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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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P.R. China
+86 21 8017 1200


Litigation Alert: FCC Changes to the Telephone Consumer Protection Act Take Effect October 16

Effective October 16, 2013, there will be significant changes to the Federal Communications Commission’s (“FCC”) rules implementing the Telephone Consumer Protection Act of 1991 (the “TCPA”), 47 U.S.C. § 227. Of particular relevance to companies that engage in any mobile marketing, the TCPA prohibits making a call or sending a text message to a cellular telephone using any “automatic telephone dialing system or an artificial or prerecorded voice” without the “prior express consent of the called party.” A computer may meet the definition of an automatic telephone dialing system, so companies that automate any portion of the calling or texting process may run afoul of the TCPA. The TCPA provides consumers with a private right of action to recover statutory damages of $500 per call.

Under the new FCC rules that take effect October 16, the FCC has made more stringent the requirements for obtaining “prior express consent” from consumers:

  • Most significantly, the FCC will now require “prior express written consent” for auto-dialed advertising or marketing calls or texts to any mobile phone.
  • The new FCC rules will also require prior express written consent to deliver a prerecorded marketing message to a residential landline. That rule is consistent with the Federal Trade Commission’s existing rules on residential telemarketing.
  • Under the FCC’s new rules, “prior express written consent” will require (1) a clear and conspicuous disclosure that by providing consent the consumer will receive auto-dialed or prerecorded calls or texts on behalf of a specific seller; and (2) a clear and unambiguous acknowledgment that, having been informed about the consequences of consent, the consumer agrees to receive such calls at the mobile number provided.
  • The consumer’s consent to receive calls cannot be required as a condition of allowing the consumer to make a purchase of any good or service.
  • The caller will bear the burden of establishing, by clear and convincing evidence, that prior express written consent was obtained.
  • Because there is no “grand-fathering” provision in the new FCC rules for past practices, after October 16 companies will need prior express written consent to send texts or make prerecorded calls even to existing users or subscribers. That may require companies to “refresh” consent from their existing users.

Many companies that engage in telemarketing to mobile phones may not currently be in compliance with the new FCC rules. Those rules may require changes to the manner in which companies both request and obtain consent from consumers. Those rules may also require more rigorous record-keeping in order to document consumer consent.