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 >

FLEX by Fenwick is the only service created by an AmLaw 100 firm that provides flexible and cost-effective solutions for interim in-house legal needs to high-growth companies.  MORE >

Fenwick & West handles significant cross-border legal and business issues for a wide range of technology and life sciences who operate internationally..  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:

  • Named Technology Group of the Year by Law360
  • Ranked #1 in the Americas for number of technology deals in 2015 by Mergermarket
  • Nearly 20 percent of Fenwick partners are ranked by Chambers
  • Consistently ranked among the top 10 law firms in the U.S. for diversity
  • Recognized as having top mentoring and pro bono programs by Euromoney


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 >

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Corporate and Securities Alert: New SEC Rule Calls for Hyperlinks to All Exhibits Filed with Registration Statements and SEC Reports

The U.S. Securities and Exchange Commission on March 1, 2017, adopted rules requiring reporting companies to include in their 1933 Act registration statements and 1934 Act periodic and current reports and registration statements a hyperlink to, essentially, all documents that are filed as exhibits to that registration statement or report. The new rules become effective for filings made on or after September 1, 2017, with limited exceptions for certain small filers.

Registration statements, e.g., Forms S-1 and S-3 and Form10, and periodic and current reports, e.g., Forms 10-K, 10-Q and 8-K, require the attachment (or incorporation by reference) of certain documents as exhibits. Exhibits are first listed in the relevant item of the filed document and then are repeated in the exhibit index that is attached to the document. Exhibits to a registration statement or report that were filed as an exhibit to a preceding SEC filing may be incorporated by reference into the current filing by a notation identifying the prior filing from which that exhibit is incorporated.

The new rule requires that any exhibit listed in the exhibit index must be accompanied by an active link to the location of that exhibit in the SEC’s EDGAR filing system. It is noteworthy that this requirement extends not only to documents that are incorporated by reference from prior filings, but also documents actually filed with the current filing. The linking requirement pertains only to exhibits that have been filed on EDGAR, meaning that any incorporated exhibits that were filed in paper format are not covered by the new rule. Similarly, the rule does not apply to exhibits filed in XBRL.

Registration statements filed under the 1933 Act typically are the subject of an initial public filing and one or more amendments prior to the final form of the registration statement being declared effective. Companies filing these registration statements frequently add to the list of filed exhibits in the various amendments, and may revise, and refile, previously filed exhibits. In a change of course from the proposed rule, the SEC will require that each publicly filed version of the registration statement contain the required link for each listed exhibit.

Commenters on the proposed rule expressed concern about the ramifications of inaccurate links that may be mistakenly provided. The final rule provides that if an inaccurate link is contained in a version of a registration statement that has not yet been declared effective, then that error must be corrected in a pre-effective amendment. If the error is contained in a registration statement that has been declared effective, or in a periodic or current report, the error must be corrected in the next periodic report. The SEC states that an inaccurate exhibit link will not render a filing materially deficient or affect a registrant’s ability to use a short-form 1933 Act registration statement, such as Form S-3 or S-8.

A limited number of SEC filings are made in the ASCII format, which does not support the linking functionality like the HTML format used for the vast majority of filings. To implement the new rules, all companies will be required to file registration statements and reports that contain exhibits in the HTML format. The effective date of the rule is deferred until September 1, 2018, for certain small filers (smaller reporting companies and companies that are neither a large accelerated filer nor an accelerated filer) that currently file in the ASCII format.

Notwithstanding the September 1, 2017, effective date for most issuers, the SEC encourages early adoption of the new rule.

Please contact a member of your Fenwick & West team for more information.