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Mark A. Klapow

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Areas of Focus

Overview

Mark Klapow is a Chambers-ranked trial lawyer specializing in high stakes technology disputes.  He has tried and obtained significant victories in TROs, injunctions, dismissals, and verdicts in cases involving artificial intelligence, enterprise software, financial services, and emerging technologies.  Over 25 years of experience representing startups and Fortune 500 companies in “bet the company” litigation matters, Mark has represented household names like Alcoa, AT&T, Caterpillar, Dow Chemical, Ericsson, ExxonMobil, Intel, Lenovo, Molson Coors, StoneX, and Western Union in courts throughout the country.

Mark’s recent matters have included some of the country’s most significant intellectual property and complex commercial cases.  In May 2026, Mark led a team that obtained a unanimous eight figure jury verdict for client C3.ai in a closely watched AI trade secret misappropriation case in Delaware. Chambers USA highlighted Mark’s “proven strength on joint patent and trade secrets disputes.”  World Intellectual Property Review’s “Highly Recommended” ranking quoted clients calling Mark a “terrific winning lawyer” with an “excellent success record.” A distinguished peer says he “always seems to be on one of these big trade secrets cases.”

Mark is widely recognized as a leader in technology and trade secret litigation having served as chair of the of AIPLA Trade Secret Law Committee, co-chair the ABA-IPL Trade Secrets Committee, and on the Trade Secrets Steering Committee of the Sedona Conference.  Mark served as a co-chair of the firm’s Litigation Group and is the creator and editor of Crowell's annual Litigation Forecast, a guide for in-house counsel managing litigation in the coming year.

Mark serves as outside general counsel for the Hispanic Heritage Foundation. Outside of the office, he is president of Adat Shalom and on the board of the AJC DC region.

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

Career & Education

    • 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

    • Co-Chair, ABA-Intellectual Property Law Trade Secrets and Interferences with Contracts Committee
    • 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
    • The American Bar Foundation: Fellow

    Professional Activities and Memberships

    • Co-Chair, ABA-Intellectual Property Law Trade Secrets and Interferences with Contracts Committee
    • 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
    • The American Bar Foundation: Fellow

Mark's Insights

Firm News | 2 min read | 05.20.26

Crowell Secures $23.3 Million Jury Verdict for C3.ai in Major Trade Secret Case

Washington – May 20, 2026: Crowell & Moring achieved a decisive victory for leading Enterprise AI application software company C3.ai, obtaining a $23.3 million jury verdict following a seven-day trial in Wilmington, Delaware. The jury unanimously found Cummins liable for trade secret misappropriation and breach of contract in a suit brought by C3.ai more than two and a half years ago....

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Representative Matters

AI and Software Cases

  • C3.ai v. Cummins Engine Co. Secured unanimous jury verdict, judgment, and eight figure damages award for leading Enterprise AI software client c3.ai that former customer misappropriated trade secrets and breached the license by “studying” and “replicating” them to build its own application.  Named to Law.com’s Litigator of the Week list. Pending in Delaware state court (2026). 
  • Thompson Reuters v. ROSS Intelligence. Counsel for AI firm in landmark copyright case regarding Westlaw content. On appeal in the Third Circuit. (2026)
  • Xinuos v. IBM and RedHat. Counsel in antitrust and copyright case regarding operating system market. On appeal in the Second Circuit. (2026)
  • Khoros v. Lenovo. Obtained favorable resolution Lenovo against former vendor in trade secret litigation in California federal court. (2021).

Financial Services Cases

  • Mercantile Global v. Hamilton M&A. Confirmed eight figure arbitration award in favor of digital currency exchange.  Second Circuit (2025).
  • AllRounds v. Carta et al. Secured public walk-away settlement for Carta (fka eShares) in trade secret/patent dispute after substantial narrowing of plaintiff’s case and pending summary judgment.  (2022)
  • StoneX Group v. Ag Hedger. Counsel for Fortune 200 financial services company. Obtained preliminary injunction after evidentiary hearing, then obtained a permanent injunction. (2021)
  • Western Union v. Paymentus Group. Counsel for Western Union in trade secret and poaching case. Obtained permanent injunction in Illinois federal court.

Emergency Injunctions and Other Technology Cases

  • 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)
  • 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)
  • Arconic v. Novelis. Counsel for Arconic (fka Alcoa) against key competitor in trade secret misappropriation case involving aluminum bonding technology for automotive applications.
  • 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.
  • 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

Firm News | 2 min read | 05.20.26

Crowell Secures $23.3 Million Jury Verdict for C3.ai in Major Trade Secret Case

Washington – May 20, 2026: Crowell & Moring achieved a decisive victory for leading Enterprise AI application software company C3.ai, obtaining a $23.3 million jury verdict following a seven-day trial in Wilmington, Delaware. The jury unanimously found Cummins liable for trade secret misappropriation and breach of contract in a suit brought by C3.ai more than two and a half years ago....

View All Insights

Insights

Firm News | 2 min read | 05.20.26

Crowell Secures $23.3 Million Jury Verdict for C3.ai in Major Trade Secret Case

Speaking Engagement | 04.24.26

"Trade Secrets Defenses: Generally Known or Readily Ascertainable," 2026 AIPLA Trade Secret Summit

Speaking Engagement | 04.23.26

"Combination Trade Secrets," 2026 AIPLA Trade Secret Summit

Firm News | 2 min read | 02.23.26

Chambers Ranks Crowell & Moring Practices and Lawyers in 2026 Global Guide

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Practices

Industries

Mark's Insights

Firm News | 2 min read | 05.20.26

Crowell Secures $23.3 Million Jury Verdict for C3.ai in Major Trade Secret Case

Washington – May 20, 2026: Crowell & Moring achieved a decisive victory for leading Enterprise AI application software company C3.ai, obtaining a $23.3 million jury verdict following a seven-day trial in Wilmington, Delaware. The jury unanimously found Cummins liable for trade secret misappropriation and breach of contract in a suit brought by C3.ai more than two and a half years ago....

View All Insights