Mark A. Klapow

Partner

Partner

Washington, D.C.
- D
  +1.202.624.2975

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Areas of Focus

Overview
Representative Matters
Insights
Related Practices/Industries

Overview

Mark Klapow represents clients in trade secrets and other complex disputes nationwide. He has represented Fortune 500 companies including Alcoa, AT&T, Caterpillar, Dow Chemical, Ericsson, ExxonMobil, Intel, Lenovo, Molson Coors, Stone X, and Western Union, as well as many technology companies and start-ups in some of their most challenging disputes.

A recognized leader in litigating trade secrets cases, Mark was ranked “Highly Recommended” by World Intellectual Property Review (WIPR) in its 2024 USA Trade Secret Rankings—among the top 20 lawyers. WIPR’s commentary stated, “seasoned litigator Mark Klapow ‘is a terrific winning lawyer,’ according to a major financial client, while a distinguished peer says he ‘always seems to be on one of these big trade secrets cases.’ One client’s reasons for choosing the firm was their ‘excellent success record with Mark Klapow.’ ”

He is also a thought leader in the trade secrets legal community, including serving on the Trade Secrets Steering Committee of the Sedona Conference and co-chairing the ABA-IPL Trade Secrets and Interferences with Contracts Committee. He previously served as chair of the of AIPLA Trade Secret Law Committee and speaks at its conference every year. He is also an editor of the firm's Trade Secrets Trends blog.

Mark is also the creator of the firm's annual Litigation Forecast, a guide for in-house counsel managing litigation in the coming year. Previously, he served as the Litigation Group co-chair for five years.

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

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
- 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

Speaking Engagement | 09.10.24

“Trade Secret Litigation Case Management Issues,” 2024 Sedona Conference on Trade Secrets, Phoenix, AZ

Press Coverage | 09.04.24
AI Co. Keeps Engine Supplier In Trade Secrets Suit
Speaking Engagement | 03.21.24
“Tips from the Trenches: Litigating and Trying Trade Secret Cases as a Plaintiff and Defendant, What Every Business Need to Know,” 2024 DRI Business and Intellectual Property Litigation Super Conference, Philadelphia, PA
Speaking Engagement | 03.14.24
“Fireside Chat with Jim Pooley – The Reasonable Measures Expert,” 2024 AIPLA Trade Secret Summit, Santa Clara, CA

View All Insights

Representative Matters

C3.ai v. Cummins Engine Co. Counsel for leading developer and provider of enterprise AI applications in trade secret dispute. Pending in Delaware state court. (2023)
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)
AllRounds v. Carta et al. Counsel for Carta (fka eShares) defending trade secret and patent dispute over financial platforms for capitalization table management, valuation, and trading. Plaintiff accepted a walk-away settlement after a California federal court struck more than half its patent case and in the face of summary judgment. (2022)
Thompson Reuters v. ROSS Intelligence. Counsel for AI firm in landmark copyright case regarding Westlaw content. Pending in Delaware federal court.
Xinuos v. IBM and RedHat. Counsel in antitrust and copyright case regarding operating system market. Pending in New York federal court.
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. (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 verdict 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).