TMT Disputes

Our business knowledge, dispute resolution experience and international reach have enabled us to provide clients with high quality, cost effective advice, but also, creative business solutions.

Our Practice

Our international practice has acted on a wide spectrum of disputes, including those arising from software development, IT systems integration and bespoke projects, hardware, software and maintenance agreements. We have also advised on telecommunications and internet services, products and regulation, outsourcing arrangements, licensing agreements, consumer and business IT products and infrastructure development and supply.

Our international network of TMT specialists has expertise in providing seamless cross-border teamwork in multi-jurisdictional disputes.

"Provided the client with an appropriate assessment in a timely manner to help them make a proper business decision" (Chambers UK, 2014)

"A really excellent firm. The team is really interested in our business and also understands how we work as a team" (Chambers UK, 2014)

Experience

We have advised, amongst others, Government departments and emanations of the state, infrastructure and network operators, financial institutions in relation to IT issues, software designers, device and other IT hardware manufacturers, internet companies and various companies facing IT, regulatory and commercial issues.

Our recent experience includes advising on the following (for reasons of client confidentiality, on occasion, we are unable to disclose the names of our clients):

Corporate / shareholder disputes

Sushovan Hussain
  • Advising the former Chief Financial Officer of Autonomy Corporation plc, Sushovan Hussain, on civil claims arising out of HP’s $11.1bn acquisition (and subsequent $8.8bn write-down) of Autonomy.
Nomihold Securities Inc
  • Representing Nomihold in an LCIA arbitration (and obtaining an award of approximately $210m for our client) and in subsequent enforcement proceedings against Mobile Telesystems Finance in relation to an option agreement for shares in the Kyrgyz mobile operator Bitel.
April Holding and OS Holding
  • Acting for two Cayman companies forming part of an international trusts structure in a complex contractual claim (Alessandro Benedetti and Anr v Naguib Sawiris and Ors) relating to the acquisition of Wind Telecomunicazioni SpA in 2005.
Activision
  • Acting for the client in proceedings for breach of contract relating to the payment of earn-out consideration under the share purchase agreement for Bizarre Creations Limited, an English computer game developer.
Developer of nanotechnology coatings
  • Advising the majority shareholders in a developer of cutting edge nanotechnology coatings based in Singapore and Eastern Europe in relation to a shareholder dispute with current management.

IT infrastructure and service disputes

Major European telecoms company
  • Advising the client on a plethora of disputes with and enforcement proceedings against various counterparty English telecoms companies.
Flash memory storage maker
  • Acting for the client in its dispute with a business services software provider.
Financial institution
  • Advising the client on breach of contract claims related to one of its software and service providers.
Government agency
  • Advising a government agency on risk management and related issues arising during licence negotiations with one of its IT suppliers.
International travel company
  • Advising the client on threatened claims against a North American telco in respect of the provision of ethernet virtual private network services.
Global sports marketing business
  • Advising the client on a contractual dispute with one of its service providers arising out of various managed broadband and IT services agreements.

Media and other disputes

Samsung Electronics (UK)
  • Advising Samsung, at first instance and in the Court of Appeal, on resisting a challenge to the English court’s jurisdiction to hear claims brought by Samsung in its successful proceedings against Apple for a declaration of non-infringement in relation to the marketing of Samsung Galaxy Tab tablet computers.
HMV
  • Acting for the client in claims against A&NN Capital Management Fund arising out of the tax deed for the sale of Waterstone’s.
INF Acamar Films Limited
  • Advising the client on various pure litigation issues arising in connection with its intellectual property dispute with Microsoft Corporation over Acamar’s "Bing" trade mark.
Large home-entertainment company
  • Advising the client on a claim in breach of contract (and other threatened/potential claims) relating to the closure of its UK subscription services.
Major British entertainment retailer
  • Advising the client on a dispute with one of its business services consultants concerning an alleged breach of contract.

Software, distribution and licensing disputes

Mobile phone app developer
  • Advising an Israeli mobile phone app developer in a Hong Kong court litigation against a Hong Kong-based entity in connection with the provision of certain software, together with customisation and support services under a sale and supply agreement.
European video game publisher
  • Advising a European video game publisher in a number of contentious matters involving various English distributors and developers.
Financial institution
  • Acting for a large financial institution on a dispute in relation to the implementation of a compensation management system (software-as-a-service) by an IT software company.
Leading Middle Eastern IT services provider
  • Advising the client on a threatened claim by a global data integration provider in relation to a software licence dispute.

Specialist Expertise

The breadth of the sector, and types of disputes that arise in relation to it, require a range of skills. We offer experience and expertise in resolution of disputes by negotiation, ADR, litigation and arbitration. Parts of the sector are highly regulated, and we can advise clients on issues including regulatory compliance, civil litigation and arbitration, judicial review and risk management.

We are often retained to advise before a dispute arises on contract construction and informal resolution strategies. Frequently, long-term relationships are involved and the sensitive resolution of specific disputes is crucial in maintaining those relationships. In other instances, more robust action to protect a client’s interests is appropriate.

Ultimately, our client’s objectives remain paramount, and we employ a range of innovative and creative approaches in order to achieve those objectives.