Network convergence means that systems and processes are business critical. Any disruption to services, from an IT outage to a cyber-attack, can be devasting; even after the initial emergency has been resolved, consumer confidence in a brand is often adversely impacted.
Our combined IT, telecoms and cyber team are vastly experienced in acting swiftly and often on little notice. We act for both technology and telecoms suppliers as well as end users.
We work within multi-disciplinary teams, and quite often with industry experts, and where appropriate public relations advisers, to provide focus and clarity for businesses, and to provide strategic advice and recommendations for stakeholders. Due to the fundamental importance of business continuity, this can involve the immediate mobilisation of large project teams.
We advise on a full range of disputes concerning:
- breach of specification for software development projects
- software licensing and “reverse-engineering” copyright disputes
- mobile and fixed line telecoms disputes
- outsourcing disputes (often with a multi-jurisdictional remit)
- breach of service- level agreements
- cybersecurity and breaches, including devising and providing support in implementing cyber risk management strategies and incident response plans
- “man in the middle”, phishing, ransomware and denial of service attacks
- fraud, cybercrime and specific offences under the Computer Misuse Act 1990
We have extensive experience of obtaining injunctions, Norwich Pharmacal orders, search orders and other emergency relief required from time-to-time to protect our clients' positions and ensure business continuity.
- Advising a telecoms provider on a substantial dispute in respect of technology and core network transformation with a value in excess of £220M. The litigation team advised on a number of claims against system integrators and were instrumental in reaching the negotiated settlement
- Acting for a software supplier in a significant dispute with a multinational software solutions supplier in respect of a business critical and bespoke software development and integration project. The lifespan of the project was 10 years with a value of over £60M. It involved review of steering minutes, change control mechanisms and addressing the impact on specifications; design and milestones for the project
- Advising a large multinational in respect of a dispute with an IT outsourcing provider concerning a complete failure of services provided, breach of service levels and breaches of confidentiality. This involved the termination of the agreement and migration to various new IT suppliers
- Acting for a global company in respect of a high value dispute concerning the licensing of software, service-levels and liquidated damages
- Advising a major global retailer following the discovery of hacking activity impacting its consumer facing website. Supporting the client in obtaining Norwich Pharmacal orders and liaising with the police to identify the culprits once the systems had been secured
IT & telecoms disputes & cyber security is part of Shoosmiths’ wider litigation offering. If you would like help finding the right team or lawyer please contact us on +44 (0)3700 863 000 or contact us by email to [email protected].