Technology disputes

Our expertise

Our technology disputes team comprises experts from a multitude of departments and offices, and regularly advises on the full gamut of technology related disputes, including those relating to the implementation of major hardware and software projects, outsourcing and platform integration projects, payments services, novel technologies (e.g. cryptocurrencies, AI based technologies). Members of our team also frequently advise on disputes and regulatory issues arising from data breaches.

Our clients engage us on their technology disputes because they know that we have the knowledge and experience to handle the biggest and most complex cases, the market knowledge of the sectors in which they operate and the breadth of complementary experience across our firm. We bring together teams of experts from other specialists as needed, such as non-contentious information technology, data protection, IP, and regulatory enforcements, both in the UK, and across other relevant jurisdictions. 

Experience

Fintech disputes

• Advising over 1,000 claimants within the hospitality, leisure, retail, arts, ticketing, online betting, financial services and several other sectors in the recovery of over £750 million losses incurred as a result of unlawful Multilateral Interchange Fees applied to every Visa and Mastercard card transaction processed by our clients in the UK and Europe.
• Advising a financial institution in successfully striking-out a claim against it brought by a former foreign exchange trading counterparty in relation to losses suffered due to high-frequency automated foreign exchange trades. 
• Advising financial institutions which were threatened (without any notice) with, amongst other things, being put out of business by the Financial Conduct Authority as a result of alleged unlawful conduct in the treatment of customers in the context of trading with crypto assets.

Software disputes

• Advised a major information technology services supplier in a multi-million-pound dispute with various public sector entities arising out of performance issues relating to an SaaP project. 
• Advised a major European airline in relation to a dispute with a crew management software provider. The dispute concerned the early termination of the software package and the subsequent suspension of services by the software provider at short notice, as well as allegations that the airline had failed to provide the minimum hardware required to allow the crew management software to function properly.
• Advised a market leading technology company on a dispute relating to bespoke power management software which it had delivered to a multinational utility company.
• Advising a financial institution in relation to the recovery of losses suffered as a result of software issues relating to an innovative pre-paid Mastercard programme which led to the entire card programme being taken offline.  

Corporate and contractual disputes

• Acted for one of the world's largest SIM providers in the travel sector in a multi-million-pound dispute over amounts due under a contract, which turned on, amongst other things, whether SIM cards had been activated in a manner consistent with the contract.
• Advising Hitachi Solutions Europe Limited in relation to a termination dispute relating to a contract for the provision of web-based educational software in 13 territories.  
• Advised a telecommunications service provider in a dispute with a global travel company over whether the use of an automated process was a breach of contract.
• Advised one of the founders of a tech start-up in relation to claims against his co-founders as a result of attempts by them to pursue a competitor business in breach of their directors' duties. 

Gaming disputes

• Advising a developer of mobile slot games on breach of warranty claims arising from high profile class action suits brought against Google, Apple and Facebook relating to illegal gambling.
• Advising an online ticketing exchange and resale platform in relation to claims against a sports franchise to whom it provided a ticketing solution for both primary market and secondary market ticket sales, and from whom it had acquired sponsorship rights.
• Advised the operator of an online sports betting brokerage portal regarding requests that it provide evidence in connection with a multi-jurisdictional investigation into a criminal gang engaged in football match fixing and online gambling.

Data protection disputes

• Advised in relation to two substantial representative actions against major technology companies, arising from systemic breaches of data protection legislation, including in relation to children's data. In each case these claims sought damages running to billions of pounds.
• Advised a financial institution in relation to a data breach which resulted in hackers gaining unauthorised access to extremely sensitive personal data, including details of very significant transactions involving clients of the company, which resulted in a third party being exposed to a significant financial loss. This included advising on all aspects of incident response including making relevant notifications to affected data subjects, the ICO, insurers, and the police, and potential disputes with third parties.
• Advised a listed financial services provider in relation to a data breach which had resulted in hackers gaining unauthorised access to the personal data of customers of over 5,000 merchants who used a payment platform operated by the client. This included advising on all aspects of incident response and potential disputes with third parties.
• Advised a private equity fund in relation to a data breach suffered by an investee company which resulted in hackers gaining unauthorised access to personal data, including addresses and bank details, of various parties, including investors in the company. This included advising on all aspects of incident response including making relevant notifications to affected data subjects and the ICO.