Our solutions-based, experienced commercial team are dedicated to helping businesses with all the contractual, commercial and trading issues that they face. Whilst the team works in conjunction with the firm’s other practice areas to provide a comprehensive solution to each client’s requirements, it performs independently rather than simply as a support function to the firm’s other practice groups.
We have a detailed understanding of how organisations work and understand the key business drivers relevant to each specific industry sector. This allows the commercial team to steer clients through the entire lifecycle of their business, from start-up to sale, providing practical legal solutions to real-world business challenges.
We are heavily embedded in the technology sector and regularly advise customers and suppliers on matters relating to information technology, data protection (GDPR), privacy, intellectual property, outsourcing and procurement. We have significant expertise in software and other technology issues.
We deal with commercial issues in areas that include:
- Preparation and negotiation of commercial contracts, including logistics, IT contracts, franchising, outsourcing, sale and hire of goods, and supply of services.
- Software licences, SaaS contracts, development agreements and IT procurement contracts.
- Other procurement arrangements of all types, such as for facility services, equipment supplies, engaging recruitment agents.
- Terms and conditions (of all types).
- Agreements e.g. variation agreements, distribution and agency, sponsorship, advertising, e-commerce, licences and assignments.
- Data protection policies and relevant compliance issues (including with respect to GDPR).
- Advertising and marketing issues.
- Brand protection, trade mark registration and agreements, IP licensing and image rights.
- Outsourcing, our team has significant experience of ‘true outsourcings’ where an in-house function moves to, or between, service providers. The team draws on other experts in the firm – for example in relation to employment/TUPE issues, data privacy, intellectual property – and even dispute resolution (though of course we try to set up deals so that disputes are avoided.
- Advised all departments of The All England Lawn Tennis Club (i.e. Wimbledon) and drafted a large suite of standard documents e.g. supplier terms and conditions, consultancy agreements, non-disclosure agreements, procurement contracts, purchase order terms and conditions and sponsorship agreements, to enable Wimbledon to contract with third parties on standard terms that are tailored to the organisation and that offer sufficient protection.
- Advised Applegreen on its Multi-site Corporate Franchise Agreement with an international coffee shop chain, Fuel Haulage Agreements with a large logistics company, Framework Agreement relating to the provision of ATMs in filling stations and Retailer Agreement for Product Distribution.
- Drafted and negotiated Software Development and Maintenance Agreements and all Website Policy Documents for numerous clients including The All England Lawn Tennis Club, the Racehorse Owners Association, social media and picture-sharing platforms and a start-up E-commerce and Crowd Funding platform.
- Assisted in the implementation and management of Anti-Infringement and Brand Protection Programmes for major sporting and commercial clients, which included advice on intellectual property matters, trade mark registration and intellectual property enforcement, including trade mark, copyright and passing off claims.
- Advised a leading international manufacturer of household goods on its UK-focused social media advertising campaigns.
- In relation to outsourcing, our team has advised commercial and sporting organisations on all stages of outsourcing, from deal structuring to competitive tendering to live date then beyond and on to exit/re-tendering or changing provider, we are there for the whole outsourcing life-cycle.