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 2013-2018 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
  • Named as one of the "Top 100 Attorneys in Northern California" in 2015 by Super Lawyers magazine 
  • Recognized in the 2007-2017 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 16, 2017

WilmerHale Lawyers Named Among the 2018 Best Lawyers in America®, Nine Recognized as Lawyers of the Year

Best Lawyers in America®—the oldest and most respected peer-review publication in the legal industry—recognizes 107 WilmerHale lawyers and names nine partners as Lawyers of the Year in its 24th edition.

August 15, 2016

WilmerHale Lawyers Named Among the 2017 Best Lawyers in America®, Six Recognized as Lawyers of the Year

Best Lawyers in America®—a respected peer-review publication in the legal industry—recognizes 101 WilmerHale lawyers and names six partners as Lawyers of the Year in its 23rd edition.

April 8, 2015

Silicon Valley Robot Block Party Draws Enthusiastic Crowds to WilmerHale

Crowds of investors, fans and students celebrated the region's thriving robotics industry and its many innovators at the 2015 Silicon Valley Robot Block Party hosted by WilmerHale and Silicon Valley Robotics.

April 2, 2015

WilmerHale Lends Voice in Discussion on Changing Patent Landscape at Georgetown Law Patent Conference

More than 100 clients, policymakers and law students attended the Georgetown University Law Center Conference on March 23, which focused on the theme of "the changing patent landscape." The event featured panel discussions with representatives from WilmerHale, government agencies, academia and industry, and culminated in a keynote address by Republican Congressman Darrell Issa. This year marks the third time WilmerHale has partnered with Georgetown Law to host the conference, which happens every other year.

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

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 serves as an adjunct professor at The University of California, Berkeley School of Law, where he teaches a semester-long course on cyber crimes. He 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, Associate Editor, California Law Review

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

Bar Admissions


Government Experience

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