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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:

  • 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

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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 >

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How to Avoid Being a Discovery Pushover

November 24, 2014

Fenwick & West electronic information management chair Robert Brownstone was quoted in a Law360 article discussing strategies attorneys can employ to offset a bullying opposing counsel who makes burdensome and excessive discovery demands.

Brownstone championed the importance of seeking compromise. He cited a couple of court decisions issued a decade apart that support this approach.

In 2002, Dell Inc. was ordered by the U.S. District Court for the District of Delaware to turn over its senior executives’ records in a patent infringement case. In a later case, the U.S. District Court for the Southern District of New York refused KPMG Inc.’s bid to limit the scope of its preservation obligations in a Fair Labor Standards Act case. In both instances, the judges cited the defendant’s refusal to compromise as a factor in ordering the contested obligation.

“Judges over time have come to expect more cooperation in discovery,” Brownstone noted.

Other strategies recommended in the Law360 article include anticipating what documents might be asked for and knowing what information is available; using discovery rules and sanctions to pressure a pushy adversary; crafting thoughtful replies when baited through written communications; and picking which battles to bring to the judge.

The full article is available through the Law360 website (subscription required).