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. 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, Molson Coors, and Western Union in federal and state courts across the country.

Mark has serveed 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.
  • Khoros v. Lenovo. Counsel for Lenovo against former vendor in trade secret litigation. Pending in California federal court.
  • StoneX Group v. Ag Hedger. Counsel for Fortune 200 financial services company. Obtained preliminary injunction after remote evidentiary hearing. Pending in Illinois federal court.
  • Xinuos v. IBM and RedHat. Counsel in antitrust and copyright case regarding operating system market. Pending in Virgin Islands federal court.
  • Thompson Reuters v. ROSS Intelligence. Counsel for AI firm in landmark copyright case regarding Westlaw content. Pending in Delaware federal court.
  • 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.
  • Competitor poaching dispute. 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. 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).


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, 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



Publications



Client Alerts & Newsletters



Media Mentions



Firm News & Announcements

Apr.10.2020 LITIGATION NOTE: Crowell & Moring Secures Win for Client Molson Coors’ Hard Seltzer Launch
Sep.20.2019 Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
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