Mark D. Flanagan


Partner-in-Charge, Palo Alto Office

Flanagan, Mark D.

Mark Flanagan is the partner-in-charge of the firm's Palo Alto office, a partner in the firm's Litigation/Controversy Department, and a member of the Intellectual Property Litigation, International Arbitration, International Litigation, and Investigations and Criminal Litigation Practice Groups. He is also the hiring partner for the firm's Palo Alto office. He joined the firm in 2006. Mr. Flanagan’s practice is diverse, focusing on intellectual property litigation and counseling, white collar criminal defense and international arbitration.


Mr. Flanagan is a seasoned trial attorney with in-depth experience in IP litigation, white collar criminal defense and international arbitration. He represents clients principally in the semiconductor, computer, telecommunications, clean tech and publishing industries in a variety of matters, including patent and copyright infringement, trade secret misappropriation and licensing disputes. Mr. Flanagan also represents companies and individuals in white collar criminal defense matters. His practice spans a variety of jurisdictions and fora, including district and appellate courts throughout the country and arbitration organizations throughout the world.

Prior to joining WilmerHale, Mr. Flanagan served as an Assistant United States Attorney in the Central District of California, where he prosecuted cases involving, among other things, bank fraud, customs fraud, defense contractor fraud, federal program fraud, tax fraud, bribery and official extortion. At the United States Attorney’s Office, Mr. Flanagan tried numerous criminal trials, argued appeals before the US Court of Appeals and supervised multiple complex grand jury investigations.

Honors & Awards

  • Selected by peers for inclusion in the 2013, 2014 and 2015 editions of the Best Lawyers in America for his intellectual property litigation practice
  • Named to the Los Angeles Daily Journal’s exclusive list of the “50 Leading IP Litigators in California” in 2008 and the "Top 75 IP Litigators in California" in 2009, 2010 and 2011
  • Recognized in the 2007-2014 editions of Northern California Super Lawyers for his intellectual property litigation practice
  • Received commendations for his work at the United States Attorney’s Office from the Federal Bureau of Investigation, the United States Customs Service and the Department of Defense

Publications & News


August 15, 2013

Best Lawyers in America® 2014 Recognizes Nearly 100 WilmerHale Partners, Naming Eight “Lawyer of the Year”

Nearly 100 WilmerHale lawyers have been selected for inclusion in the 20th edition of The Best Lawyers in America®—a respected peer-review publication in the legal industry.

July 16, 2013

Palo Alto Attorneys Featured in 2013 Northern California Super Lawyers

Twenty-two WilmerHale attorneys ranked in the tenth annual Northern California Super Lawyers listing for 2013.

June 18, 2013

Bay Area News Names WilmerHale Among “Top Workplaces”

WilmerHale's Palo Alto office has been named among the Bay Area's "Top Workplaces" by Bay Area News.

February 23, 2012

America Under Hack Attack, Interest in Cybercrime Renewed

An article co-authored by Mark D. Flanagan and Brian R. Michael, published in the Los Angeles Daily Journal, Vol. 125, No. 036.

June 15, 2011

Q&A With WilmerHale's Mark Flanagan

An article featuring Mark Flanagan in Law360's Series for Intellectual Property. 

April 11, 2011

Flanagan and Selwyn Again Named “Top Intellectual Property Lawyers” in California

April 12, 2010

Flanagan and Selwyn Once Again Named Among Top IP Litigators in California

April 6, 2010

Victory for Grace Semiconductor and IDT in Patent Infringement Suit

April 10, 2009

Dowd, Flanagan and Selwyn Named Among the “Top 75 IP Litigators in California”

April 16, 2008

Flanagan and Selwyn Named Among the “50 Leading IP Litigators in California”

Los Angeles Daily Journal includes two Palo Alto partners in its selective list

Recent Highlights

In the last several years, Mr. Flanagan’s work has included the following matters:

  • Representation of a Chinese semiconductor foundry in a dispute before the Hong Kong International Arbitration Centre concerning a technology transfer agreement with a major US technology company
  • Representation of a major wireless technology company in patent license disputes against cellular handset manufacturers resulting in awards valued at $253 million and $134 million in favor of the client
  • Representation of a major cellular handset manufacturer in multiple patent infringement lawsuits
  • Representation of a developer of a popular Facebook application in an ownership and copyright infringement dispute
  • Representation of the Special Committee of the Board of Directors of a publicly-held company concerning stock option grants
  • Representation of individuals in investigations and lawsuits concerning stock option grants
  • Representation of a video game developer in a copyright and trade dress lawsuit brought by its principal competitor. See Incredible Technologies v. Virtual Technologies, 400 F. 3d 1007 (7th Cir. 2005).
  • Representation of a medical device company in multi-district patent infringement and antitrust lawsuits
  • Representation of companies and individuals in grand jury investigations concerning a variety of fraud-related allegations

Professional Activities

Mr. Flanagan is a member of the American Bar Association. He is a frequent speaker on trial practice and intellectual property topics.



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JD, University of California, Berkeley School of Law, 1987, Editor, California Law Review

BA, Political Science, magna cum laude, University of California, Los Angeles, 1984, Phi Beta Kappa

Bar Admissions