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Fenwick & West LLP

SILICON VALLEY CENTER, 801 CALIFORNIA STREET, MOUNTAIN VIEW, CA 94041, USA
Tel:
Work +1 650 988 8500
Web:
www.fenwick.com
Mountain View, New York, San Francisco, Seattle, Shanghai

United States: Dispute resolution

Securities litigation: defense
Securities litigation: defense - ranked: tier 4

Fenwick & West LLP

Technology-focused firm Fenwick & West LLP is ‘top notch in all areas, an outstanding firm with outstanding people’, according to one client. ‘The team is quick to respond, has great business acumen and provides sophisticated and reasonable advice’. In San Francisco, Kevin Muck is ‘an outstanding litigator who can handle any matter and is terrific in court’, and Susan Muck has ‘gravitas and experience that are practically unmatched’. Jennifer Bretan and ‘excellent strategist and communicator’ Catherine Kevane provide ‘expert and reasoned advice’. Jay Pomerantz, who splits his time between Mountain View and New York, is ‘a terrific and thorough litigator’. Muck and Kevane defended GoPro in a 1933 Act class action relating to its 2014 IPO.

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United States: Finance

Capital markets: equity offerings
Capital markets: equity offerings - advice to issuers - ranked: tier 3

Fenwick & West LLP

Practical, knowledgeable and experiencedFenwick & West LLP is ‘a leader in its niche’. The Silicon Valley-headquartered firm sets itself apart through its focus on representing issuers from the technology and life sciences sectors on equity deals, and its client roster is dominated by venture capital and private equity-backed companies. Silicon Valley-based securities co-chair Jeffrey Vetter provides ‘real-world advice’; he teamed up with Seattle-based corporate lead Alan Smith and James Evans, who operates from the Seattle, Silicon Valley and New York offices, to advise Redfin on its $159m IPO. Robert Freedman co-heads the department from San Francisco and acted with Smith and Effie Toshav, who divides her time between Seattle and San Francisco, to advise Cascadian Therapeutics on its $94m public offering. Gordon Davidson is also a key name in Silicon Valley.

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United States: Intellectual property

Copyright
Copyright - ranked: tier 2

Fenwick & West LLP

Fenwick & West LLP’s ‘top-notch’ team in San Francisco handles copyright matters for some of the major players in Silicon Valley and has particular expertise in how copyright law applies to the internet and other digital environments, giving it an edge in emerging technologies. In one highlight, the ‘responsive and knowledgeableAndrew Bridges secured a series of victories for Giganews and Livewire at the Ninth Circuit appeals court against Perfect 10, which established the non-liability of Usenet service providers with regard to infringements occurring on the platform. The group continues to represent General Motors against a lawsuit brought by the Alliance of Artists and Recording Companies, which is seeking royalties for a music storage system used in some of the manufacturer’s cars. Jennifer Stanley chairs the non-contentious copyright practice and handles portfolios for a number of the big dotcom names. Jennifer Kelly is another key litigator, and David Hayes handles transactional copyright work.

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Patent: prosecution (including reexamination and post-grant proceedings)
Patent: prosecution (including reexamination and post-grant proceedings) - ranked: tier 2

Fenwick & West LLP

Fenwick & West LLP provides ‘a deep team with strong subject-matter expertise, good industry knowledge’ and ‘high-end services’. The practice is particularly renowned for its prosecution work in open source-related mandates, but with its technology and life sciences expertise, the Silicon Valley-based team also provides multinationals and start-ups broad services across the computer science, molecular biology and chemistry sectors; electrical engineering-related work is another key strength. On the post-grant side, the practice acts for a number of household names, including Amazon and another standout feature is its work for academic and research institutes. Rajiv Patel directs the practice and regularly represents high-profile clients such as Twitter and GoPro. Robert Hulse and Antonia Sequeira are in charge of the ongoing prosecution work for Facebook that involves design patent work in addition to the more recent mandate to assist with securing virtual reality-related patents through acquisitions. Biopharmaceutical Venture GRAIL engaged the practice with the development of its patent portfolio.

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Patents: licensing
Patents: licensing - ranked: tier 2

Fenwick & West LLP

Fenwick & West LLP’s key strengths include transactional matters alongside research-oriented licensing work, with a strong focus on the biotech sector. The group’s experience spans due diligence, internal IP audits, licensing work in the context of mergers and acquisitions as well as licence agreements with universities and research institutes, including negotiations with Offices for Technology Transfer (OTT) on behalf of companies. In a recent highlight, the team assisted biotech venture GRAIL with its spin-out from Illumina and with the development of its patent portfolio, both under the lead of Jake Handy and Michael Shuster from San Francisco. Mountain View’s Daniel Becker acted for Corvidia Therapeutics and Vtesse in the development of their respective patent portfolios, partly through patent acquisition. David Hayes, also from San Francisco, has extensive experience in patent, copyright and trade mark matters and Michael Farn in Mountain View chairs the patent group as part of Rajiv Patel’s IP department. Denali Therapeutics, Halozyme and LG Display are also clients.

