The all-pervading nature of IT in modern business means that every arrangement needs to be seen in context and there is little place for extreme negotiating positions to be maintained without compromise. Accordingly, we advise on IT arrangements in relation to specific business need and risk.
As our clients are involved in a wide range of activities under the wider IT umbrella we have significant experience in both older-generation and emerging technologies. Underpinning our approach to IT lie three core themes:
- Simplicity of approach: Given the often polar positions taken by the industry on liability, both sides need to be flexible in understanding the potential impacts of various default scenarios. In these situations our clear advice on the underlying law, and our adherence to a policy of simplicity of drafting removes the all-too-familiar uncertainties caused by confused language.
- Technical expertise: It’s important to ensure that the underlying technology and required outcomes are clearly understood, so we spend time with our clients to familiarise ourselves with the products or services. We learn about their jargon and acronyms, identify the critical issues and ensure that the arrangements manage the major risks.
- Relationships: IT arrangements are rarely point-in-time contracts, and where these require longer-term relationships between the commercial parties; however, allowing for future developments of which we may not now be aware creates inherent risks for both. It is our role to minimise the uncertainties and risks where possible, as well as provide a flexible framework to enable the parties to move forward.
"The team takes on complicated, often bespoke, projects."
Chambers UK 2013