For more than four decades, Fenwick & West 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.
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.
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.
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.
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:
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.
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.
Mountain View Office
Silicon Valley Center
801 California Street
Mountain View, CA 94041
San Francisco Office
555 California Street
San Francisco, CA 94104
1191 Second Avenue
Seattle, WA 98101
The People of the State of California v. Delta Air Lines Inc., No. 12-526741 (Superior Court for the State of California, City and County of San Francisco filed Dec. 6, 2012).
California's Online Privacy Protection Act (CalOPPA)
CalOPPA, Cal. Bus. & Prof. Code §§ 22575-22579, applies to any operator of a commercial website or online service – including a mobile app that collects personally identifiable information about consumers residing in California.
The statute defines personally identifiable information to include:
Increasing Enforcement of CalOPPA
About five months after the Joint Statement of Principles, on July 19, 2012, the Attorney General created a new Privacy Enforcement and Protection Unit within the Department of Justice eCrime Unit. The Privacy Unit's mission is to enforce federal and state privacy laws regulating the collection, retention, disclosure, and destruction of private or sensitive information by individuals, organizations, and the government. CalOPPA is one of the laws the Privacy Unit is charged with enforcing.
Just a few days after the 30 day period ended, on December 6, 2012, the Attorney General filed the first legal action under CalOPPA against Delta Airlines, alleging that its Fly Delta app violates the online privacy law.
Allegations Concerning the Fly Delta App
The Attorney General's lawsuit targets the Fly Delta application for smartphones and other electronic devices. The app allows customers to check in online, view reservations, pay for checked baggage, book flights, and perform other tasks related to flying.
The complaint seeks an injunction prohibiting Delta from distributing the app until it complies with CalOPPA, in addition to a penalty of up to $2,500 for each copy of the non-compliant app downloaded by California consumers.
Focus on Mobile Apps
Although CalOPPA applies to any website or online service that collects personally identifiable information, the Attorney General's focus on mobile app developers is notable, particularly in light of the absence of enforcement actions in the eight years the statute has been in effect. The Attorney General's office sent letters like the one it sent to Delta to numerous other app developers, and the Delta lawsuit may be just the first of many future enforcement actions.