Technology and Innovation

Our commercial and IT teams offer a leading technology practice that is ideally placed to support the challenges facing businesses that both offer and implement technology and innovation solutions.

We can support you through the lifecycle of your trading arrangements from key issues reviews and risks analyses of contracts presented to you for signature, to drafting and negotiating bespoke agreements for your unique offering, ensuring that your contracts are robust, resilient and are an enabler of flexibility and agility in your business going forward.

Our range of commercial services includes:

• Commercial contracts: drafting contracts/conditions for sale and purchase of technology products and services, advice on frameworks for technology solutions, IT licensing, support and maintenance agreements, agency, distribution and reseller agreements, transitional services arrangements, software trial agreements, connectivity arrangements
• Collaborations and joint ventures: heads of terms and memorandums of agreement, collaborative technology projects, including R&D and commercial exploitation agreements, non-disclosure agreements
• Digital and e-commerce: on-line trading terms and conditions, click-wrap agreements, website development contracts and use terms, privacy policies, app and API development and use terms, open source software, cloud computing, trading with consumers and crowd funding arrangements
• Services agreements: master services agreements and call-off contracts, service provision contracts (including SaaS, PaaS and IaaS), subscription agreements, outsourcing arrangements, web hosting contracts, service level agreements

CASE STUDIES

• Drafting and negotiating cross-border joint venture arrangements for new technological developments for personal protective equipment in the healthcare sector
• Advising a specialist cyber-security firm on the roll out of its Software as a Service platform
• Advising on collaboration arrangements between further education organisations, technology PLCs and major corporates, local and central government, and specialist technology interest groups on the creation and management of a centre for technology
• Negotiating a contract for a private sector preferred supplier, for the supply of test services to a health services consortium with a multi-million pound contract value over ten years
• Advising on the legal terms for e-commerce marketplaces
• Preparing a collaboration agreement to establish a framework to govern the rights and obligations of the parties in relation to a collaboration to combine different technologies to innovative new solutions
• Preparation of a framework agreement for the outsourcing of IT support and software development functions for a panel of suppliers to be used by a major household name
• Advising on the roll out of a SaaS solution to major online retailers including advice on international expansion
• Advising a technology manufacturer on licensing arrangements for second-line manufacture by a customer, together with associated long-term supply and technical consultancy arrangements
• Advising a medical device manufacturer on a co-development collaboration, including licensing, royalty and “buy-out” options and downstream manufacturing and customer supply arrangements
• Advising a University on collaboration arrangements with online platforms for the delivery of e-learning, addressing course content development, participant enrolment and management, revenue arrangements and data flows

Our corporate team offers a market leading corporate practice that is ideally placed to support the challenges facing businesses that both offer and implement technology and innovation solutions.

Our range of corporate services includes:

• Corporate transaction advice: advising both providers and customers of technology solutions on acquisitions and disposals including management buyouts, private equity investments, trade sales, structuring and reorganisations
• Corporate governance: drafting constitutions, advising on the duties of directors, managing conflicts of interest, shareholder rights and disputes and reorganisations following the exit of stakeholders
• Joint ventures and partnerships: mergers and joint venture vehicles, collaborative procurement arrangements
• Banking and financing: our dedicated banking team acts for borrowers, lenders and investors advising on debt and equity financing and refinancing including acquisition finance, real estate and development finance, syndicated funding and intercreditor issues

CASE STUDIES

• Advising the shareholders of digital design and software build agency, Lola Tech to global software development company, DataArt
  
• Advising a major private equity and venture capital investor on its investments in a robot process automation provider and a specialist e-commerce platform
• Assisting a high performance technology consultancy start-up on the introduction of an EMI Share Scheme for employees
• Advising an IT managed services provider on multiple bolt-on acquisitions as well as a new multi-million pound bank financing facility to support further acquisitions
• Advising on the sale of an AI and machine learning business specialising in the financial services sector
• Advising a web-based platform operator on a further investment round and the conversion of existing loans into shares

Our data team offers a market leading data practice that is ideally placed to support the challenges facing businesses that both offer and implement technology and innovation solutions.

Our range of data services includes:

• Data sharing agreements and data processing agreements
• Compliance with legal requirements of the UK and EU GDPR, including contract compliance
• Subject access requests
• Handling data breaches and reputation management

CASE STUDIES

• Advising on data compliance issues, including assisting in the drafting of a data protection impact assessment, in respect of the use of a new API for large scale data sharing
• Assisting a Russell Group University with its data protection compliance including complex data analysis and advice on a wide range of processing operations including use of personal data in research

Our disputes team offers a market leading practice that is ideally placed to support the challenges facing businesses that both offer and implement technology and innovation solutions.

