Specialist expertise

Mark works across all areas of commercial law, information technology law, intellectual property law and internet and on-line commerce law. Mark has extensive experience in advising clients on all manner of commercial agreements from international franchising, distribution, procurement, agency and marketing documents through branding and intellectual property licensing, to advice and documentation regarding hardware and software issues. These include development, licensing, maintenance and distribution - solutions for and methods of transacting on the Internet, electronic commerce - including B2B, B2C and B2G - strategies to minimise or maximise liability and carry out compliance audits, outsourcing, facilities management, procurement, company IT policies, data protection (privacy) and freedom of information issues. He also has experience in various other areas of advanced IT law (such as digital signatures and PKI) and in dealing with software disputes and IT litigation (and methods of using alternative dispute resolution techniques). As a leader in the field, Mark is often called upon for comment by the media including Sky and Channel 5 news.

Examples of clients

Elstree Film Studios, Decathlon, Playboy UK, Sanyo, The Gulf Marketing Group, TOTAL Fuels, mysupermarket.co.uk, Maxell, Retailcorp LLP and Dubaiworld LLC, Imagination Technologies Plc.

Experience

Joined the firm in 2004 from Fidex Law to head the department. Mark was formerly at Baker & McKenzie in London and Chicago and at Allen & Overy. Mark is chairman of the IP Group of Lawnet and the chairman of the Society for Computers and Law, North London and Home Counties region. He is the author of the Legal Practice Companion and a number of other texts, lectures regularly and contributes to a wide variety of journals and magazines.

Qualifications

LLB (Hons) First class.

Recent examples of work

• Continues to advise Dubai-based, government-backed and private businesses on their implementation of franchises and intellectual property with regard to household-name brands and their placement in malls all over the Middle East.
• Advising an on-line comparison site on IP and IT matters, their involvement with a national ASDA advertising campaign and managing the website’s relationships with the major supermarkets.
• Negotiating latest Horse of the Year Show contracts with BSkyB and addressed a range of IP issues for the show.
• Dispute resolution – claims for patent infringement, trademark cease and desist work, defending and prosecuting opposition proceedings for a number of clients.
• Acting on a multi-million acquisition of a business with international patented technology rights to make car engines work more efficiently.
• Drafting and negotiating software licence and implementation agreements, support and maintenance agreements, reseller and development licence agreements for major software companies.

Specialist expertise

Mark is an expert in dispute resolution, including commercial litigation, IP/IT litigation, HFEA regulatory affairs.

Examples of clients

Epicor Software (UK) Limited, Coface UK, Europcar UK Limited.

Experience

Joined Mathew Arnold & Baldwin in 1996, becoming a Partner in 1999.
Previous firms: Laytons, Fladgate Fielder, Feez Ruthning (now Allens Arthur Robinson), in Brisbane.

Qualifications

BCom/LLB - University of Queensland, Diploma in Intellectual Property Law and Practice - Bristol University. Qualified: 1991 (England & Wales), 1988 (Queensland).

Recent examples of work

• Conducting litigation in England to assist German insolvency practitioner in relation to a claim for a sum in excess of US $300,000,000 including detailed settlement discussions and interaction with magic circle firms acting for the other parties to the English litigation.
• Proceeding with commercial agent’s claim for terminated agent in relation to Benelux agency against UK defendant principal.
• Defending UK software company against claim for termination of software installation project contract.
• Advising UK subsidiary of US conglomerate in relation to supply of manufacturing equipment to Canadian company. Claim by the Canadian company; including various conflict of law points.
• Defending entrepreneur in relation to claims based on agreements and promissory notes involving companies based in Anguilla, BVI and Canada. Complex limitation defences both in the UK and in those jurisdictions.
• Assisting UK patentee in relation to enforcement of manufacturing process patent in both the UK and France, engaging with French lawyers in relation thereto and drafting patent licence to settle claim and invalidity counterclaim.
• Proceeding with breach of fiduciary duty claim against partner in arborcare business and dealing with dissolution of partnership issues; currently three claims being consolidated.

Specialist expertise

Paul advises on all areas of commercial law, with a particular focus on IT, IP, online and data protection issues, including: B2B, B2C and B2G contracts; drafting, reviewing and negotiating agreements and terms & conditions for supply of goods or services or software, or the purchase of goods or services or business-critical software; software licences; support & maintenance agreements; software as a service agreements; bespoke IT and web development agreements; outsourcing agreements; agency, distribution, merchandising, sponsorship, reseller and franchise agreements; Commercial Agents Regulations; competition law; IP (such as copyright, trade mark, design and patent) assignments and licences; confidentiality and know-how agreements; data protection; marketing law; brand advice; promotions and competitions; gambling law; freedom of information law; and other general legal advice in a commercial context involving day-to-day business issues including whether to exercise certain rights in relation to existing agreements.

Paul has a particular focus on web and online legal issues, including: online trading terms and conditions for supply of goods, services and digital information; advice on online laws and regulations such as Distance Selling Regulations and E-Commerce Regulations; privacy statements/policies; website terms of use; website legal audits (including advice on online defamation); web development agreements; web hosting agreements; linking, pay-per-click, affiliate and online advertising agreements.

Examples of Clients

Atex Group, Coexis, Ecube Distribution, ESRI (UK) Galderma, IGD, LocalLife, Maxbips, Moreton Smith, Ravensburger, RFTGlobal, Sabien Technology, Sanyo, Schleich, The Promotions Practice, Thyron Systems; plus many SMEs.

Experience

Paul joined the firm in 2001 and was promoted to Associate in 2004 before being made Principal in 2009. Paul previously worked at Herbert Smith, DJ Freeman and Fox Williams. He has also spent time on secondments at ESRI (UK) and GE Money. Paul founded the Upload series of update publications and has been editor of the update service at www.upload-it.com since 2002. Paul regularly writes articles for leading legal and IT industry publications and appears in the national and local media (including Sky, BBC, the Daily Telegraph, Financial Times, Computing Magazine, IT Law Today, IT Week, PC Pro, Copyright World and the Society for Computers & Law). He gives presentations on Commercial, IP, IT, online and data protection topics.

Qualifications

LLB Hons

Recent examples of work

• Advised supplier of cutting edge business-critical software to investment banks on drafting and negotiating complex range of licensing, support and maintenance, value added reseller, “partnering” and development licence agreements.
• Drafted suite of “menu-type” terms and conditions and supporting schedules for key supplier of IT and IT services to leading newspaper publishers for use in many territories.
• Provided continuing advice to supplier of patented energy-efficient products including agreements through its distributors in many territories.
• Drafted terms and conditions for innovative provider of online services where financial institutions can bid in real-time auctions for investors’ term deposits.
• Drafted terms and conditions for web-based service offering travel-lovers novel opportunities to meet up and obtain revenues.
• Drafted variety of terms and conditions, privacy policies and website terms for clients’ supply of goods or services, whether for off-line or on-line use.
• Advised toy company on concession agreement for securing space in leading toy retailer.
• Drafted quasi-franchise agreement for auction service provider in relation to a network of estate agents providing properties for auction through that network.
• Reviewed and negotiated agreements granting clients merchandising rights to supply licensed products incorporating leading football and television character brands.

Beth specialises in a variety of civil and commercial litigation including IT and IP disputes.

• Beth obtained distinctions in the Common Professional Examination (Graduate Diploma in Law) and Legal Practice Course at University of Westminster.
• Beth joined MAB as a trainee solicitor in October 2005 and qualified as a solicitor in October 2007.