Practices

Education

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

Admissions

  • 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
  • Many Federal District Courts

Mark A. Klapow

Partner
mklapow@crowell.com
+1.202.624.2975

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."



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


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).


Insights


Speeches & Presentations

  • "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.
  • "Advanced Trade Secrets Topics (Part 2): Identifying Trade Secrets in Litigation," AIPLA Trade Secrets Summit (November 9, 2021). Moderator: Mark Klapow.
  • "The Identification of Trade Secrets in Misappropriation Lawsuits," 2021 Sedona Conference on Developing Guidelines for Trade Secret Issues (June 21, 2021). Panelist: Mark Klapow.
  • "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.
  • "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.
  • "IPLSPRING CLE Series: Experience the Intrigue of Recent Trade Secret Law Cases," American Bar Association Webinar (May 27, 2020). Panelist: Mark A. Klapow.
  • "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 Rose Lieber.
  • "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 Rose Lieber.
  • "2020 Trade Secret Litigation Report," Lex Machina Webinar (April 21, 2020). Panelist: Mark A. Klapow.
  • "Compare and Contrast of Force Majeure Interpretations and Other Business Interruption Contractual Issues," Crowell & Moring Webinar (April 16, 2020). Presenters: Mark A. Klapow, Frederik Van Remoortel, Laurence Winston, and Yao Mao.
  • "Business Disruption in a Pandemic: Does COVID-19 Excuse Non-Performance of a Contract," Crowell & Moring Webinar (April 2, 2020). Presenters: Renée Delphin-Rodriguez, Mark A. Klapow, and Luke van Houwelingen.
  • "Webinar Series: Protecting Trade Secrets and other Intellectual Property with Blockchain," Crowell & Moring Webinar (January 14, 2020). Moderator: Mark A. Klapow; Presenters: Kayvan A. Ghaffari and Joshua A. Rychlinski.
  • "So Many Theories, So Little Time: Figuring Out Which Damages Theory is Best for Your Case," AIPLA Spring Meeting, Philadelphia, PA (May 16, 2019). Speaker: Mark A. Klapow.
  • "Panel 1: Identification of Trade Secrets," The Sedona Conference Inaugural Meeting of Working Group 12 on Trade Secret Issues, Los Angeles, CA (November 5, 2018). Panelist: Mark Klapow.
  • "Two Years In: What We’ve Learned from the Defend Trade Secrets Act," State Bar of Georgia Bar’s Intellectual Property Law Institute, Amelia Island, FL (September 21, 2018). Panelist: Mark A. Klapow.
  • "Intro to Trade Secrets," AIPLA Trade Secret Law Summit, San Diego, CA (March 1, 2018). Moderator: Mark A. Klapow.
  • "What the New Federal Trade Secrets Law Means for Your Clients," Crowell & Moring Webinar (June 15, 2016). Presenters: Mark A. Klapow, Mark A. Romeo, Michael J. Songer, and Vincent J. Galluzzo.
  • "E.I. du Pont de Nemours & Co. v. Kolon Industries, Inc. case presentation," AIPLA Trade Secret Law Committee (June 18, 2015). Presenters: Mark A. Klapow, Michael J. Songer, and Stephen M. Byers.
  • "Trade Secret Protection and Recovery Strategies for Universities," Crowell & Moring Webinar (April 23, 2015). Presenters: Michael J. Songer, Mark A. Klapow, and Michael Appel.
  • "Hot Issues in Trade Secret Litigation," 2014 Trade Secret Law Summit, Santa Clara, CA (December 5, 2014). Moderator: Mark A. Klapow.
  • "Best Practices for Protection from Trade Secret Theft and for Handling Trade Secret Theft Accusation," D.C. Bar, Washington, D.C. (September 9, 2014). Speakers: Mark A. Klapow and Christopher Calsyn.
  • "Unringing the Bell: Best Practices after Exposure to Another's Trade Secret," AIPLA Spring Meeting, Philadelphia, PA (May 15-17, 2014). Speaker: Mark A. Klapow.
  • "Litigation Forecast: Developments in Trade Secrets Law and Strategies for Pursuing International Theft," Crowell & Moring Webinar (September 18, 2013). Presenters: Mark A. Klapow, Mark A. Romeo, Michael J. Songer, and Lucy Grace D. Noyola.
  • "Asian Pacific American Bar Association Panel on the Pros and Pitfalls of Using Social Media for Networking and Business Development," Washington, D.C. (February 26, 2013). Panelist: Mark A. Klapow.
  • "Litigation Forecast Antitrust Webinar: Litigating SEPs and FRAND Terms," Crowell & Moring Webinar (February 12, 2013). Presenters: John S. Gibson, Mark A. Klapow, Beatrice B. Nguyen, and M. Brinkley Tappan.
  • "Corporate Counsel Perspectives," AIPLA 2012 Trade Secret Law Summit, Washington, D.C. (October 23, 2012). Presenter: Mark A. Klapow.


Publications



Client Alerts & Newsletters



Press Coverage



Firm News & Announcements

April 10, 2020 LITIGATION NOTE: Crowell & Moring Secures Win for Client Molson Coors’ Hard Seltzer Launch
September 20, 2019 Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
October 15, 2018 Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
October 31, 2017 Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States
February 21, 2017 Litigation Note: Crowell & Moring Wins Eight-Figure Damages Award for O1 LLC in Arbitration
November 30, 2016 Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
January 19, 2016 Crowell & Moring Releases Fourth Annual Litigation Forecast Report and Second Annual Regulatory Forecast
June 9, 2015 Litigation Note: ProLogic Drops $25M Trade Secrets Lawsuit
January 22, 2015 Crowell & Moring's Antitrust Group Featured in Global Competition Review's 15th Edition "GCR 100"
January 13, 2015 Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast
January 29, 2013 Crowell & Moring Releases Report, "Litigation Forecast 2013"
March 30, 2011 Complex Commercial Litigation Partner Mark Klapow Joins Crowell & Moring, Strengthens Trade Secrets Capabilities