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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 >

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

San Francisco Office
555 California Street
13th 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


Foreign Corrupt Practices Act (FCPA) Guide to Preventing Improper Practices in Foreign Sales

The past several years have seen a 400 percent increase in the number of prosecutions under the Foreign Corrupt Practices Act (FCPA), as well as a dramatic increase in the penalties that individuals and corporations must pay to resolve claims. Although the number of enforcement actions in 2011 was down from the record-setting levels of 2009 and 2010, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) continue to actively pursue FCPA enforcement. At the same time, the bar for corporate compliance programs has been raised, anticorruption efforts have become more global, and individuals are increasingly being held accountable for corporate compliance failures.

The number and nature of prosecutions in 2010 and 2011 underscore the intense focus the DOJ and SEC now place on FCPA compliance. The past two years saw:

  • Continued focus on prosecuting both individuals and corporations;
  • Large corporate penalties averaging in the $20 million to $30 million range;
  • Emphasis on and high expectations for corporate cooperation; and
  • Increased focus on enforcement in Silicon Valley and companies doing business in Asia.

In addition, whistleblower incentives passed by Congress as part of the Dodd-Frank Act are expected to lead to an uptick in FCPA-related enforcement actions. We can also expect active enforcement of the UK Bribery Act, which became effective in July 2011 and applies to any events after July 1, 2011.

Given the increased emphasis on FCPA enforcement, any U.S. company (regardless of its size or whether it is publicly traded) that conducts business overseas, and any foreign company that trades on a U.S. exchange or is operated by U.S. officers or directors, should implement a comprehensive compliance program to help prevent bribery and avoid exposure under the FCPA, the UK Bribery Act and other applicable anticorruption laws.

This 50 page guide is intended to serve as a general primer for executives, general counsel, compliance officers and sales personnel of companies that conduct business internationally.