Mark A. Klapow is partner in the Litigation Group of Crowell & Moring LLP specializing in complex commercial cases, including cases involving Antitrust, Intellectual Property, and business torts. Mark is also a recognized leader in handling cases involving trade secrets and has often written on the subject. Mark is based in the firm's Washington, D.C. office.
Mark has successfully represented Fortune 500 clients at hearings and trials in federal and state courts nationwide across a variety of industries, including technology, financial services, oil and gas, consumer products, and machinery. Beyond litigation, Mark has counseled those clients on the same issues.
Mark joined Crowell & Moring in 2011 after 11 years at Howrey. At his prior firm, Mark was the D.C. Hiring Partner and a leader of Howrey's Trade Secrets Task Force.
Mark has received the highest rating possible by his peers through Martindale-Hubbell and was identified as a "Future Star" in 2009, 2010, and 2011 by Benchmark: The Definitive Guide To America's Leading Litigators.
Representative Matters
Commercial Litigation
Caterpillar v. Sturman Industries, et al. Represented Caterpillar through two five-week jury trials and one bench trial in Illinois federal court on trade secret misappropriation, breach of contract, and patent ownership and inventorship claims. Obtained summary judgment against all the counterclaims. Won favorable verdicts from both juries and ownership of all of the patents.
Metroil Inc. v. ExxonMobil et al. Lead counsel for ExxonMobil in test case (and two follow-on cases filed by over 20 dealers) on an issue of first impression under anti-divestiture statute and the Petroleum Marketing Practices Act. Won dismissal in D.C. federal court. Argued and won appeal in D.C. Circuit.
Anheuser-Busch v. Afa Dispensing Group, et al. Represented A-B in a supplier dispute relating to a highly sensitive product in development. A-B's request for TRO based on misappropriation of trade secrets and violation of non-compete clause was granted in Missouri federal court. Supplier's parallel request for TRO and injunction to require continued performance was denied after hearing in a New York federal court.
Santiago Sepulveda, et al. v. Esso Standard Oil Co. Argued and won appeal for ExxonMobil subsidiary in First Circuit in consolidated cases against more than 100 dealers opposing market withdrawal. Puerto Rico federal court granted Esso summary judgment on remaining claims against other plaintiffs.
Caterpillar Inc. v. Navistar and International Truck & Engine Corp., et al. Represented Caterpillar over five years in massive supplier/competitor dispute involving breach of contract, tort, conspiracy and fraud claims in state court. Argued dozens of motions. Obtained favorable settlement on the eve of trial.
Antitrust Litigation
United States, et al., v. AT&T Inc. et al. Represented AT&T in case brought by the United States and several states in D.C. federal court under Section 7 of the Clayton Act seeking to prevent proposed merger with T-Mobile. Case and merger abandoned after FCC announced opposition.
AMD v. Intel Represented Intel against rival AMD in Sherman Act Section 2 monopolization case involving allegedly unlawful loyalty rebates and bundling in Delaware federal court. Settled after extensive discovery and pretrial motion practice. DFA v. Estee Lauder Lead antitrust counsel in conspiracy and attempted monopolization case in retail industry. Pending in Florida federal court.
Intellectual Property Litigation
FCStone v. Meyer, et al. Lead counsel for FCStone against former employee who left with confidential information to try to set up a competing business. Won preliminary and permanent injunctive relief in trade secret misappropriation and non-compete case in Iowa federal court.
In re Certain Hydraulic Excavators. Represented Caterpillar in trademark infringement (grey market) case in the ITC. Won judgment and exclusion order.
OSI v. ATEC, et al. Lead counsel for ATEC and its employees against competitor that claimed trade secret misappropriation, economic espionage, tortious interference, computer fraud, and breach of employment agreement. Won complete dismissal in Maryland federal court.
Tex Pat v. Alcoa, et al. Lead counsel for Alcoa and subsidiaries in false patent marking case in Texas federal court. Obtained favorable settlement (and subsequent withdrawal of a follow on case).
TQP Developments v. Aflac et al. Lead counsel for INTL FCStone in multi-defendant patent infringement case. Pending in Texas federal court.
Pro Bono Activities
1630 Park Road Tenants v. Park Lee Assoc., et al. Lead counsel for tenants in claims against landlord for uninhabitable conditions in D.C. superior court. Preliminary injunction granted.
Represented Holocaust survivors in claims to the German government.
Professional Activities and Memberships
· Litigation Vice Chair, Trade Secret Law Committee, American Intellectual Property Law Association
· Antitrust, Energy, and Intellectual Property Litigation Committees, ABA
· Petroleum Marketing Committee, ABA
· General Counsel and Board Member, Adat Shalom Reconstructionist Congregation
Publications
· "The ITC Can Play a Critical Role in Combating International Trade Secret Theft," Intellectual Property Today (January 20, 2012). Co-Authors: Mark A. Klapow, Kathryn L. Clune and Jessica Thompson.
· "Does Your Company Need An IP Protection Audit?," Employment Law360 / IP Law360 (June 14, 2011). Author: Mark A. Klapow.
· "The ITC Solution To The Gray Market Problem In the Internet Age," Landslide (AIPLA) (March 2011). Co-Author: Mark A. Klapow.
· Case Study: Moncrief Oil v. OAO Gazprom, Law 360 (February 2011). Co-Author: Mark A. Klapow.
· "10 Signs Your Company Has Trade Secrets To Protect," Law 360 (December 2010). Co-Authors: Mark A. Klapow and Lucy Wheatley.
· "Bifurcation in Patent/Antitrust Cases," National Law Journal (November 2010). Co-Author: Mark A. Klapow.
Alerts & Newsletters
· "Federal Circuit Holds That Settlement Negotiations Are Not Privileged," IP Insights (April 17, 2012). Contacts: Mark A. Klapow, Sonia Williams Murphy, Clyde E. Findley.
· "New Jersey Adopts the Uniform Trade Secrets Act," Trade Secrets Alert (January 31, 2012). Contacts: Terence P. Ross, Mark A. Klapow, Lucy Grace Noyola.
· "Circuit Court Reinforces That Neither Lack Of Novelty Nor Ability To Reverse Engineer Are Defenses To Trade Secret Misappropriation," Trade Secrets Alert (January 30, 2012). Contact: Mark A. Klapow.
· "The ITC Can Play A Critical Role In Combating International Trade Secret Theft," Trade Secrets Alert (December 8, 2011). Contacts: Mark A. Klapow, Kathryn L. Clune.
· "District Court Carves Out "Trade Secret Exception" to California Ban on Enforcement of Non-Compete Agreements," Trade Secrets Alert (September 20, 2011). Contacts: Mark A. Klapow, Mark A. Romeo, Carri Becker Maas.
· "Texas Supreme Court Expands Scope of Enforceable Non-Competes," Trade Secrets Alert (June 30, 2011). Contacts: Ellen Moran Dwyer, Mark A. Klapow.
· "Hidden Discount Judgment of $2 Billion Against Ford: Implications for Pricing Systems," Antitrust Law Alert (June 22, 2011). Contacts: Robert A. Lipstein, Mark A. Klapow, Christie L. Stahlke.
· "Trade Secret Misappropriation and Non-Competes Across (California) State Lines: What Law Governs?," Trade Secrets Alert (June 13, 2011). Contacts: Mark A. Romeo, Mark A. Klapow, Carri Becker Maas.