Mark A. Klapow

Partner
Washington, D.C.
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. The Group is Chambers-ranked in Band 1 in 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).