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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 >

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  • 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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Law Student’s ADHD Illegally Revealed, 9th Circuit Hears

The oral arguments by Fenwick & West litigation attorney Ewa Davison are featured in a Law360 article titled “Law Student's ADHD Illegally Revealed, 9th Circuit Hears” on Fenwick's pro bono representation of law student Jason Tecza in his claim that the University of San Francisco violated his privacy rights by disclosing testing accommodations for his attention deficit disorder.

After Tecza’s disability was revealed, he “lost sleep and suffered from continuing anxiety and embarrassment” and gave up a $3,500 tuition grant to complete his law degree at Rutgers University “to avoid further humiliation and taunting,” according to his brief.

The Fenwick team, which also includes partner Tyler Baker and associate Enia Titova, argued that USF violated Tecza’s privacy and its student handbook by disclosing the testing accommodations and asked the Ninth Circuit to overturn a lower court’s ruling that his disability wasn’t subject to privacy laws.

When Judge Jay Bybee questioned how disclosure of testing accommodations violated Tecza’s privacy rights, Davison said, “I would argue that the accommodations pertain to the disability.”

Davison said that the accommodations were also made apparent on the study abroad program when Tecza took his exams in separate rooms from the other students. As paraphrased by Law360, Davison said that “though some disclosures might violate USF's handbook and constitute a breach of contract – as when USF professors discussed Tecza's accommodations in front of other students – other instances go further.”

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

UPDATE: On June 25, the Ninth Circuit ruled in favor of Tecza, reversing dismissal of the key claims: breach of contract and invasion of privacy.