Tyler Newby focuses his practice on a wide range of privacy, intellectual property and complex litigation matters for high technology clients. Mr. Newby is also a member of the firm’s White Collar / Regulatory group where his practice focuses on advising and representing individuals and businesses in regulatory and criminal investigations. 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.
Tyler joins Fenwick & West from the U.S. Department of Justice in Washington, D.C. where he was a Trial Attorney in the Criminal Division’s Computer Crime and Intellectual Property Section. As a federal prosecutor, Tyler investigated and prosecuted intellectual property and Internet-related crimes nationwide and developed initiatives for the investigation and prosecution of cross-border intellectual property investigations with the People’s Republic of China. Tyler also 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.
Tyler has lectured and published extensively on intellectual property matters, the ethical and strategic considerations that arise from parallel criminal and civil proceedings, and ethical constraints on corporate victims’ interactions with federal law enforcement when assisting federal criminal investigations. In addition, Tyler helped to create the U.S. Department of Justice’s first training program for Assistant United States Attorneys and the FBI on the investigation and prosecution of criminal trade secret theft and economic espionage.
Tyler's representative publications and speaking engagements include: