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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 >

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

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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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Wearable Tracking Device Data May Be Used More in Civil Lawsuits

January 07, 2015

​Fenwick & West privacy and information security co-chair Tyler Newby was prominently featured in a Daily Journal article concerning the potential for wearables to be subpoenaed in court as evidence against their users.

Newby told the Daily Journal that this maneuver was already a reality in criminal cases because warrants make getting this information easier but that he expects similar cases will soon be taken up in civil cases as well.

Less vulnerable to a subpoena, Newby said, are the companies that manufacture the devices and aggregate the data, which can argue that they should be considered an electronic communication service or a remote computing service covered under the Electronics Communications Privacy Act.

“If I’m the service provider I think there’s a pretty strong argument that this type of data is the content of a communication. A litigant can’t go to Google or Microsoft or Yahoo and say ‘here’s a subpoena, turn over all the email relevant to this lawsuit,’” Newby said.

Newby elaborated that the same protections don’t extend to the device itself or to its wearer, making this a much easier path toward obtaining the data for a court case.

The flip side is that litigants can also volunteer to share their data to bolster their cases. Said Newby, “That may be the way it’s going to come out, more often than not.”

He cautioned, however, that the data itself might have limited value, or be vulnerable to distortion, either because users forget to use the device regularly or might employ an accomplice to wear the device in their place, skewing the activity data the device records.

Another limitation, Newby added, is that the data is also open to misinterpretation. “I haven’t been on my bike in the last two weeks, not because I’ve been injured, but because its been raining.”