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Business & Dispute resolution

Commercial agreements and business matters

We regularly assist clients with their business matters, commercial agreements and disputes. This work covers a range of commercial matters, preparing and negotiating commercial contracts and dealing with disputes as well as drafting company documents for newly formed or well-established companies. We are often retained by clients on an ongoing basis, our work includes:

  • Preparation of a wide range of commercial contracts;
  • Non-disclosure agreements;
  • Sponsorship and digital matters;
  • Compromise agreements;
  • Agreements relating to the transfer of data;
  • Shareholders’ agreements;
  • Director service agreements;
  • Articles of association; and
  • Various aspects of litigation and dispute resolution arising out of contracts.

Technology and E-commerce

We are experienced in all aspects of digital industry, whether the client is a technology business or an individual or business engaging with digital/technology.

Lorna Caddy has a strong practice advising clients in these areas and is highly praised by clients in these fields. We regularly assist clients with intellectual property rights issues stemming from use of technology. We advise on both contentious issues (for example, disputes over ownership of IP) and non-contentious issues (for example, preparing IT contracts such as service agreements).

Our lawyers are also highly experienced in assisting start-up companies, as well established businesses, with matters such as website terms and conditions, handling of data, privacy and cookie policies, non-disclosure agreements, licensing in and out of intellectual property rights and general e-commerce advice.

Our work includes:

  • Digital content;
  • IT contracts;
  • IP;
  • Data privacy;
  • Trade secrets;
  • Website terms and conditions;
  • Privacy and cookie policies;
  • IP licensing;
  • Non-disclosure agreements (NDAs); and
  • E-commerce.

Sponsorship and Advertising

Our lawyers have extensive experience dealing with advertising issues for clients, whether that be compliance with advertising regulation and codes of practice, clearance of intellectual property rights, use of social media to advertise or dealing with Advertising Standards Authority complaints. We have also advised clients on sponsorship and licensing issues and, naturally, these are matters which occupied Natalie Wignall in her previous role at Liverpool FC.

Our work includes:

  • ASA complaints;
  • Sponsorship agreements;
  • Pre-publication advice (broadcast and print);
  • Rights clearance; and
  • Data privacy.

“[Himsworth Scott has] become an invaluable part of the business. The flexibility of a monthly retainer has meant we have been able to fully integrate them into our business and it is so reassuring to know we are able to turn to them for all our legal requirements.”

Chris Thomas Managing Director

Business & Dispute resolution case study

Case Study - International debt collection

The challenge: Tracking down a defaulting debtor who had gone missing

What we did: We acted for South African businessmen and businesses in a dispute with a Dubai-based business run by a UK based businessman. Our debtor had run up significant debts and appeared to believe that he could not be found or the debts owed enforced against him. Using multi-jurisdictional support and tools, we were able to obtain the necessary orders and put the enforcement processes into effect whilst tracking down the individual who was running away from his debts and responsibilities.

The result: The debtor was found driving around the streets of Dubai in a Lamborghini. We tracked down his residence, his place of business and his assets and the debt was enforced against him in his local courts.

Case Study - Reducing reputational impact from a former executive

The challenge:  a large PLC was facing a set of harmful allegations against a former executive with a short deadline given by the media

What we did: the client wished to avoid drawing attention to itself in the issue, so we engaged third party counsel for the executive and armed them with arguments based on privacy and defamation law to deter the story.

The result: Managing the process of engagements between the law firm and media over the day, we were able to prevent the story appearing without our client breaking cover.

Location: London

Case Study - Respecting the confidentiality of an employment tribunal

The challenge: A large corporate client wanted to stop public online discussions amongst its employees regarding an ongoing employment tribunal case.

What we did: An in-depth report was conducted to establish what information had been published and where as well as uncovering the identities of the employees. Once in possession of this information, the client was able to take measured internal steps to prevent further disclosure in addition to ensuring the removal of the confidential information.

The result: The confidential information was contained. The disclosure made it apparent that we needed to conduct immediate employee training and update the internal company guidelines on how to act online in order to prevent future unintentional reputational threats from within the company itself.

Location: London