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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


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NBC Deal Offers Model for Comcast-TWC Antitrust Talks

February 25, 2014

Fenwick & West antitrust co-chair Mark Ostrau talked to Law360 about the competitive and regulatory prospects for Comcast’s proposed $45 billion combination with Time Warner Cable, and how the U.S. government could address concerns about market foreclosure and net neutrality.

Ostrau cited a potential model in the Department of Justice’s handling of the Comcast-NBC merger in 2011, where the department required the companies to meet the Open Internet standards and allow their competitors to license their content.

"That transaction was purely focused on the vertical aspects, but that's a significant part of this [Comcast-Time Warner] transaction," Ostrau said. "[The Comcast-NBC settlement] has most of the pieces already in place with respect to how you approach the TV part of it, and it has the genesis of ideas for addressing the Internet aspect."

But the D.C. Circuit Court of Appeals’ January 2014 decision to overturn the Federal Communications Commission's net neutrality rules provided new concerns for antitrust regulators to consider.

"Whenever you're looking at a vertical issue, you look at both the incentives of the parties to foreclose upstream or downstream competition and their ability to do it," Ostrau said. "The added flavor here is that while most of the focus [in Comcast-NBC] was on TV, even though there was some lip service paid to the net neutrality concept ... now that [the FCC rules] are in some disarray, there's a lot more focus on that side of the content distribution question than there was at the time of NBC."

Comcast's announcement that it had signed an agreement giving Netflix direct access to its servers is another indicator that the issue of net neutrality should be explored in the merger review. "It's too coincidental and juicy to ignore," Ostrau said. "It's important for the Justice Department to understand what drove that decision and what kind of implications it has for the competitive effects of the transaction both in the near term and in the longer term."

The government might specifically look for any connection between Comcast’s merger announcement and its access agreement with Netflix, Ostrau told Law360. “If this is a predictor of future behavior, that would give them some window into the potential effects of the transaction," he added.

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