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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Microsoft Warrant Ruling Puts Service Providers in Bind

August 01, 2014

​Fenwick & West litigation partner and privacy co-chair Tyler Newby was quoted by Law360 regarding a district court ruling that information stored outside of the country by U.S.-based email providers is still subject to the federal Stored Communications Act (SCA).

Unless overturned, the decision means Microsoft—in this particular case—and other American companies may be required to produce customer emails and other data, in conflict with the privacy laws in countries where the information is stored.

“U.S.-based service providers with customer data located overseas, especially in Europe, are rightfully concerned about not only the sovereignty issues ... but also that this could negatively impact their business in foreign countries,” Newby told Law360. “Customers in Europe and elsewhere are already concerned about storing data with U.S.-domiciled service providers, and now all of a sudden there's this scenario where that country's data security laws are being trumped by a U.S. search warrant.”

“What the court seems to be saying is that Congress' rationale in passing the SCA is that all that matters is if the records are in the control of the provider,” Newby said. “But that discounts a number of things, including the constitutional requirements that a search warrant needs to be within the jurisdiction of the U.S. and the court issuing the warrant.”

Newby told Law360 that when he served as a prosecutor in the U.S. Department of Justice's computer crimes and intellectual property section, he worked through formal and informal law enforcement cooperation agreements, such as mutual legal assistance treaties, when pursuing data stored on an overseas server by a U.S. company.

“From my perspective, I didn't believe that the SCA had an extraterritorial reach in this way,” he said. “But the government made a different calculation here, and they won.”

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