5/23/2012
Essential Elements for Successfully Launching a New Venture5/29/2012
The JOBS Act - What it Means for Your Company5/31/2012
Gartner Security and Risk Management Summit6/11/2012
18th Annual Directors College6/24/2012
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:
- More than 15% of Fenwick & West partners are ranked in Band 1 or Band 2 by Chambers USA 2011
- Ranked as a "Top Technology & Life Sciences Law Firm" by InterContinental Finance Magazine
- Ranked #4 in the American Lawyer 2011 Law Firm Technology Survey
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.
Read more about our commitment to sustainability and cleantech
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
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Mark's practice focuses on helping cleantech and other high technology companies grow into sustainable businesses. He does this by assisting them in acquiring, developing and commercializing their technologies and products. For over twenty years, Mark has helped many leading Silicon Valley startups and public companies navigate their licensing, distribution and technology transactions.
Mark regularly represents startup, emerging and established IT and cleantech clients through all phases of their business lifecycle in matters related to:
- IP acquisition and protection
- key licenses and technology transfer agreements
- government funding programs
- collaborative development arrangements
- participation in standards organizations
- manufacturing and production agreements
- go-to-market strategies
- commercial deals with suppliers, partners and customers
- IP support for mergers and acquisitions
Mark is also co-chair of the Antitrust and Unfair Competition Group. His antitrust services include merger filings and investigations, antitrust counseling, and assisting clients with a wide variety of antitrust, marketing, M&A, intellectual property and misuse issues.
His practice includes regularly representing clients before various government antitrust agencies in connection with the U.S. Hart-Scott-Rodino Act and other antitrust aspects of acquisitions worldwide. He has personally handled almost two hundred filings with the Federal Trade Commission and Department of Justice antitrust sections specifically responsible for high technology matters, including many of the most significant recent transactions in the industry, such as Cisco System's acquisition of Scientific Atlanta, Symantec Corporation's acquisition of VERITAS Software, Macromedia's sale to Adobe Systems, Data Domain's sale to EMC, and the sales of both Zappos.com and Diapers.com to Amazon.com.
He has managed numerous HSR 'second requests' and related foreign investigations involving market concentration, technology and IP issues, including matters such as Adobe/Macromedia, Cooper/Ocular Sciences, ScanSoft/Nuance, Cadence/CCT, Fair Isaac/HNC, Microsoft/Intuit, TIBCO/Talarian, and VeriSign/Thawte.
He also provides daily advice and counseling on the issues and business practices critical to technology industries, including R&D collaborations, patent pools and standard setting, product interoperability, patent and copyright misuse, package licensing and bundling, marketing and distribution, and pricing and discrimination.
Notable companies he has represented include:
- Amyris
- ASML
- Cisco Systems
- Concur Technologies
- CooperVision
- Intuit
- Kleiner Perkins Caufield & Byers
- Silver Spring Networks
- Symantec
- VeriSign
Among his recent matters, Mark has handled a number of partnering and commercial transactions for a leading smart grid technology supplier, and assisted a number of leading venture capital firms in transactions for their clean technology startups, including fundamental patent assignments and licenses and key consulting and cooperative development agreements. He also has recently advised on a variety of university tech transfer, prototype development, manufacturing and supply agreements for clients in the solar, biofuel and biochemical markets.
Mark has authored or presented numerous articles and speeches on a variety of licensing and antitrust topics relevant to technology industries, and is often quoted in industry and general media. He was a contributing author to the ABA Antitrust Section handbook Intellectual Property Misuse: Licensing and Litigation (2000), the 2005 edition of the California CEB publication Sales and Mergers of California Businesses, and the California State Bar's California State Antitrust Law and Unfair Competition Law (2009). In addition, he regularly provides educational seminars for high technology companies regarding both licensing and antitrust issues. He is a member of the ABA Section of Antitrust Law and the Science and Technology Law Section, where he co-chairs the Cleantech and Climate Change committee.
Mark has been listed in Best Lawyers in America for antitrust law since 2009 and selected as a Northern California Super Lawyer since 2006 by Super Lawyers, a Thomson Reuters publication.
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