close

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

MORE >

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 >

Mountain View Office
Silicon Valley Center
801 California Street
Mountain View, CA 94041
650.988.8500

San Francisco Office
555 California Street
13th Floor
San Francisco, CA 94104
415.875.2300

Seattle Office
1191 Second Avenue
10th Floor
Seattle, WA 98101
206.389.4510

New York Office
1211 Avenue of the Americas
32nd Floor
New York, NY 10036
212.921.2001

Shanghai Office
Unit 908, 9/F, Kerry Parkside Office
No. 1155 Fang Dian Road
Pudong New Area, Shanghai 201204
P.R. China
+86 21 8017 1200


Lawyers React to Supreme Court’s Cell Phone Search Ruling

June 25, 2014

​Fenwick & West privacy co-chair Tyler Newby was quoted in two Law360 articles regarding the Supreme Court’s decision in several high-profile cell phone privacy cases.

On June 25, the Supreme Court released their long-awaited decision in several cases involving cell phone privacy and warrantless searches by police, ruling that law enforcement must obtain a warrant before searching the digital information on a cell phone.

 “The Supreme Court’s unanimous decision today reached the expected outcome of deciding that law enforcement must obtain a warrant before searching the contents of cell phones incident to an arrest,” Newby told Law360.

“The Court’s opinion contained sweeping statements on the privacy interests of individuals in the content stored on their phones that provide clues on how the Court will address privacy issues on a wide range of electronic privacy issues, including Internet search history, geo-location information, mobile app purchases and cloud storage.”

Newby said that the ruling could lead to class action suits that make invasion of privacy claims against companies collecting data without appropriate consent from consumers.

“The high court’s ruling, for example, flags Internet search history and historical location information as [elements] that individuals do have a privacy interest in,” he said. “Therefore, analytics companies and app developers would want to be aware of this opinion because it reinforces what a lot of privacy advocates have been saying in recent years, that consumers should at least have the opportunity to be aware of this kind of data collection.”

Newby told Law360 that the ruling also leaves open whether individuals have privacy rights with regard to digital data held elsewhere by their cell phone service providers.

“The court’s opinion doesn’t answer the question that is currently being debated about whether individuals have a reasonable expectation of privacy in location data that is not stored on phones but is in the possession of service providers, but it does give some strength to the argument that there is a reasonable expectation of privacy in this information and that access should require a warrant,” he said.

“The dicta in this opinion is another arrow in the quiver for arguing that they need a warrant and that a subpoena or search warrant is not sufficient,” Newby commented.

The full articles are available through the Law360 website: “High Court Ruling Bolsters Privacy Push by Consumers, ISPs" and “Lawyers React to Supreme Court's Cellphone Search Ruling" (subscription required).