Data, IP & Technology Disputes
Much of the economy is underpinned and enhanced by data, content, technology and brands. However, the creation and use of those enabling assets can often carry with them significant risks.
Our data, IP and technology disputes lawyers
We have a team of data, IP and technology disputes lawyers who have a track record in guiding clients to a successful resolution when issues arise. Our experience includes dealing with the following:
- Data security incidents and consequent investigations and litigation;
- Breach of confidence and trade secrets claims;
- Database rights infringement;
- Trade mark and passing off claims;
- Copyright infringement;
- Design right disputes;
- Patent infringement; and
- Technology and outsourcing disputes.
We have developed a network of expert advisors around the world. Drawing on these long-standing, trusted relationships we meet our clients’ data, IP and technology needs globally. We can coordinate the obtaining of advice from these contacts, co-counsel with them or refer our clients directly to them.
We are also able to source assistance for our clients from cyber and IT security experts when dealing with data security breaches as well as from PR experts experienced in handling the communications issues around major incidents.
They demonstrate strong capabilities in cybersecurity matters.
Our expertise in data, IP & technology disputes
The team has acted for a wide range of clients across a diverse range of sectors. Here are some examples of the cases the team has worked.
- We represented a client defending data protection, defamation, malicious falsehood and negligence claims issued in the High Court by a company and its director. The allegations related to the client’s compliance with a subject access request and other processing of personal data relating to the director. The claims were discontinued by the claimants following our submission of comprehensive grounds of Defence and the threat of a strike out/summary judgment application.
- Our client, an Events company, had used a consultant for many years to assist them with organising and running industry conferences. The consultant had access to our client’s customer data and business methods. When the consultant left our client, they took the data and business methods with them to use in a new company set up by them. We succeeded in preventing the former consultant using the data and business methods.
- We represented a US based retailer who was affected by the Shopify technology platform data security breach. We dealt with reporting the data security breach to European based data protection regulators. No action was taken against our client.
- Our client was innocently caught up in the Cambridge Analytica/Facebook scandal. We helped our client navigate through an investigation and audit by the UK Information Commissioner’s Office (ICO) and requests for information from Facebook’s lawyers.
Intellectual property disputes:
- We represented a US based software provider in investigating and taking action to prevent the distribution of pirated software in the UK. We obtained undertakings for our client from the source of the pirated software.
- Our client, a UK based fashion company, had established a global brand. A large US based retailer was seeking to use that brand in its business as it expanded from America into Europe. We acted alongside the client’s US based advisers to arrive at a strategy which led to a successful conclusion of the dispute for our client, involving a multi-million dollar settlement in its favour.
- We represented a UK University in a dispute over the alleged wrongful publication by the University of material which was then used by a third party to challenge a patent held by a company. We liaised with the company’s representatives to resolve the challenge to the patent.
- We dealt with a claim in the Intellectual Property Enterprise Court (IPEC) involving allegations against our client of a breach of database rights. IPEC gave a judgment in our client’s favour.
- We represented a supplier of software and systems in a dispute with its client, an Investment Management company, over a failed IT outsourcing project to install a compliance management system. Our client obtained a settlement sum representing the majority of its unpaid invoices following the alleged wrongful termination of the project by its client.
- Our client, an Investment Management company, entered into a contract with an IT platform provider to deliver an asset management system. After repeated failures by the supplier to deliver a fully functioning system, we assisted our client in terminating the contract and obtaining substantial compensation from the supplier.
- We represented our client, a third party seller on the Amazon platform, in a dispute about whether it had breached Amazon’s terms. We negotiated with Amazon a release of our client’s frozen site and the payments made by our client’s customers which were being withheld by Amazon.
Their analyses, arguments, suggestions, etc. are usually very good as far as I (not being a lawyer myself) can judge on this.