Whatever stage your dispute is at, we have the experience and commercial approach that you need to resolve it effectively and give you peace of mind. Our team consists of dynamic strategic solicitors who deliver innovative and commercial dispute resolution and litigation services to meet your needs.

Our range of services in dispute resolution and litigation includes:

Commercial

• Breach of contract claims (including breach of warranty)
• Shareholder actions
• Director’s duties
• Partnership disputes
• Disputes relating to commercial agents, dealerships and distribution agreements
• Corporate/director fraud
• Regulatory obligations and health and safety compliance
• Professional negligence
• Defamation
• Insolvency and restructuring
• Advising on areas of risk and business recovery

We specialise in disputes that require urgent court action such as injunctions, freezing orders and search and seizure orders.

Government litigation and panel appointments

We act on a variety of disputes for two Government departments, including very high profile litigation cases, and have instigated landmark decisions in both the High Court and Court of Appeal. We are appointed to the Crown Commercial Services General Legal Services Panel for Central Government as a Tier 1 Provider.

Alternative dispute resolution

Court proceedings are not always the most appropriate course of action. We are committed to resolving disputes in the most cost effective way and we will explore the possibility of conclusion through discussion, mediation, adjudication or arbitration. Our trained mediators are on hand to will help guide you through the process.

Court work

We are on hand to advise our clients on cases that cannot be resolved without court proceedings. We have an excellent success rate for clients when a case does go to court and we will assist you all the way by:

• advising you on merits at the outset
• drafting and issuing your claim or preparing your defence
• providing detailed costs estimates
• taking steps to comply with any orders made by the court
• advising you on barrister selection to ensure we instruct the right barrister for you
• appointing an expert on your behalf if an expert is necessary
• liaising with the court, expert, barrister and opponent as appropriate
• managing out of court settlement discussions

CASE STUDIES

• Advising a software developer in relation to a dispute regarding a contract where payment for the company’s services was in the form of cryptocurrency
• Advising Cambridge Technology Company in relation to in excess of 1,000 separate breaches of worldwide software licencing agreements including overseas breaches
• Representing former shareholder/sellers in connection with the earn out provisions of the sale of their technology sector business

Our employment team offers market leading practices that are ideally placed to support the challenges facing businesses that both offer and implement technology and innovation solutions.

Our range of employment services includes:

• Drafting employment contracts and handbooks to support business growth, development and change
• Employee incentivisation arrangements
• Senior team and technical team appointments and leavers, including restrictive covenants
• Employee restructures, implementation of new business models and redesigned business processes
• Termination of employment and settlement agreements
• Equality and diversity
• Training on a variety of employment and HR topics
  

CASE STUDIES

• Providing employment law training to a business IT support consultancy
• Supporting a provider of financial planning software by offering day-to-day employment law advice 

Our intellectual property team offers a market leading IP practice that is ideally placed to support the challenges facing businesses that both offer and implement technology and innovation solutions.

Our range of intellectual property services includes:

• Identifying, protecting early stage technology and registering your intellectual property (including UK and international trade marks and designs), ensuring you have appropriate contracts, policies and procedures in place
• Exploiting your intellectual property, including licensing or selling intellectual property to third parties, collaborating with the owners of complementary products, and using your portfolio as an asset to add further value to your products or services
• Auditing your intellectual property portfolio and suggesting how it may be developed, identifying areas of risk and advising how protection can be enhanced
• Enforcing your intellectual property rights against third parties, investigating possible instances of intellectual property infringement and handling disputes to resolve claims as quickly as possible with a favourable outcome

Our expertise includes:

• Confidential Information
• Copyright
• Design Rights
• Domains
• Passing Off
• Patents
• Trade Marks
• Database rights
• Reputation management

CASE STUDIES

• Acting for the Business Software Alliance on behalf of Siemens, Autodesk, Bentley, CNC, Exocad, PTC and other high profile software houses enforcing their IPR in the UK
• Preparing technical information and know-how sharing agreements between two competing companies for the benefit of their mutual customer
• Advising an agile innovation company on restructuring its operations to provide maximum protection for its IP including preparing intra-group assignments and recording transfers of IP ownership in various jurisdictions throughout the world
• Acting in trade mark infringement and patent infringement proceedings in respect of innovative technology in the sphere of marine biology
• Advising a global software supplier on international trade mark protection
• Acting on behalf of a leading software house in enforcing its licensing terms
• Assisting an international software business in the defence of a claim for breach of contract in respect of integration and development services
• Advising a life science business park management company in a claim for breach of contract against a software supplier
• Acting for a local robotics manufacturer in relation to the potential infringement of intellectual property rights
• Advising a national cyber security specialist on a re-brand

Our property, planning and construction teams offer market leading practices that are ideally placed to support the challenges facing businesses that both offer and implement technology and innovation solutions.