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Trademarks: litigation
Trademarks: litigation - ranked: tier 4

Fenwick & West LLP

Fenwick & West LLP’s ‘absolutely wonderful’ team has experience acting for major domestic and international clients, particular within the technology sector. Litigation head Jedediah Wakefield, Eric Ball and Shannon Turner represented video chat app developer Life On Air in an infringement suit brought against Chathouse regarding Life On Air’s ‘Houseparty’ mark. Ball, Patrick Premo and associate William Pierog were engaged by bluetooth tracking devices maker Tile on infringement and unfair competition litigation brought against competitor TrackR. Sally Abel heads the trademark practice in Mountain View. Named lawyers are based in San Francisco unless otherwise stated.

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United States: M&A/corporate and commercial

M&A: middle-market ($500m-999m)
M&A: middle-market ($500m-999m) - ranked: tier 2

Fenwick & West LLP

Fenwick & West LLP’s ‘team is incredibly expeditious and thorough, and should be recommended for any client looking for legal solutions during M&A deals’. The practice serves as lead corporate and M&A counsel for many of the world’s top technology companies. The M&A co-chairs are San Francisco-based Douglas Cogen, whose transactional experience includes over $100bn of completed domestic and cross-border mergers, acquisitions and divestitures, and David Healy in Mountain View, who represents a wide range of high-tech companies in M&A, joint ventures, strategic partnerships and spin-offs. Cogen acted for Cisco in one of the largest technology deals in 2017, the $3.7bn acquisition of AppDynamics; and Healy advised Hewlett Packard Enterprise on its acquisition of SimpliVity. Additional matters included Kris Withrow advising Intacct Corporation, a provider of cloud financial management solutions, on its $850m sale to The Sage Group. Other notable Mountain View advisers include Scott Joachim, who advises private equity, growth capital and venture capital investors, public and emerging companies, and entrepreneurs on technology sector deals; Gregory Roussel, who has extensive experience with clients in the social networking, software, electronic gaming, and mobile application sectors, and ‘has deep knowledge and deal-making expertise’; and David Michaels. Elsewhere, the ‘extremely knowledgeable’ Mark Stevens, who ‘drives M&A deals forward’, divides his time between Mountain View and New York, while in San Francisco, Ralph Pais has worked on numerous Dropbox acquisitions and over 50 Facebook acquisitions; Stephen Gillespie and Lynda Twomey are also highly rated. Stephen Graham and Alan Smith in Seattle and New York-based Ethan Skerry are additional key contacts.

Leading lawyers

Douglas Cogen - Fenwick & West LLP

Next generation lawyers

Ken Myers - Fenwick & West LLP

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Venture capital and emerging companies
Venture capital and emerging companies - ranked: tier 1

Fenwick & West LLP

Fenwick & West LLP is a dominant force in growth company work and is highly active in early-stage financings right through to large-cap M&A and IPOs. It is ‘exceptional’, ‘the go-to firm for tech-related M&A’, ‘top of the class in venture capital and emerging companies’ and has ‘excellent business acumen and industry knowledge’. It has a mighty Silicon Valley presence, strong teams in Seattle and San Francisco, and is a growing force in New York. The firm’s clients primarily operate in the technology and life sciences sectors and it offers substantial corporate, IP, litigation and tax groups to support these clients. The firm has also impressed in a number of niche areas such as digital health, gaming and cryptocurrency. It advised life sciences company GRAIL on its $900m Series B financing, which was the largest venture capital-led life sciences financing in history according to the Wall Street Journal. It also represented Unity Technologies in its $400m financing from Silver Lake. Gordon Davidson and Ted Wang are giants of Silicon Valley, having advised some of the biggest names to have emerged from there. Cynthia Hess is another formidable practitioner, as are Mark Leahy and ‘world classMichael Esquivel, who is a leader in digital health and is regarded as ‘ten out of ten’ and ‘a great partner and strategist’ and who is commended for his ‘ability to network with entrepreneurs and VCs’. Mark Stevens has dominated the gaming sector for years and San Francisco partner Samuel Angus has worked with a range of prominent start-ups such as Airbnb. New York partner Kristine di Bacco has ‘put the firm on the East Coast map’. Attorneys are based in Silicon Valley unless stated otherwise.

