January 5, 2011 (Mountain View, CA) – Fenwick & West LLP, a leading technology and life sciences law firm, is pleased to announce that trial attorney Tyler G. Newby is joining the firm as Of Counsel in the Litigation Group and will be resident in the San Francisco office. Mr. Newby is a highly respected and experienced trial attorney who re-joins Fenwick from the Computer Crime and Intellectual Property Section of the United States Department of Justice’s Criminal Division.
Mr. Newby brings exceptional government enforcement experience to Fenwick’s leading IP litigation practice and White Collar / Regulatory Group. He is an experienced trial attorney, acting as lead prosecutor in several groundbreaking IP prosecutions, including the first criminal jury trial concerning the use of peer-to-peer protocols to facilitate criminal copyright infringement and the United States' seizure of domain names used to facilitate crimes. As Trial Attorney, Mr. Newby’s practice focused on Internet-based crime, where he handled a wide range of matters, including prosecuting IP and computer crimes, developing and implementing policy initiatives for obtaining law enforcement assistance from China in the investigation and prosecution of cross-border IP crimes, and prosecuting fraud and identity theft. He also served as a Special Assistant United States Attorney in the Cyber Unit of the U.S. Attorney’s Office for the Eastern District of Virginia in Alexandria, where he prosecuted a variety of IP and cybercrime cases and served as trial counsel on the first criminal jury trial concerning organized Internet music piracy.
Mr. Newby's investigative and trial skills will be instrumental to the firm’s clients in a wide range of matters. His extensive experience with the DOJ will be invaluable to corporate clients in need of advice and counseling regarding IP and Internet-based privacy and compliance issues.
"Tyler's substantial federal litigation background adds great breadth as well as depth to our strong litigation practice,” said Darryl M. Woo, Chair of Fenwick's Litigation Group. "He is a distinguished prosecutor who is highly respected for his ground-breaking contributions to federal IP enforcement. His extensive practical and subject matter knowledge, particularly in the areas of Internet-based crime, identity theft and privacy issues, will provide our clients with a tremendous resource. We are delighted to welcome him back to the firm."
"Tyler's strong trial experience, leadership skills and judgment make him a great addition to the team," said Kate Fritz, Fenwick’s Managing Partner and Partner in the Litigation Group. "He is an attorney of tremendous drive and intelligence, and we are thrilled to have him back."
Mr. Newby said "The breadth of expertise in the Litigation Group and range and volume of matters currently handled by Fenwick impressed me. My experience at the DOJ has been tremendously rewarding and I am very proud of the work I have done for the past three years. The firm's reputation, platform and client base make it well positioned for my return to private practice."
Mr. Newby has spent the past three years as a Trial Attorney in the Criminal Division of the Computer Crime and Intellectual Property Section of the DOJ. He also served as Special Assistant U.S. Attorney in the Eastern District of Virginia Cyber Unit from 2007 to 2009 where he prosecuted fraud, identify theft, IP and computer crimes. From 2005 to 2007, Mr. Newby was an Attorney at Taylor & Company Law Offices, LLP in San Francisco, where his practice focused on litigating IP and fiduciary disputes for technology companies and venture capital clients. From 1999 to 2005, Mr. Newby worked as an Associate at Fenwick & West LLP in the Litigation Group. His practice concentrated on copyright, trademark, patent and trade secret cases. While at Fenwick, Mr. Newby was a member of the trial team that represented Compuware Corporation in a federal jury trial against IBM, in which Compuware alleged that IBM had engaged in copyright infringement, trade secret misappropriation and antitrust violations. The case settled five weeks into trial in a business deal valued at $400 million. Mr. Newby also represented IronPort Systems and its SpamCop subsidiary in opposing a motion for preliminary injunction brought by a bulk email sender. The district court’s opinion, reported at OptInRealBig.com, LLC v. IronPort Systems, Inc., 323 F.Supp.2d 1037 (N.D. Cal. 2004), was the first federal case to apply the Communications Decency Act’s immunity provision to email communications. Mr. Newby received his J.D. in 1999 from Stanford University, where he was a Note Editor for the Stanford Law Review. He received an A.B. in history, Phi Beta Kappa and summa cum laude, from Dartmouth College in 1996.
Fenwick & West provides comprehensive legal services to technology and life sciences clients of national and international prominence. Fenwick is committed to providing innovative, cost-effective and practical legal services that focus on global technology industries and issues. We have built internationally recognized practices in a wide spectrum of tax, litigation, corporate and IP areas. We have also received praise for our innovative use of technology, our pro bono work and diversity efforts. We differentiate ourselves by having a deep understanding of our clients' technologies, industry environments and business needs. For more information, www.fenwick.com.
Darryl M. Woo
Chair, Litigation Group