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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 >

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:

  • Nearly 15 percent of Fenwick partners named America's Leading Lawyers for Business by Chambers USA and Chambers Global
  • Selected as a "Go-To" law firm by in-house legal departments at Fortune 500 companies in Corporate Counsel magazine
  • Named to The National Law Journal's inaugural "Intellectual Property Hot List" for outstanding patent, copyright, trademark and IP litigation services

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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 >

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

Shanghai Office
Unit 908, 9/F, Kerry Parkside Office
No. 1155 Fang Dian Road
Pudong New Area, Shanghai 201204
P.R. China
+86 21 8017 1200

Tyler G. Newby

Partner, Litigation

icon partner 415.875.2495  

Tyler Newby focuses his practice on a wide range of privacy, intellectual property and complex litigation matters for high technology clients. Tyler is also a member of the firm’s White Collar & Regulatory Defense 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.

Recent Privacy and Intellectual Property Litigation Representations

  • Representation of mobile device application developers in putative consumer class action privacy and unfair competition cases;
  • Representation of major B2B Internet company in direct and secondary liability trademark infringement litigation;
  • Representation of major video game publisher in copyright and computer fraud litigation concerning theft and distribution of pre-release version of game;
  • Representation of computer device and component manufacturer in trademark infringement litigation over use of its house brand;
  • Representation of mobile game publisher in trade secret litigation over hiring of software engineers.

Recent Privacy and E-Commerce Regulatory Representations

  • Representation of mobile device application developers in California Attorney General, U.S. DOJ, and FTC privacy investigations;
  • Advise numerous consumer-facing Internet companies on development of law enforcement compliance programs and in responding to law enforcement and regulatory agency requests for consumer data;
  • Representation of companies in investigations of network security breaches;
  • Representation of online travel site in DOT investigation regarding fare listings.

Recent Securities Regulatory and White Collar Representations

  • Representation of Fortune 100 company in internal investigation and related SEC and DOJ investigations into allegations of bribery and kick-back allegations;
  • Internal investigation on behalf of audit committee into allegations of accounting and procurement improprieties;
  • Representation of former public company officer in SEC Sarbanes-Oxley investigation and related shareholder class action litigation;
  • Representation of individuals in DOJ and SEC fraud and insider trading investigations and litigation;
  • Representation of asset management firm in internal investigation and industry-wide SEC investigation into mutual fund market-timing.

Tyler's representative publications and speaking engagements include:

  • "Parallel Proceedings in Trade Secret and Economic Espionage Cases," USA Bulletin (Nov. 2009).
  • "Criminal Enforcement of Federal Intellectual Property Laws – an Overview," The Advocate, Vol. 50, No. 8/9 (2007).
  • "Rethinking the Storage of Computer Evidence," USA Bulletin (Oct. 2007).
  • "Using an Employer’s E-Mail: Attorney-Client Privilege Issues," ABTL Report, Northern California, Vol. 15, No. 3 (Summer 2006).
  • "Section 2019(d)'s 'Reasonable Particularity' Requirement Can Leave Litigants Guessing," San Francisco Daily Journal (May 21, 2001).
  • What's Fair Here Is Not Fair Everywhere: Does the American Fair Use Doctrine Violate International Copyright Law?, 51 Stan. L. Rev. 1663 (1999).
 

About Tyler