Overview

No one area of law covers all commercial activity using information technology. For us, information technology loosely describes the various principles of law that relate to the use of technology in commerce: usually elements of contract law and regulatory provisions effecting the parties' freedom to contract as they wish. Technology law therefore is simply a term that brings together the areas of law that apply to a technology based transaction or dispute.

We have advised cutting-edge technology companies involved in ground-breaking national transactions. Our team is made up of individuals from different backgrounds, including computer science, IT consulting computer professionals in the retail, telecommunications, and insurance industries - which gives us an insight into our clients' transactions. Our legal advice is commercially focused and grounded in an understanding of the technology involved.

The Facets of Technology Law

On most occasions contract law, intellectual property and regulatory regimes cover the issues to be addressed in information technology transactions. That being said other areas should be considered to make the most out of IT in putting the deal and issues together, because there are no clear boundaries between information technology, commercial and corporate law, data protection, the digital medium e-commerce and IP. In our experience, the emphasis changes from deal to deal depending on what is to be achieved and the priorities of the parties. Our information technology practice brings together these separate areas of law to deliver well rounded, knowledgeable commercial advice.

Our People

Some of our solicitors prior to qualifying as solicitors spent significant periods of time in the IT industry. We find that their expertise, flexibility and willingness to provide the tools to our clients to assist them in obtaining high quality legal services pay dividends for clients in reduced time managing files - which is reflected in our cost estimates and fees notes. Equally use of technology is always prone to error. The difference between our technology solicitors is that they know what to do when something goes wrong with the technology - both on a technical level and when it comes to our advice, from a legal standpoint.

Our unique strength is the ability to see across different areas of law and apply them to commercial interests and objectives. With this integrated approach, making the most of the combination of legal experience and our technical expertise our IT lawyers offer an approach that it difficult to match in the technology sector.

Our Approach

We use our background to enhance our legal services, and we find saves our clients time and expense in instructing us. We represent clients whose business are involved in the online sector, including software licensees and licensors, and those wanting to protect and enforce contractual and intellectual property rights.

Our expertise takes in the management of the regulatory structure that IT companies face, seeing through the technology issues and giving clear and concise legal advice.

Intellectual Capital

We assist our clients going to the market with technologies, management of intellectual capital and resources, methods of valuing and exploiting intellectual capital, assisting in commercialisation of inventions and marketing innovations.

Innovation is the one weapon that cannot be defended against - whether the innovation focuses on unmet needs in the market or greater customer satisfaction, competitors' products and services are rendered obsolete. Protecting innovation is crucial. These areas of law allow protection of critical strategic advantage, be it in the form of new channels to move information in new and different ways; providing more information and more high quality information; faster access to better quality data and allowing informed decision-making based on quality information.

We have advised on a diversity of legal issues that range from terms of trade for business through to multi-million pound transactions and disputes. We have provided legal advice in relation to:

• business process outsourcing contracts;
• contractual performance of developers;
• software piracy and avenues for recovery;
• management of liability under the Data Protection Act and consumer complaint management;
• regulatory compliance for business involved information society e-commerce
• options for recourse in failures to perform and deliver on contractual claims
• information systems, including batch system, interactive systems, office automation, client/server systems and network computing.
• recovery of compensation and damages
• guidance on auditing contractual performance of contractors and developers against specifications and performance compliance to contractual obligations;

Licensing

Drafting and advising on:

• distribution agreements
• software licensing and exploitation agreements
• managing the protection of know-how
• patent rights, and whether new unpatented products would infringe an existing patented invention.

 

Technology Procurement and Outsourcing

• business process outsourcing
• infrastructure outsourcing
• drafting and advising upon contractual obligations including:
  • licensing requirements
  • proposed contractual obligations including limitations and exclusions of liability, indemnities
  • service levels
  • service levels compensation
• drafting and amending schedules
• negotiating
• advice on legal risk

Regulatory Compliance

In recent years regulatory reform has taken place to assimilate online and e-business to traditional business that creates a framework for business to operate. The application of previously existing law such as the Sales of Goods Act and Supply and Sale of Goods and Services Act dictate minimum levels of service and quality to the products and services by businesses. The law remains in a state of development to meet new methods of doing business in a constantly evolving commercial landscape.

For these reasons understanding the technology at hand and the subtleties of the law in its application to the technology is key to providing prompt, cost effective and knowledgeable legal advice. In this regard we advise on:

Technology contracts:

• drafting licences to meet specific needs and requirements
• delineating IP rights, drafting performance obligations
• providing legal advice on outsourcing obligations
• advising on contractual risk
• ensuring design matches implementation

Copyright Infringement and Piracy

• commencing court proceedings for urgent relief; search orders to preserve evidence; and orders to freeze assets
• quantifying compensation likely to be awarded and availability of injunctive relief
• legal courses of action to remedy piracy of software, publications and music
• Advising on options for remedies for P2P file sharing

We have also advised on:

• assisting in the valuation of intellectual property
• suitability of contractual terms in international software licences
• strategy in negotiations and mediation; managing and settling disputes

A feature of our litigation is the ability to identify transparent defences and get to the issues that matter, dramatically reducing the time required to get up to speed with the technology involved in the dispute.

Our technology expertise means that we are in an excellent position to avoid poorly structured and poorly worded contracts: an underrated factor in causing disputes due to ambiguities and irrelevancies that sometimes appear technology related contractual documentation. Our understanding of technology issues allows us to focus on commercial issues that arise in projects, for instance whether the legal relationship established by the contract will scale with the project.