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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
36/F, Room 3690, Tower 2
Shanghai IFC
8 Century Avenue, Pudong
Shanghai 200120, China
+86 21 6062 6104

Copyright

About Our Copyright Practice

Now-standard tools of technology practice, such as the intellectual property audit and the software clean room – designed to reduce the risk of infringement in new product development – were pioneered at Fenwick & West. We regularly provide advice on the reach of copyright law into such uncharted areas as the Internet and the ever-expanding realm of digital devices. Services include:

  • Innovative solutions to emerging copyright issues
    • Internet and digital distribution copyright issues
    • Fair use issues in a digital environment
    • Digital Millennium Copyright Act (DMCA) safe harbors
    • DMCA, European and other foreign anti-circumvention law
    • Post-Grokster inducement liability issues
    • Secondary liability for infringing uses of technology products and services
    • Interoperability and compatibility issues
    • Open Source compliance and audit issues
    • Copyright management information (CMI) issues
    • Emerging legislative issues (broadcast flag, audio flag, analog hole, consumer digital rights, broadband services, net neutrality)
  • Cutting edge advice at the intersection of technology and copyright
    • Clean room development
    • Command set and protocol emulation
    • Architecture of software to incorporate technological measures for legal control of access and copying
    • Reverse engineering
  • Performing IP audits of copyright issues
    • Mergers and acquisitions
    • Asset valuations for investors
  • Practical copyright counseling
    • Managing infringement risk and strategic planning for copyright protection
    • Copyright registrations, assignments and security interests

Fenwick & West publishes a yearly update on international copyright and patent protection for software, available at www.softwareprotection.com.

David Hayes, chair of the firm's Intellectual Property Group, is also the author of the comprehensive treatise Advanced Copyright Issues on the Internet, which is updated quarterly and provides detailed analysis of the latest developments in a wide range of Internet-related copyright issues.

Because we understand our clients' technologies and business environment as well as the law, and because our judgment has been honed in novel litigation at the limits of copyright law, Fenwick & West is uniquely situated to advise on managing risks in an uncertain legal environment and on safeguarding intellectual property assets.