PMLG's Outsourcing, Technology and Commercial (OTC) group

Member firms of our OTC Group advise on all areas of commercial and technology law as set out below.

Technology and business process outsourcing

The group's expertise in drafting and negotiating service contracts has extended beyond pure technology projects and now includes property outsourcing and business process outsourcing.

Our specialist outsourcing teams advise both suppliers and users of systems and facilities from the very earliest stage of an outsourcing project through to re-negotiation and completion. Our group offers a complete service including providing advice on structuring procurements, drafting and negotiating the contract, advising on the transfer of employees and advising on funding, tax issues and pensions.  Where appropriate we are also able to assist on the creation of special purpose vehicles to deal with funding and VAT complexities.

Our member firms have advised on some of the earliest IT and telecoms outsourcing projects and have seen many of these through to the third generation re negotiating the contracts either during or at the end of their term.  Outsourcing projects can sometimes run into difficulties.  We have been involved in the recovery of a number of troubled outsourcing arrangements and have assisted both the client and the supplier in realigning their working relationship and minimising the impact on the client business through renegotiation.

Software and systems procurement

We can assist in negotiating and drafting contracts for the procurement of software and hardware components and services.  Such agreements must ensure that the supplier delivers quality products within defined time limits whilst offering value for money.  This can be contractually achieved through both specific quality requirements as well as more holistic devices such as service benchmarking.

Software development, licensing and distribution

Software is a commodity that can be exploited through distribution, marketing, and other channels.  We represent a wide variety of both suppliers and end users with requirements in this area.

Software licences are a significant part of the group's workload and our IT lawyers are all well grounded in the relevant copyright laws and other applicable IPRs.  Through supporting a range of software houses over the years, our member firms have kept up to speed with the latest industry trends.

We are experienced in the drafting, review and negotiation of software licensing agreements for those wishing to licence software into their company.

Our clients develop products with third parties and we often give advice on joint ventures including joint exploitation agreements which can be employed to define and protect the positions of the parties.

Data protection and privacy, freedom of information and human rights

Our member firms provide a complete legal service, advising on privacy, data protection, freedom of information, human rights and other related issues.
We assist with European and Global information and data activities of a number of major European and overseas data controllers, including leading organisations in the retail, financial, insurance, manufacturing and services sector, providing them with a wide range of advice in achieving compliance and dealing with data related disputes.

Internet and e-commerce

Our experienced team advises a wide range of businesses on the issues surrounding trading and electronic communication.  As the digital world expands, we track the technical and legal breakthroughs and developments in technology, keeping our clients informed of relevant changes in the law.  This is an increasingly regulated environment and we take a proactive approach working with our clients to ensure they keep up to date with the latest requirements.

We advise infrastructure suppliers, e-retailers, ISPs and traditional businesses trading online.

Telecoms

Member firms in the group advise telecoms providers and customers.  The group covers a wide range of telecoms related work, working with mobile operators, fixed line operators, ISPs, suppliers, resellers and buyers of telecoms infrastructure services.  We have advised in connection with procurement, supply and regulatory issues.  In addition we have advised telecoms suppliers in connection with a wide range of general commercial legal issues, ranging from IPR and licensing arrangements to supply contracts and issues relating to the procurement of services for the roll-out of mobile and broadband network infrastructure.

Our group works with a number of mobile telecoms operators, advising them in relation to their obligations relating to traffic and data access issues by subscribers and public authorities and in connection with their data retention obligations.

Contract support

Technology projects can sometimes run into difficulties.  Our member firms offer a service benchmarking the contract against the operating relationship to minimise the risk of contract failure.  Our group's member firms have been involved in the recovery of a number of contracts which have encountered difficulties and assisted both the client and the supplier in retaining their working relationship and minimising the impact on the client business either in terms of service levels or withdrawing from the contract.

Technology and telecoms dispute resolution

Our member firms have some of the most experienced IT dispute resolution teams and have been involved in some of the most significant cases to effect the IT industry in recent years.  Our expertise spans all forums of dispute resolution.

Our dispute resolution lawyers advise both suppliers of systems and users providing a complete service assisting clients to monitor contract risk through to mediation, arbitration and litigation proceedings. Our detailed understanding of the technology industry, the systems and processes utilised in IT projects and the technical aspects of software and hardware systems sets us apart from the generalist commercial dispute resolution practices.

We have a depth of experience advising clients on issues common to technology disputes for example sizing, vapourware and other claims based on mis-selling, fault-based termination rights and the enforceability of standard terms including limitation and exclusion of liability, whether arising in relation to the supply of complex bespoke systems and software, or off the shelf solutions, as well as the business issues that arise in all sectors, such as misrepresentation, breach of confidentiality, enforcing restrictive covenants, defending intellectual property rights, and enforcing or defending rights and obligations arising under commercial agreements.

Commercial contracts

The group's commercial contracts team is known for its bolt-on in-house philosophy.  Most lawyers in the team have worked in-house at some stage in their careers and in-house lawyers trust us to deal directly with their internal clients while maintaining reporting lines with the in-house legal team.

Clients appreciate our commercial insight as much as our technical excellence.  We provide legal solutions that meet the commercial imperative.  We judge ourselves against the delivery of the objectives set out in the client's business case.

We always aim to be robust in our advice, pro-active in our recommendations and commercial in our methodology. Picture perfect legal solutions do not always make for profitable contracts.

See: PMLG website