Leading lawyers

Cynthia Hess - Fenwick & West LLP

Gordon Davidson - Fenwick & West LLP

Ted Wang - Fenwick & West LLP

Next generation lawyers

Kristine di Bacco - Fenwick & West LLP

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United States: Media, technology and telecoms

Cyber law (including data privacy and data protection)
Cyber law (including data privacy and data protection) - ranked: tier 4

Fenwick & West LLP

Technology boutique Fenwick & West LLP expanded its privacy and cybersecurity practice in 2017 with the recruitment of James Koenig into the New York office from Paul Hastings LLP. Koenig is co-chair of the team and handles global privacy compliance, cybersecurity issues, data use policies and regulatory investigations; he recently represented Memorial Health System in a corrective action plan relating to HIPAA violations and advised Facebook on its compliance with its Privacy Shield self-certification. The department also includes co-head and litigator Tyler Newby in San Francisco and Mountain View-based of counsel Hanley Chew, who focuses on cybersecurity preparation and data breach response. Vizio, Credit Karma and Quintiles are also clients.

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Technology: transactions
Technology: transactions - ranked: tier 1

Fenwick & West LLP

Fenwick & West LLP focuses on advising technology and life sciences companies. The firm is highly rated for its work with start-ups in emerging technologies, such as the sharing economy, fintech, augmented and virtual reality, social networks, and gaming - and has a leading M&A practice in advising technology serial acquirers. It also has a robust venture capital practice. It acted for Facebook in its serial acquisition program, including the acquisitions of Ozlo, Source3, FacioMetric and CrowdTangle; and advised Cisco Systems on the $3.7bn acquisition of AppDynamics and its $1.9bn acquisition of BroadSoft. Other key deals included the team assisting American software company Symantec Corporation with its acquisition of LifeLock, advising Nimble Storage on its sale to Hewlett Packard Enterprise, and serving as primary corporate counsel to Unity, a cross-platform game engine, in its $400m financing from American private equity firm Silver Lake. San Francisco-based Jake Handy is technology transactions chair; Douglas Cogen is co-M&A chair; Stephen Gillespie manages the IP aspects of M&A deals; and Ralph Pais and Seattle-based corporate group chair Alan Smith are also highly rated. Mountain View’s Gregory Roussel is ‘extremely good at driving M&A transactions’; and technology and life sciences deal lawyer Ethan Skerry was hired in New York from Lowenstein Sandler LLP.

Leading lawyers

Jake Handy - Fenwick & West LLP

Ralph Pais - Fenwick & West LLP

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United States: Tax

International tax
International tax - ranked: tier 2

Fenwick & West LLP

The ‘terrificFenwick & West LLP handles transfer pricing, cross-border M&A and joint ventures, international inversion transactions and international tax controversies. Recent highlights include acting for a consortium of more than 40 leading financial institutions from over 15 countries that made a $107m capital investment in R3, the largest consortium of global financial institutions collaborating to develop a platform and commercial applications for distributed ledger technology; and assisting US-based life sciences company Grail with the acquisition of Hong Kong-based Cirina. ‘US tax starJames Fuller and the ‘extremely intelligent and responsiveDavid Forst are strongly recommended, as are Larissa Neumann and Andrew Kim. All attorneys mentioned are based in Mountain View, California.

Leading lawyers

James Fuller - Fenwick & West LLP

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US taxes: contentious
US taxes: contentious - ranked: tier 3

Fenwick & West LLP

The ‘very bright’ tax controversy team at Fenwick & West LLP successfully represented French pharmaceutical company Sanofi, which also has headquarters in the US, in a court case focusing on the client’s UK-based worldwide joint venture with Merck and the applicability of UK and French treaties within the US in the context of such a joint venture. Analog Device and VF Corporation are other key clients. The ‘extremely intelligent and responsiveDavid Forst is highly recommended. Jim Fuller and Larissa Neumann are other names to note. All attorneys mentioned are based in Mountain View.

Next generation lawyers

Larissa Neumann - Fenwick & West LLP

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US taxes: non-contentious
US taxes: non-contentious - ranked: tier 2

Fenwick & West LLP

The ‘terrific’ tax team stationed in Fenwick & West LLP’s Mountain View office comprises ‘good listeners and client-collaborators’ who focus on public company M&A transactions in the technology, retail and pharmaceutical sectors. Other areas of activity include strategic tax planning and joint venture deals. Recent highlights include assisting Cisco with its acquisition of AppDynamics for $3.7bn, and advising an international consortium of more than 40 financial institutions on its $107m capital investment into R3. The client base also features Symantec and Grail. ‘Solid and dependable US tax starJames Fuller, David Forst, Larissa Neumann and Andrew Kim are the names to note.

Leading lawyers

David Forst - Fenwick & West LLP

James Fuller - Fenwick & West LLP

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