J.D., cum laude, 1999
    • District of Columbia
    • New York
    • Connecticut
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for the First Circuit
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the D.C. Circuit
    • U.S. District Court for the Central District of Illinois
    • U.S. District Court for the District of Colorado
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the District of Maryland
    • U.S. District Court for the Eastern District of Texas
    • U.S. District Court for the Northern District of Illinois
    • U.S. District Court for the Southern District of Iowa
    • U.S. District Court for the Southern District of New York
    • District of Columbia
    • New York
    • Connecticut
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for the First Circuit
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the D.C. Circuit
    • U.S. District Court for the Central District of Illinois
    • U.S. District Court for the District of Colorado
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the District of Maryland
    • U.S. District Court for the Eastern District of Texas
    • U.S. District Court for the Northern District of Illinois
    • U.S. District Court for the Southern District of Iowa
    • U.S. District Court for the Southern District of New York
  • 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 (former), Adat Shalom Reconstructionist Congregation

    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 (former), Adat Shalom Reconstructionist Congregation

Mark's Insights

Speaking Engagement | 09.11.23

“Where We’ve Been/Where We Are Going,” 2023 Sedona Conference on Trade Secrets, Minneapolis, MN

Representative Matters

  • BTIG v. StoneX et al. Counsel for StoneX defending trade secret allegations in financial platform code seeking $200
    million in damages. Pending in California state court. (2023)
  • C3.ai v. Cummins Engine Co. Counsel for leading developer and provider of enterprise AI applications in trade secret
    dispute. Pending in Delaware state court. (2023)
  • Xinuos v. IBM and RedHat. Counsel in antitrust and copyright case regarding operating system market. Pending in New York federal court. 
  • Thompson Reuters v. ROSS Intelligence. Counsel for AI firm in landmark copyright case regarding Westlaw content. Pending in Delaware federal court.
  • MillerCoors v. Anheuser-Busch. Counsel for MillerCoors defending trade secret allegations made by Anheuser-Busch related to the Bud Light corn syrup campaign launched for the Super Bowl. Dismissed by Wisconsin federal court. (2022)
  • AllRounds v. Carta et al. Counsel for Carta (fka eShares) defending trade secret and patent dispute over financial platforms for capitalization table management, valuation, and trading. Plaintiff accepted a walk-away settlement after a California federal court struck more than half its patent case and in the face of summary judgment. (2022) 
  • 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. (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 verdict 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).

Mark's Insights

Speaking Engagement | 09.11.23

“Where We’ve Been/Where We Are Going,” 2023 Sedona Conference on Trade Secrets, Minneapolis, MN

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