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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Companies Seek FCC Help to Block Consumer Lawsuits

November 26, 2014

Fenwick & West litigation chair Rodger Cole was featured in a Daily Journal story regarding banking, healthcare and other industries appealing to the Federal Communications Commission (FCC) for exemption from provisions of the Telephone Consumer Protection Act (TCPA), in the wake of a significant increase in the number of consumer lawsuits filed against these companies in recent years.

According to WebRecon LLC, a company that tracks consumer litigation trends, the number of TCPA lawsuits filed by consumers was up 69 percent last year and up 28 percent so far this year. Many of the suits involve calls, texts and faxes to consumers from the companies.

Lawyers for the companies argue that the TCPA was never intended to prevent companies from communicating with their customers about pertinent business matters. But thus far many courts have been unsympathetic to this argument.

"We all have financial applications on our cell phones, calendars on our cell phone. It just makes sense to communicate through text message on cell phones," Cole said, adding, “But if you do, you have a plaintiffs' class action. And you're facing catastrophic liability.”

This liability risk has led companies to seek clarification from the FCC. “Because the courts have said, ‘This is the black letter language of the statute,’ a lot of companies and groups have gone to the FCC to petition for clarification or exemption,” Cole noted.

Obtaining prior consent from consumers is one way companies may try to address the problem in future. Cole told the Daily Journal, "I think going forward, if you sign up for a new bank account, or make an order on an online commerce site, or have some other relationship with a business, businesses are likely to get consent.”

But the prior-consent approach does not help companies contend with customers already using services.  "The problem is if you signed up with a bank account 10 years ago, before this issue really exploded onto the American litigation scene. We didn't have iPhones 10 years ago; we couldn't have been asking for consent at the time. That's the problem a lot of companies are facing," Cole added.