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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

Privacy and Information Security

About Our Privacy and Information Security Group

Fenwick & West helps companies of all sizes manage the risks associated with the collection, use and disclosure of electronically stored information, including sales, research, consumer and employee information.

Companies rely on us to help them balance their ever growing—and increasingly challenging—needs to comply with the seemingly contradictory rules and regulations regarding privacy laws, audits, investigations and litigation while meeting their overall business objectives. Our clients span every industry sector and range from emerging innovators to market leaders, including Carrier IQ, Shutterfly, Deutche Bank, Virgin America and Shaklee Corporation.

Our collaborative approach includes attorneys from our Intellectual Property, Litigation and Electronic Information Management practices. The group’s primary services include:

Counseling and Compliance

We counsel our clients on a full range of matters to ensure compliance with privacy laws and regulations, including:

  • Develop privacy and information-security practices and policies tailored to your website, business, industry, and geographic region
  • Create legally compliant and technologically sound data security procedures
  • Provide advice and counsel to mitigate security breaches
  • Analyze required and desirable incident-response measures as to data breaches
  • Advise on information retention and destruction requirements, information sharing, and information disclosure
  • Privacy and content risk analyses and audits
  • Ensure compliance with state, federal and foreign-jurisdiction regulations, including GLBA, HIPAA, CAN-SPAM, COPPA, and the European Union Privacy Directives
  • Maintain privacy of employment and medical records
  • Provide guidance on conducting lawful employee background checks, including compliance with FCRA/FACTA, California’s ICRAA, and other states’ statutory schemes
  • Advise on permissible monitoring of, and restrictions on, employee conduct and communications, including as to social-media
  • Prepare technology-acceptable-use policies as to employees and others granted network access
  • Perform misconduct investigations

Litigation

Our privacy litigation attorneys have represented clients in a number of matters, including some of the highest profile consumer privacy litigation in the country. Experienced former federal prosecutors, including computer crime prosecutors, help clients navigate data breaches and coordinate with federal law enforcement authorities. Recent representations include:

  • Consumer class actions, including the FCRA and TCPA
  • Violations of the Computer Fraud and Abuse Act
  • Privacy rules under the Gramm Leach Bliley Act

Mergers and Acquisitions

We regularly advise our clients on employee and customer privacy issues arising in mergers and acquisitions, including:

  • Negotiate the transaction’s privacy and security terms
  • Advise on transfer of target company’s employee and customer information
  • Integrate the target’s and acquirer’s internal and public-facing privacy policies, data handling policies, and security procedures
  • Assess potential liability under state, federal, and international privacy laws