Tyler Newby focuses his practice on privacy and data security litigation, counseling and investigations, as well as intellectual property and commercial disputes affecting high technology and data driven companies. Tyler regularly advises companies large and small on responding to data security incidents, and has an active practice in defending companies in consumer class actions, state attorney general investigations and federal regulatory agency investigations arising out of privacy and data security incidents.
In 2014, Tyler was named among the top attorneys in the United States under the age of 40 by Law360. He is among only three attorneys recognized nationwide for privacy work.
Prior to rejoining Fenwick & West in 2011, Tyler was a Trial Attorney with the U.S. Department of Justice’s Computer Crime and Intellectual Property Section. As a federal prosecutor, Tyler investigated and prosecuted intellectual property and cybercrimes nationwide, and advised federal law enforcement on compliance with the Fourth Amendment, the Electronic Communications Privacy Act, and other statutes pertaining to electronic surveillance and the search and seizure of electronic information.
While at the Department of Justice, Tyler also served as a Special Assistant United States Attorney in the Cyber Unit of the United States Attorney’s Office for the Eastern District of Virginia in Alexandria, Virginia. As a Special Assistant, Tyler prosecuted fraud, intellectual property and computer intrusion offenses.
Tyler is an experienced trial lawyer. His courtroom experience has included serving as lead trial counsel on complex intellectual property and fraud matters, including the first criminal jury trial concerning the use of the BitTorrent protocol to facilitate criminal copyright infringement. Tyler also has extensive experience in handling ex parte and preliminary injunction procedures in both California and federal trade secret, copyright and trademark matters.