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


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SEC Seeks to Dismiss Herbalife Insider Trading Lawsuit

December 16, 2014

​Fenwick & West securities enforcement co-chair Mike Dicke was quoted in a Law360 article regarding the U.S. Securities and Exchange Commission’s recent decision not to prosecute an insider trading case in its in-house court following a landmark Second Circuit decision.

The SEC case targeted Jordan Peixoto, a former Deloitte LLP analyst, claiming he illegally received inside information regarding a $1 billion short-selling campaign against Herbalife.

The SEC decided to drop its case days after the Second Circuit, in overturning convictions in another celebrated insider trading case, significantly narrowed the definition of what constitutes criminal insider trading. Specifically, the court narrowed what constitutes a personal benefit.

In the wake of that decision, attorneys speculated that the SEC felt its chances of prevailing were greatly diminished, and dropped the case.

Observers noted that what was deemed a benefit of the SEC trying the case in its in-house court – namely, its efficiency – may have actually dealt the case a fatal blow by not allowing the commission sufficient time to amend its complaint.

Dicke said, “That’s one problem with administrative proceedings: Once you’ve filed, you’re pretty much locked in.”

On the other hand, Dicke elaborated, in federal court, the case might not head to trial for two to three years, giving the SEC more leeway to adjust its complaint when either facts, or the law, changes.

“It doesn’t mean the SEC made any mistakes in their choice of forum,” Dicke said. “They pled what they thought was the standard.”

More information about the decision in Newman that sharply narrowed the reach of insider trading law is available through Dicke's article on the subject.