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Our expert Information Technology (IT) team advises clients on
commercial, legal and regulatory issues occurring in the information
technology, telecommunications, media and e-commerce industries. We
ensure our clients are kept up to date with industry trends that can
have an impact on very large expenditure by companies and governments.
We understand that IT is inherently technical and business issues such as outsourcing, software copyright and licensing and privacy are often complex. Our approach is to develop a close mutually-beneficial relationship with our clients. This allows us to have a deeper and clearer understanding of the strategic, business and technical issues our clients face as they arise. As a result, our clients benefit from speedier and more cost-effective service.
Our clients include IT vendors and purchasers of IT across a broad range of industries, e-commerce companies, government departments and agencies and technology users of all types and sizes. Our transaction experience ranges from relatively simple business software licensing and services to large and complex system implementation and integration involving multiple parties.
This experience means that, in addition to our understanding of industry and technical issues, we are familiar with the contractual terms required to maximise certainty for all parties helping to avoid subsequent disputes. We also understand that good lawyers focus on the optimal commercial outcome the client is seeking from the transaction and work with our clients to facilitate rather than frustrate transactions. We view each matter from the business perspective as well as the legal and regulatory framework surrounding the transaction and we deliver solutions which are pro-active and innovative.
We also provide strategic advice to clients regarding IT and project related disputes, having acted in a number of contentious actions which have been litigated in Australia. Our approach to dispute resolution is based on effective, innovative strategy and case management coupled with a strong work ethic and exceptional client service. As a result, we have often been able to resolve large and complex disputes to our clients’ satisfaction without the added time and expense of a court trial.
Holding Redlich provides a complete service in IT-related matters including:
- protection and exploitation of intellectual property
- contracts for software development, licensing and support services
- hardware acquisition and enterprise-wide hardware rollout projects
- outsourcing and other large scale system implementation and integration
- contractor and consulting arrangements
- acquisition and disposal of companies and businesses
- advice on IT-related issues arising from acquisition transactions
- transitional services arrangements
- e-commerce related transactions including privacy advice
- client precedent library development and management
- contract management documentation and training
- regulatory compliance
Transaction experience
- acting for a US technology company providing a portal service for the education and health care sectors, in relation to a subscription agreement for use of software which provides automated staff vacancy management services to users and a technical services agreement relating to the provision of ongoing services associated with the technology
- acting for an Australian technology company in relation to the development and negotiation of contracts for a leading online portal business used in the construction industry for project collaboration, document management and procurement solutions
- acting in relation to the acquisition of the business and assets of a specialist information technology security consulting business, including work relating to the assignment of a related trade mark and suite of domain names, advice regarding trade mark oppositions, and implementing business name registrations
- acting in relation to reviewing a contract with website developer, preparing terms and conditions for an online clothing store
- preparing terms and conditions and privacy statements for websites
- acting in relation to contract negotiations in various parts of the world for the acquisition of software and customisation to support the treasury management function of a large organisation
- assisting corporate clients procuring information technology systems in respect of intellectual property ownership and licensing (including service level arrangements and escrow arrangements)
IT Dispute Resolution
- acting for a New South Wales power utility in Supreme Court proceedings regarding the implementation and customisation of a large customer billing computer system. The proceedings involved the utility’s IT outsourcer, the American software manufacturer, and the Australian software distributor and was resolved ahead of trial through mediation
- acting for a supplier of IT services, in relation to the implementation of SAP systems
- acting for the consulting arm of a first tier accounting firm in relation to the implementation of an IT system in Victoria for RACV
- acting for a hardware supplier, in relation to the implementation of a billing system for a Victorian utility
- advising a software supplier in relation to the implementation and development of a website for a third party
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