Mark L. Krotoski represents and advises clients on antitrust cartel investigations; cybersecurity and privacy matters; trade secret, economic espionage, fraud, and foreign corrupt practices cases; and government investigations. With nearly 20 years of experience as a federal prosecutor and a leader in the US Department of Justice (DOJ), Mark provides clients with a unique blend of litigation and investigative experience. He has tried 20 cases to verdict and successfully argued appeals before the US Court of Appeals for the Ninth and Sixth Circuits.
During nearly 20 years as a federal prosecutor, Mark handled a variety of complex and novel investigations and high-profile cases. As the assistant chief of the National Criminal Enforcement Section in the DOJ’s Antitrust Division, he oversaw international criminal antitrust cartel investigations and successfully led trial teams in prosecuting antitrust and obstruction of justice cases involving corporations and executives. He also provided guidance on electronic evidence and forensic issues.
Mark served as the national coordinator for the Computer Hacking and Intellectual Property (CHIP) Program in the DOJ’s Criminal Division, which involved approximately 250 federal prosecutors specially trained to prosecute cybercrime and intellectual property enforcement cases. He successfully prosecuted and investigated virtually every type of computer intrusion, cybercrime, and criminal intellectual property violation.
As chief and deputy chief of the Criminal Division in the US Attorney’s Office for the Northern District of California, he supervised cases involving white collar crime, securities fraud, computer intrusion, intellectual property, organized crime, and antiterrorism. While serving as a Special Assistant Attorney General in California, Mark was counsel of record on 10 amicus briefs filed in the US Supreme Court on criminal justice matters.
He is a former law clerk to Judge Procter R. Hug Jr. of the US Court of Appeals for the Ninth Circuit and Chief Judge William A. Ingram of the US District Court for the Northern District of California.
Mark frequently speaks at national and international conferences on topics involving criminal antitrust enforcement, cybersecurity, cybercrime, and trade secret issues, as well as the use of electronic evidence in investigations and at trial.
Criminal Antitrust Cases
Economic Espionage and Trade Secret Misappropriation
Cyber and Data Security, Unauthorized Access, Computer Intrusions, Cybercrime
Other Intellectual Property Enforcement Cases
Member, Practice Group of the Year, Competition, Law360 (2017–2021)
Recognized, Top Cyber Lawyer, Daily Journal (2018, 2022)
Member, Practice Group of the Year, Antitrust Law, US News & World Report/Best Law Firms (2017)
Antitrust Writing Award, Concurrences (2017)
Cybersecurity Trailblazer, The National Law Journal (2016)
Recognized, Incident Response 30, Cybersecurity Docket (2016)
Recommended, Media, technology and telecoms: Cyber law (including data privacy and data protection), The Legal 500 US (2018–2020, 2022)
Recommended, Antitrust: Cartel, The Legal 500 US (2015, 2017–2019, 2022)
Recommended, Antitrust: Civil Litigation/Class Actions, The Legal 500 US (2015)
Award of Distinction, Assistant US Attorney General, Antitrust Division, US Department of Justice
Distinguished Service Award, Assistant US Attorney General, Criminal Division, US Department of Justice
Award for Superior Performance, Assistant US Attorney, Executive Office of the United States Attorneys Director
William J. Schafer Award of Excellence (for US Supreme Court amicus briefs), Association of Government Attorneys in Capital Litigation
Member, MLex San Francisco Advisory Board
Member, Compliance & Ethics Committee, Antitrust Law Section, American Bar Association
Member, Antitrust & Unfair Competition Section, The State Bar of California
Member, Cybersecurity & Privacy Law Section, Bar Association of San Francisco,
Member, Federal Bar Association
Member, Bay Area Recently Retired Former Feds
Former member, American Society for Industrial Security (ASIS)
Former member, Computer Hacking and Intellectual Property (CHIP) Prosecutors Working Group
Former bencher, William A. Ingram Inn, American Inn of Court
Former member, Criminal Rules and Practice Committee, US District Court for the Northern District of California