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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

Technology Transactions

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About Our Technology Transactions Practice

We have over 25 licensing/transaction attorneys devoted full-time to counseling, drafting, and negotiating technology transactions and often acting as "outsourced general counsel" for technology companies.

We have deep knowledge in analyzing the transactions that are critical to any technology company, including:

  • Customer, reseller, VAR and OEM agreements
  • In-bound software and technology licenses and acquisitions
  • Outsourcing and manufacturing agreements
  • Patent licensing
  • University licensing
  • Strategic alliances and joint ventures
  • Standards bodies

We conduct detailed due diligence investigations regarding IP ownership and related issues in connection with internal IP audits, offerings, mergers and acquisitions and strategic transactions.

We also have extensive experience with university and research institute licensing, representing numerous top-tier research organizations across the globe on patent and other IP licensing issues, as well as regular negotiation with OTTs on behalf of private company clients.

With extensive knowledge and deal experience, our licensing team is able to quickly identify and assess issues that are critical to the value of the businesses of technology companies.

Our Approach to Transactions

Tailored to meet each client's unique transaction needs, our approach includes:

  • Applying the right Fenwick & West experts to transactions—Corporate, Securities, Tax, Antitrust, IP, Benefits, Licensing and Litigation personnel will be consulted to optimally structure, diligence and negotiate the transaction
  • Integrated IP due diligence that facilitates integration of acquired technologies, in-bound licenses and channel/customer contracts
  • Experts remaining involved as needed throughout the transaction and after closing to ensure efficient integration
  • Right-sized deal teams, depending on transaction type and complexity. Deal teams range from two to 20+ members.
  • Crisp, coordinated communication with in-house Business Development and Legal teams on evolving transaction issues and diligence findings

Due Diligence

Our due diligence analysis is performed with a clear understanding of the business drivers in a deal—what target assets are most valuable; what synergies the acquirer expects to achieve.

Our firm's depth of experience in IP portfolio analysis and litigation—for a broad range of clients and technologies—gives us immediate familiarity with many of the IP portfolios that are asserted against target companies in numerous industries. Because of our IP expertise, client base and long history of working with technology innovators, we can often provide rapid insight into risk exposure early on in diligence.

Due diligence with integration in mind

Our deal focus extends well beyond price and terms. We use the due diligence process to identify and anticipate integration issues in a way that does not add cost or delay to the transaction. We capture information to provide a smooth knowledge transfer following the closing and we provide continuing support for an efficient and successful integration effort.

How we do it

  • Due diligence action plans: Customized for each client and tailored further for each deal, covering key value and risk-drivers in each area of inquiry
  • Expert due diligence teams: We utilize experienced subject matter experts to review key issues and leverage the information sourced by junior attorneys
  • Proprietary process: Every attorney is trained on our proprietary information capture, analysis and reporting practices—developed and honed over hundreds of deals—so that we provide consistent, top quality services on every deal
  • Reporting and integration: Reports are continually provided throughout the transaction—in the format most useful to the client—from early assessment conferences and online status charts to integration-ready reports for direct input to contract management and patent portfolio databases