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About Our Commercial Litigation Practice

Our commercial litigators have a long and successful record of winning for our clients in disputes with competitors, former business partners, former employees, and other entities. While these cases may include IP claims, they regularly involve other claims based on:

  • Class action
  • Breach of contract
  • Fraud
  • Unfair competitive practices
  • False competitive advertising
  • Computer fraud and abuse statutes

Fenwick attorneys have substantial expertise in obtaining or resisting accelerated, preliminary relief in these sorts of cases, where an early victory can be essentially dispositive. We regularly work on high-profile cases, coordinating with our clients’ press and public relations personnel to develop concurrent media strategies, which can be especially critical in suits with competitors.

Fenwick’s industry focus also means that our litigators are extremely adept at defending consumer class actions and other forms of consumer or customer litigation that are particular to technology companies, especially class actions based on:

  • Technology performance
  • Breach of warranties
  • False advertising
  • Invasion of privacy

Our long track record of handling such claims—as well as our deep understanding of the technology involved—means we can quickly formulate case strategies and facilitate efficient, targeted discovery. In addition, because we have worked for more than two decades with technology companies to shape the warranties, end-user licenses and other agreements on which such disputes are regularly based, we are well-positioned to develop strong defenses and obtain early dismissal of claims or denial of class certifications, leading to cost-effective resolutions.