Photograph of Mark A. Klapow

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

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.

Mark litigates complex commercial, intellectual property, and antitrust cases. 

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

Mark serves 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.

He and his family live in Somerset.

Representative Matters

  • Computer Sciences Corp. v. Tata Consulting Services et al. (2019). Counsel for CSC against key competitor in trade secret misappropriation case involving annuities management software. Pending in Texas federal court.
  • Arconic v. Novelis et al. (2018). 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 (2017). Counsel for Western Union in trade secret and poaching case. Obtained permanent injunction in Illinois federal court.
  • TCL v. Ericsson (2017). 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. 
  • High frequency trading platform dispute (2017). Counsel in parallel New York and Boston arbitrations. Won eight figure award.
  • Matrix Markets et al. v. NEO Markets et al. (2016). Lead counsel in complex business control and ownership dispute. Won two TROs and defeated two TROs in span of five weeks in Texas state court.
  • Competitor poaching dispute (2014). Counsel for Fortune 100 company in non-compete and trade secret theft case against executive who joined key competitor. Won preliminary injunction in Illinois state court. 
  • Dow Corning v. NuSil Technology (2013). 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. (2012). 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).
  • U.S. v. AT&T (2011). Represented AT&T in case brought by the United States and several states in D.C. federal court to prevent proposed merger with T-Mobile. Case dismissed and merger abandoned based upon FCC opposition.


Affiliations

Admitted to practice: District of Columbia, New York, and Connecticut; the U.S. Courts of Appeals for the D.C., First, Second, and Fourth 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


Highlights, News & Knowledge


Speeches & Presentations

  • "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



In the News



Firm News & Announcements

Oct.15.2018 Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
Oct.31.2017 Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States
Feb.21.2017 Litigation Note: Crowell & Moring Wins Eight-Figure Damages Award for O1 LLC in Arbitration
Nov.30.2016 Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
Jan.19.2016 Crowell & Moring Releases Fourth Annual Litigation Forecast Report and Second Annual Regulatory Forecast
Jun.09.2015 Litigation Note: ProLogic Drops $25M Trade Secrets Lawsuit
Jan.22.2015 Crowell & Moring's Antitrust Group Featured in Global Competition Review's 15th Edition "GCR 100"
Jan.13.2015 Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast
Jan.29.2013 Crowell & Moring Releases Report, "Litigation Forecast 2013"
Mar.30.2011 Complex Commercial Litigation Partner Mark Klapow Joins Crowell & Moring, Strengthens Trade Secrets Capabilities