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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 >

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 >

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 >

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

San Francisco Office
555 California Street
12th 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


Susan S. Muck

Co-Chair, Securities Enforcement

Partner, Securities Litigation  

San Francisco 415.875.2325

Overview

Susan Muck handles enforcement proceedings and class actions and regularly advises boards and management on disclosure and accounting issues, the Foreign Corrupt Practices Act, and other high-profile governance matters. She has conducted internal investigations into alleged bribery and accounting fraud for multinational corporations and represented companies and individuals in SEC investigations and at trial. Her extensive experience defending shareholder class actions includes winning the dismissal of General Electric-InVision in securities litigation arising out of the settlement of FCPA investigations by the DOJ and SEC, a result that was affirmed by the Ninth Circuit in Glazer Capital Management, LP v. Magistri, 549 F.3d 736 (2008). She also won the dismissal of a shareholder class action against biotech firm Immersion Corporation arising out of an internal investigation and multi-year restatement, a result that was also affirmed by the Ninth Circuit in Loos v. Immersion Corp., 762 F.3d 880 (2014).

Recent accolades:


  • Best Lawyers 2017, The Best Lawyers in America: recognized for excellence in commercial litigation 
  • Chambers USA 2016 Securities Litigation-California: Susan was lauded by clients for her “gravitas and influence with regulators and plaintiffs,” her “diplomatic touch,” and her “fierce advocacy” 
  • The Legal 500 2016: named to list of top securities litigation lawyers in the U.S.

Susan has been repeatedly recognized as one of the top litigators in California by The Best Lawyers in America, and Northern California Super Lawyers and as one of the “Top 100 Lawyers” and “Top Women Lawyers” by the Daily Journal. She was named a Best Lawyers “Lawyer of the Year”, which honors a single lawyer in a practice area in each community. She is also a Law360 Securities MVP for her work on behalf of Immersion and in connection with the defense and settlement of the Diamond Foods governmental investigations and the innovative settlement she reached in Diamond’s shareholder litigation. The Diamond Foods’ resolution was cited as a key factor in Fenwick’s Securities Litigation team being named “Securities Litigation Department of the Year” by The Recorder over 20 other California firms in 2013.

A dedicated member of the legal community, Susan is a founding member of Women in Securities (WISe), a network for women securities litigators.

Regulatory and Internal Investigations and Enforcement Proceedings


  • Defense of publicly disclosed accounting, FCPA or insider trading investigations for LendingClub, General Electric-InVision (non-prosecution agreement), RAE Systems (no enforcement action), Connetics (no enforcement action), Sunrise Telecom (no enforcement action), Immersion (no enforcement action) and Diamond Foods (settlement) 
  • Investigated publicly disclosed compensation-based allegations against Equinix, Extreme Networks, MIPS, Sunrise Telecom, Zoran, and many other public companies, concluding all regulatory inquiries with no enforcement action 
  • Represented RS Investments in connection with SEC and Attorney General investigations involving alleged mutual fund market timing 
  • Successfully defended Morgan Stanley Dean Witter in trial against the SEC challenging the scope of supervisory requirements and procedures

Shareholder Litigation


  • ​Defending GoPro, Imperva, Nimble Storage and other technology companies in federal and state securities and derivative suits 
  • Defended InVision-General Electric in securities class actions arising from FCPA investigations by the DOJ and SEC; dismissal affirmed by the Ninth Circuit 
  • Defended Barclays, Diamond Foods, Electronic Arts, Equinix, Intuit, LendingClub, ShoreTel and Vocera in shareholder class or derivative litigation alleging accounting or disclosure violations 
  • Defended life sciences companies Connetics, Immersion, and Sunrise Medical in securities litigation arising out of multi-year restatements and alleged improper revenue recognition 
  • Defended Affymetrix, Equinix, Extreme Networks, F5, MIPS, and Zoran in shareholder litigation arising out of alleged stock option backdating 
  • Represented multiple special committees investigating or defending shareholder derivative demands, including representation of the Special Litigation Committee of California Micro Devices’ Board of Directors, resulting in the leading California opinion on the conduct of special litigation committees, Desaigoudar v. Meyercord, 108 Cal. App. 4th 173 (2003)

Compliance


  • ​Susan has developed FCPA, UK Bribery Act and general ethics and compliance programs for dozens of public and private companies. 
  • She has lectured and written extensively on compliance issues, most recently for the Association of Corporate Counsel, Compliance Week, Law360, Northwestern University, and Stanford University.
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