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 >

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

San Francisco Office
555 California Street
12th Floor
San Francisco, CA 94104

Seattle Office
1191 Second Avenue
10th Floor
Seattle, WA 98101

New York Office
1211 Avenue of the Americas
32nd Floor
New York, NY 10036

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

Tyler G. Newby

Co-Chair, Privacy & Cybersecurity

Partner, Litigation  

San Francisco 415.875.2495


Tyler Newby focuses his practice on privacy and data security litigation, counseling and investigations, as well as intellectual property and commercial disputes affecting high technology and consumer-facing Internet companies. Tyler has an active practice in defending companies in consumer class actions, state attorney general investigations and federal regulatory agency investigations arising out of privacy and data security incidents. In addition to his litigation practice, Tyler regularly advises consumer-facing Internet companies large and small on reducing their litigation risk on privacy, data security and secondary liability issues. Tyler frequently counsels game and social media companies on compliance with the Children’s Online Privacy Protection Act (“COPPA”).

In 2014, Tyler was named among the top privacy attorneys in the United States under the age of 40 by Law360. He currently serves as a Chair of the American Bar Association Litigation Section’s Privacy & Data Security Committee, and was recently appointed to the ABA’s Cybersecurity Legal Task Force. Tyler is a member of the International Association of Privacy Professionals, and has received the CIPP/US certification.​

Prior to rejoining Fenwick & West in 2011, Tyler was a Trial Attorney with the U.S. Department of Justice’s Computer Crime and Intellectual Property Section. As a federal prosecutor, Tyler investigated and prosecuted intellectual property and cybercrimes nationwide, and advised federal law enforcement on compliance with the Fourth Amendment, the Electronic Communications Privacy Act, and other statutes pertaining to electronic surveillance and the search and seizure of electronic information.

While at the Department of Justice, Tyler also served as a Special Assistant United States Attorney in the Cyber Unit of the United States Attorney’s Office for the Eastern District of Virginia in Alexandria, Virginia. As a Special Assistant, Tyler prosecuted fraud, intellectual property and computer intrusion offenses.

Tyler is an experienced trial lawyer. His courtroom experience has included serving as lead trial counsel on complex intellectual property and fraud matters, including the first criminal jury trial concerning the use of the BitTorrent protocol to facilitate criminal copyright infringement. Tyler also has extensive experience in handling ex parte and preliminary injunction procedures in both California and federal trade secret, copyright and trademark matters.

Recent Privacy, Data Security and e-Commerce Litigation Representations

  • Obtained dismissal of putative class action brought against Internet security software developer alleging the software had been compromised from a prior cyberattack;
  • Obtained dismissal of privacy and trespass to chattels claims against popular mobile radio streaming application.
  • Representation of mobile application developers in putative consumer class action privacy and unfair competition cases;
  • Obtained dismissal of complaint alleging business misrepresented the privacy practices of a competitor;
  • Obtained dismissal of consumer class action claim brought against business alleging violation of California’s anti-spam law;
  • Representation of consumer software company in state and federal putative consumer class actions arising out of alleged security vulnerability;​
  • Obtained rare dismissal at the pleading stage of putative class action brought against mobile application developer alleging violation of the Telephone Consumer Protection Act.

Recent Privacy and E-Commerce Regulatory Representations

  • Represented major mobile advertising network in FTC investigation and enforcement action concerning inferring location data from Wi-Fi access points and compliance with COPPA;​
  • Advise numerous consumer-facing Internet companies on development of law enforcement compliance programs and in responding to law enforcement and regulatory agency requests for consumer data;
  • Counseling to advertising networks on data collection and use practices;
  • Representation of mobile device application developers in California Attorney General, U.S. DOJ, and FTC privacy investigations;
  • Representation of companies in investigations of network security breaches;
  • Representation of online travel site in DOT investigation regarding fare listings.

Recent Intellectual Property Litigation Representations

  • Representation of major B2B Internet company in direct and secondary liability trademark infringement litigation;
  • Representation of major video game publisher in copyright and computer fraud litigation concerning theft and distribution of pre-release version of game;
  • Representation of computer device and component manufacturer in trademark infringement litigation over use of its house brand;​
  • Representation of mobile game publisher in trade secret litigation over hiring of software engineers.

Recent Securities Regulatory and White Collar Representations

  • Representation of Fortune 100 company in internal investigation and related SEC and DOJ investigations into allegations of bribery and kick-back allegations;
  • Representation of former public company officer in SEC Sarbanes-Oxley investigation and criminal prosecution;
  • Internal investigation on behalf of audit committee into allegations of accounting and procurement improprieties;​
  • Representation of individuals in DOJ and SEC fraud and insider trading investigations and litigation;