Mark Flanagan’s years of advising companies and individuals in California gave him deep experience in a variety of disciplines, including government and internal investigations, intellectual property litigation, international arbitration and commercial litigation. One central skill underlay this range of capabilities: he knew how to litigate cases. Clients relied on the excellent judgment and efficient management style that Mr. Flanagan honed through years of practice, and trusted he would persuasively marshal the facts and the law to successfully resolve their most complex and important matters. 

Investigations and Courtroom Experience

Mr. Flanagan’s investigations and courtroom skills had their roots in his tenure as an Assistant United States Attorney (AUSA) in the Central District of California, where he prosecuted cases involving, among other things, bank fraud, federal program fraud and official corruption. As an AUSA, he handled numerous criminal trials, appeals and complex grand jury investigations. He received commendations for his work from the Federal Bureau of Investigation, the United States Customs Service, the Department of Defense Office of Inspector General and the Internal Revenue Service Criminal Investigation Division.

Mr. Flanagan joined WilmerHale in 2006 and represented some of the world’s most influential technology clients in investigations and litigation in jurisdictions around the world. He advised companies on matters relating to data security and privacy, the False Claims Act, immigration fraud and securities fraud. Mr. Flanagan’s knowledge extended to investigations by the US Department of Justice, the Federal Trade Commission, the Offices of Inspector General for multiple other federal agencies, and multiple State Attorneys General. Clients knew that Mr. Flanagan could strategically and efficiently guide them through internal and government investigations. Clients and government adversaries also understood that Mr. Flanagan could take a matter to the mat if necessary.

A Focus on Technology

After more than two decades immersed in work for technology companies, Mr. Flanagan understood the legal, regulatory and business challenges they faced. As he advised these companies, Mr. Flanagan also became an accomplished intellectual property litigator, and was regularly recognized as one of the top IP litigators in California. Here too, Mr. Flanagan’s success sprang in large part from his ability to take a tough case to trial. His IP litigation experience included representation of clients in the software, semiconductor, telecommunications and medical device industries and spans patent and copyright infringement, trade secret misappropriation, Lanham Act and licensing disputes. 

Professional Activities

As a member of the Criminal Justice Act Panel in the US District Court for the Northern District of California, Mr. Flanagan regularly represented indigent federal criminal defendants before the court. He also taught the Cybercrimes and Digital Evidence course at the University of California, Berkeley School of Law. Mr. Flanagan regularly spoke on trial practice, intellectual property and white collar defense topics and is a member of the American Bar Association.