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 in technology, financial services, oil and gas, consumer products, machinery, and other industries at hearings and trials in federal and state courts throughout the country. Beyond litigation, Mark has provided a wide range of counseling to those clients. Mark joined Crowell & Moring from Howrey in 2011. At his prior firm, Mark was the D.C. Hiring Partner and leader of Howrey's Trade Secrets Task Force. Mark is rated AV® Preeminent, the highest rating, 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 Trade Secrets 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 counterclaims. Won favorable verdicts from both juries and ownership of all of the patents. 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 a TRO based on misappropriation of trade secrets and violation of non-compete clause was granted in Missouri federal court. The supplier's parallel request for TRO and injunction to require continued performance was denied after hearing in a New York federal court. 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. FCStone v. Meyer, et al. Lead counsel for FCStone against former employee who left with confidential information to set up competing business. Won preliminary and permanent injunctive relief in trade secret misappropriation and non-compete case in Iowa federal court. Commercial Litigation Metroil Inc. v. ExxonMobil et al. Lead counsel in test case (and two follow-on cases filed by more than a dozen dealers) on an issue of first impression challenging ExxonMobil's sale of D.C. service stations under D.C. anti-divestiture statute and the Petroleum Marketing Practices Act. Won complete dismissal in D.C. federal court. Argued appeal in D.C. Circuit, decision pending. 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 Illinois state court. Obtained favorable settlement on the eve of trial. Santiago Sepulveda, et al. v. Esso Standard Oil Co. Represented ExxonMobil affiliate in five consolidated cases against more than 100 dealers. After four-day injunction hearing and bench trial in Puerto Rico federal court, dealer request for an injunction was denied. Court granted Esso summary judgment on the remaining claims. Argued and won appeal in First Circuit. Antitrust Litigation United States of America, et al., v. AT&T Inc. et al. Represent AT&T against the United States and several states in Clayton Act Section 7 case to prevent AT&T's proposed merger with T-Mobile. Pending in D.C. federal court. 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. Obtained favorable settlement. Patent and Trademark Litigation Patent and Trademark Litigation In re Certain Hydraulic Excavators and Components Thereof. Represented Caterpillar in trademark infringement (grey market) case before the ITC. Won judgment for Caterpillar and exclusion order entered. Tex Pat v. Alcoa, et al. Lead counsel for Alcoa and subsidiaries in false patent marking case in Texas federal court. Obtained favorable settlement before extensive discovery. 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 living conditions. Injunction granted. Represented Holocaust survivors in claims to the German government. Professional Activities and Memberships · Petroleum Marketing Attorneys Association · Trade Secret Law Committee, American Intellectual Property Law Association · General Counsel and Board Member, Adat Shalom Reconstructionist Congregation Publications · "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 · "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, Jane Foster. · "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. |