We work with science parks, technology hubs and centres of excellence for science and technology providing practical, no-nonsense solutions that are always focused on meeting your commercial objectives.

We can assist you in strategically planning for development projects and help you develop strategies to secure planning permission as soon as possible and at the same time minimise the risk of successful legal challenge to planning permissions. We can also assist you in all aspects of the acquisition, funding, management and disposal of property.

Our range of property investment services includes:

• Contracts, leases, options and other property and construction agreements
• Property due diligence
• Funding arrangements and security
• Joint ventures
• Investment and private equity finance
• Investment trusts and tax efficient structures
• Stamp Duty Land Tax

Our range of planning and construction services includes:

• Site appraisals for potential development opportunities
• Strategic advice to maximise the prospects of success
• Promotion of development in emerging Local Plans
• Project management of planning applications
• Advice on and legal audit of Environmental Impacts Assessment development and planning applications to maximise the prospect of securing planning permission and to minimise the risk of successful challenge
• Planning and other infrastructure agreements
• Planning conditions including discharge and variations
• Community Infrastructure Levy
• Project management of planning appeals and advocacy at inquiries and hearings
• Defending any judicial review or planning appeals, in High Court proceedings and in planning enforcement and prosecution cases
• Compulsory Purchase Orders including promotion, objection and compensation
• Enforcement
• Certificates of Lawfulness
• Permitted development rights
• Assets of Community Value
• Village and Town Greens
• Listed Buildings, Conservation Areas other heritage assets
• Protected trees

CASE STUDIES

• Completion of a commercial working agreement and a lease between various parties relating to the establishment of an Institute of Technology
• Preparing and negotiating Agreements for Lease, Leases and ancillary documents for a new Aviation Academy; including setting up a complicated service charge arrangement to take account of the provision of an aeroplane and helicopter on site; arranging access licences to transport the aeroplane onto site over private roads; registering the site with the Land Registry and advising with regard to Stamp Duty Land Tax
• Acting for Braintree District Council (BDC) in relation to the new Horizon 120 business and innovation park. We advised BDC on contract negotiations to acquire two separate parcels of the development site, near Great Notley from an adjoining landowner and developer, Countryside Properties. BDC envisages that the 65-acre development site, Horizon 120, will attract professional services firms, companies operating in research, digital and development sectors and, in advanced manufacturing

BSA | The Software Alliance

We are instructed as sole representatives in the UK on behalf of the BSA and its members which include Siemens, Autodesk, Bentley, CNC, Exocad, PTC and other high profile software houses enforcing their IPR in the UK. We act against UK based companies who are not properly licensed when using the software of BSA members. Much of the software in use is either pirated or illegally downloaded from the internet or simply being used on more computers than they have licenses for.

Fleet Assist

We advised a fleet management logistics business on commercial and IT agreements, including supply of services agreements, software licences and data processing agreements.

Milton Keynes College

We advised on collaboration arrangements between further education organisations, technology PLCs and major corporates, local and central government, and specialist technology interest groups on the creation and management of a centre for technology.

‘Exceptionally good coordination, always knowing what’s going on with different teams and areas of our work. Seamless integration.’

‘Responsiveness and being very experienced in this field is key for me. I have worked with parties on the other side of the transaction and they always complain to me about not being able to get hold of their lawyers or their lawyers are not responsive to the client's needs. I don’t have that complaint about Howes Percival.’

‘From my experience being an ongoing client of Howes Percival, I feel trust is everything when being guided within the minefield of the legal sector. Therefore, my recommendations come without question.’

‘Combines high quality legal expertise with excellent commerciality in approach and recommendations.’

'They consistently provide high quality, practical advice on a timely basis and you always feel that they go the extra mile when looking after your business.’

'What you get with Howes Percival is a full comprehensive range of legal services with the added value of sound, commercial advice. The team have complementary skills and expertise from different areas of law that are brought in, as required to give you the answers you need.’

‘Working with Howes Percival is so easy – a true business partner. Great advice, great suggestions. I’m always pleased to have them in my corner.’

- Client testimonials quoted in the Legal 500