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 >

FLEX by Fenwick is the only service created by an AmLaw 100 firm that provides flexible and cost-effective solutions for interim in-house legal needs to high-growth companies.  MORE >

Fenwick & West handles significant cross-border legal and business issues for a wide range of technology and life sciences who operate internationally..  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:

  • Named Technology Group of the Year by Law360
  • Ranked #1 in the Americas for number of technology deals in 2015 by Mergermarket
  • Nearly 20 percent of Fenwick partners are ranked by Chambers
  • Consistently ranked among the top 10 law firms in the U.S. for diversity
  • Recognized as having top mentoring and pro bono programs by Euromoney


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 >

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+86 21 8017 1200

Tax Victory: Fenwick & West Secures Major Tax Court Cost Sharing Decision in Favor of Xilinx

August 31, 2005

In perhaps the most widely-watched tax case by corporate America in over 15 years, Fenwick & West LLP announced today that the U.S. Tax Court issued a fully favorable opinion yesterday in Xilinx v. Commissioner of Internal Revenue, finding that Xilinx's allocations met the arm's length standard. The Xilinx case dealt with cost sharing, a common practice for developing new intangibles and products for multinational companies. The Court extensively discussed the law and the evidence to support its conclusion.

"Many clients deal with significant tax issues arising from the use of intangibles in their businesses," said Ron Schrotenboer, Partner in the Fenwick & West Tax Practice. "This confirms the views of taxpayers with respect to stock options and cost sharing transactions."

The decision resolved the last issue in the case where the IRS had originally asserted over $120 million in additional taxes and penalties. The resolution of the case will result in Xilinx owing less than 5% of the amount originally asserted. "We are pleased with the decision in our case," said Joe Forgy, Vice President of Taxes at Xilinx "It confirms the importance of the arm's length standard and evidence to support that standard. This case will likely have significance for the revisions made to the cost sharing regulations issued in 2003. We thank all those in the high tech industry that supported our position in this case."

Fenwick & West Tax Practice partners Kenneth Clark and Ron Schrotenboer and former partner Bill Colgin spent over three years working on the case, which was tried in July 2004. Fuller said, "As the trial approached, our litigation partner Tyler Baker was added to the team and quickly became invaluable."

About Fenwick & West

Established in 1972, Fenwick & West LLP provides comprehensive legal services to high technology and life sciences clients of national and international prominence. The Fenwick & West Tax Group is continually recognized as one of the top tax practices in the United States, particularly in the areas of tax planning, transfer pricing and cross-border transactions. International Tax Review recently ranked Fenwick & West as one of only 4 "first-tier" U.S. law firms in tax. For more information: James J. Stapleton Chief Marketing Officer Phone: 650.335.7641