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For more than four decades, Fenwick & West LLP has helped some of the world’s most recognized companies become, and remain, market leaders. From emerging enterprises to large public corporations, our clients are leaders in the technology, life sciences and cleantech sectors and are fundamentally changing the world through rapid innovation.  MORE >

Fenwick & West was founded in 1972 in the heart of Silicon Valley—before “Silicon Valley” existed—by four visionary lawyers who left a top-tier New York law firm to pursue their shared belief that technology would revolutionize the business world and to pioneer the legal work for those technological innovations. In order to be most effective, they decided they needed to move to a location close to primary research and technology development. These four attorneys opened their first office in downtown Palo Alto, and Fenwick became one of the first technology law firms in the world.  MORE >

From our founding in 1972, Fenwick has been committed to promoting diversity and inclusion both within our firm and throughout the legal profession. For almost four decades, the firm has actively promoted an open and inclusive work environment and committed significant resources towards improving our diversity efforts at every level.  MORE >

At Fenwick, we are proud of our commitment to the community and to our culture of making a difference in the lives of individuals and organizations in the communities where we live and work. We recognize that providing legal services is not only an essential part of our professional responsibility, but also an excellent opportunity for our attorneys to gain valuable practical experience, learn new areas of the law and contribute to the community.  MORE >

Year after year, Fenwick & West is honored for excellence in the legal profession. Many of our attorneys are recognized as leaders in their respective fields, and our Corporate, Tax, Litigation and Intellectual Property Practice Groups consistently receive top national and international rankings, including:

  • Nearly 15 percent of Fenwick partners named America's Leading Lawyers for Business by Chambers USA and Chambers Global
  • Selected as a "Go-To" law firm by in-house legal departments at Fortune 500 companies in Corporate Counsel magazine
  • Named to The National Law Journal's inaugural "Intellectual Property Hot List" for outstanding patent, copyright, trademark and IP litigation services

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We take sustainability very seriously at Fenwick. Like many of our clients, we are adopting policies that reduce consumption and waste, and improve efficiency. By using technologies developed by a number of our cleantech clients, we are at the forefront of implementing sustainable policies and practices that minimize environmental impact. In fact, Fenwick has earned recognition in several areas as one of the top US law firms for implementing sustainable business practices.  MORE >

At Fenwick, we have a passion for excellence and innovation that mirrors our client base. Our firm is making revolutionary changes to the practice of law through substantial investments in proprietary technology tools and processes—allowing us to deliver best-in-class legal services more effectively.   MORE >

Mountain View Office
Silicon Valley Center
801 California Street
Mountain View, CA 94041
650.988.8500

San Francisco Office
555 California Street
12th Floor
San Francisco, CA 94104
415.875.2300

Seattle Office
1191 Second Avenue
10th Floor
Seattle, WA 98101
206.389.4510

Susan S. Muck

Partner, Securities Litigation

icon partner 415.875.2325  

Susan Muck has conducted internal investigations into alleged bribery and accounting fraud for multinational corporations, represented companies and individuals in SEC investigations and at trial, and regularly advises boards and management on disclosure and accounting issues, the Foreign Corrupt Practices Act, and other regulatory matters. In addition to her expertise in internal and regulatory investigations, Susan has extensive experience defending shareholder and class actions that often accompany regulatory matters. She won the dismissal of General Electric-InVision in securities litigation arising out of the settlement of FCPA investigations by the DOJ and SEC, a result that was affirmed by the Ninth Circuit, Glazer Capital Management, LP v. Magistri, 549 F.3d 736. She also represented the Special Committee of the California MicroDevices Board of Directors in an investigation resulting in the leading California opinion on the conduct of special litigation committees, Desaigoudar v. Meyercord, 108 Cal. App. 4th 173 (2003).

In 2012, Susan was recognized as one of the “Top 100 Lawyers” and one of the "Top Women Lawyers" in California by The Daily Journal. She has repeatedly been named one of the top litigators in California by the Daily Journal, The Best Lawyers in America, and Northern California Super Lawyers. In 2013, Fenwick’s Securities Litigation team was named “Securities Litigation Department of the Year” by The Recorder over 20 other California firms.

A dedicated member of the legal community, she is a founding member of Women in Securities (WISe), a network for women securities defense litigators.

Regulatory and Internal Investigations and Enforcement Proceedings

  • Represented ten Fortune 100 companies in regulatory or internal investigations involving alleged accounting fraud, bribery and corruption or procurement fraud
  • Handled publicly disclosed FCPA or accounting fraud investigations for General Electric-InVision (non-prosecution agreement), RAE Systems (no enforcement action), Connetics (no enforcement action), Sunrise Telecom (no enforcement action), Immersion (no enforcement action)
  • Handled non-public FCPA or accounting fraud investigations for multiple public and private corporations
  • Investigated and resolved alleged FCPA and business practice violations in China, Taiwan and Singapore for three US banks
  • Investigated stock option timing allegations for Equinix, Extreme Networks, MIPS, Sunrise Telecom, Zoran, and many other public companies, concluding all regulatory inquiries with no enforcement action
  • Represented RS Investments in connection with SEC and Attorney General investigations involving alleged mutual fund market timing
  • Successfully defended Morgan Stanley Dean Witter in trial against the SEC challenging the scope of supervisory requirements and procedures

Shareholder Litigation

  • Defended InVision-General Electric in securities class actions arising from FCPA investigations by the DOJ and SEC; dismissal affirmed by the Ninth Circuit
  • Defended Barclays, Dimaond Foods, Electronic Arts, Equinix, Intuit, ShoreTel and Vocera in shareholder class or derivative litigation alleging accounting or disclosure violations
  • Defended life sciences companies Connetics, Immersion, and Sunrise Medical in securities litigation arising out of multi-year restatements and alleged improper revenue recognition
  • Defended Affymetrix, Equinix, Extreme Networks, F5, MIPS, and Zoran in shareholder litigation arising out of alleged stock option backdating
  • Represented multiple special committees investigating or defending shareholder derivative demands, including representation of the Special Litigation Committee of California Micro Devices' Board of Directors, resulting in the leading California opinion on the conduct of special litigation committees, Desaigoudar v. Meyercord, 108 Cal. App. 4th 173 (2003)

Compliance

  • Susan has developed FCPA, UK Bribery Act and general ethics and compliance programs for dozens of public and private companies.
  • She has lectured and written extensively on compliance issues, most recently for the Association of Corporate Counsel, Compliance Week, Law 360, Northwestern University, and Stanford University.

Prior to joining Fenwick & West, she was a partner at Shearman & Sterling.

 

About Susan