Flanagan, Mark D.

Mark D. Flanagan

Flanagan, Mark D.

Mark D. Flanagan


  • Partner-in-Charge, Palo Alto Office

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 White Collar Defense and Investigations Practices. 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.

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.


  • 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


  • 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 2007–2018 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

Insights & News


  • Education

    • JD, University of California, Berkeley School of Law, 1987

      Associate Editor, California Law Review
    • BA, Political Science, University of California, Los Angeles, 1984

      magna cum laude Phi Beta Kappa
  • Admissions

    • California

  • Government Experience

    • Department of Justice

      United States Attorneys' Offices

      Assistant US Attorney, Public Corruption and Government Fraud Unit, Los Angeles, California