(L to R) Jedediah Wakefield, chair of Fenwick's litigation group; Saina Shamilov, partner; Jennifer Bretan, partner; and Susan Muck, co-chair of Fenwick's securities enforcement and corporate governance groups. Courtesy photo

Fenwick & West's J. David Hadden and Saina Shamilov in Silicon Valley represented more than 60 customers of Amazon Web Services in an effort to shut down a patent enforcement campaign by nonpracticing entity PersonalWeb Technologies. Susan Muck, the firm's securities enforcement practice co-chair, and Kevin Muck, the securities litigation practice chair, defended Uber's board in shareholder derivative litigation stemming from the company's acquisition of autonomous vehicle startup Ottomotto. Partners Dean Kristy and Jennifer Bretan in San Francisco beat back a securities fraud suit targeting Tesla with claims the company misled investors about the production of its new Model 3. San Francisco partner Bryan Kohm teamed with partners in Seattle and New York to win summary judgment for supercomputer maker Cray on two patents asserted by Raytheon Co.

That resume landed Fenwick as one of six finalists for the Tech Litigation Department of the Year as part of The Recorder's California Leaders in Tech Law and Innovation Awards. The winner will be announced at a ceremony celebrating all winners and finalists Nov. 6. The Recorder recently caught up with Jedediah Wakefield, chair of Fenwick's litigation group, about the firm's focus on litigating for technology companies.

What are the distinguishing characteristics of litigators that practice at Fenwick?

Jedediah Wakefield: Our litigators stand out in at least three key areas:

First, we are uniquely focused on the needs of technology and life sciences companies, and that focus shapes our approach to litigating and winning cases. Many of our trial lawyers have backgrounds in computer science, electrical engineering, biology and chemistry. But our case-winning strategies reflect not only our deep background in our clients' technologies, but also our understanding of what really matters for their businesses. These insights enable us to develop strategies to position our clients to win not only in the courtroom but also in the marketplace.

Second, our approach is scalable. We handle cases for companies ranging from early-stage startups to Fortune 50 companies. As a result, we have no standard playbook or one-size-fits-all approach. Instead, our approach is nimble, and we can adapt as quickly as the fast-moving clients we represent.

Third, we're trial lawyers first and foremost. Most cases settle, but we approach each case as if it will go to trial. This focus on the end-game helps us limit discovery and motions to get what we need to win. And our successful track record of not just litigating, but winning, high-stakes cases gives us credibility in negotiating successful settlements.

When a client comes to your firm for representation on a piece of litigation, what can they expect?

Clients who come to Fenwick for litigation can expect a dedicated, responsive and collegial team that is passionate about achieving our clients' business objectives. Our collaborative culture not only helps us attract and retain top talent, but also gives our litigation clients the benefit of insights and expertise from attorneys across the firm in diverse legal and industry practice areas. Fenwick litigation clients benefit from thought leaders in practice groups including patent, copyright, trademark, privacy, securities, corporate governance, and tax, and industry-specific experience in areas such as AI, gaming, digital health and fintech.

How does your firm gauge success on any particular litigation matter?

Although we take pride in our courtroom successes—and we've had an outstanding string of hard-fought victories this year—our overarching goal is to help our clients win in the marketplace. This means that, instead of focusing on any one dispute in isolation, we partner with our clients to develop a strategic approach to best position them for business success.

What ways is the business of litigation changing, and how are you adapting to those changes?

Fenwick's technology and life-sciences clients increasingly face high-stakes litigation where winning is critical. Our clients reshape industries and introduce new business models, and a litigation challenge that threatens to halt that progress can be existential. As a result, we've made investments to increase our bench strength in key strategic areas. At the same time, we've developed a dedicated pricing and product development team to help provide our clients with transparent and predictable budgets.