Nearly all businesses and government entities are dependent on technology, often relying on purpose-built solutions tailored to their unique needs. While technology offers opportunities for both technology vendors and customers, it also comes with unique risks and potential for complex disputes.
Wotton Kearney’s Technology team assists technology vendors and customers to respond to these challenges by providing end-to-end support from contract drafting and negotiations to assisting in relation to disputes.
Our Technology law experts act for technology vendors and customers across both the private and public sector, on all aspects of technology law and related areas, including ICT contracting, commercial contracts, outsourcing, and intellectual property.
Our Technology liability experts act in a wide range of technology disputes, including in relation to software developments, ERP and CRM implementations, website and application developments, payment processing platforms and cyber incidents.
Technology Law
We offer pragmatic and innovative solutions in relation to all aspects of Technology law, including major technology projects and the provision of risk management advice. We offer advice and support across the following areas:
ICT Contracting
Wotton Kearney provide comprehensive legal support for customers acquiring and implementing complex technology solutions, as well as technology providers selling them, helping them achieve efficient and effective procurement outcomes.
We support our clients across every stage of the process, including drafting and negotiating the contract documents, and providing risk mitigation, delivering successful outcomes for public and private sector clients.
Our expertise includes all types of cloud and as-a-Service technology, software licences and development agreements, systems integration, Master Services Agreements, AI procurement and all types of related documents such as SLAs and DPAs.
Commercial Contracts
We specialise in drafting, reviewing, and negotiating commercial contracts, ensuring clarity, compliance and risk protection while supporting business growth. We work on high-value strategic matters across various industries, providing robust and pragmatic legal solutions to support business operations and growth.
Outsourcing
We assist clients in structuring and negotiating IT outsourcing and business process outsourcing (BPO) projects, ensuring compliance and optimal outcomes for both start-ups and established businesses. Our focus is on securing beneficial outcomes, consistently aligning the legal content with all schedules and ‘back-end’ content, and ensuring compliance with relevant regulations.
Intellectual Property (IP)
Wotton Kearney offer expert advice on managing, commercialising, and protecting IP, helping clients develop strategies and agreements to maximise asset value and manage risks. Our services include developing IP strategies, drafting and negotiating IP-related agreements, and advising on partnerships and product development.
Technology Liability
Wotton Kearney’s market-leading technology liability experts act in a wide range of complex technology disputes in federal and state jurisdictions, often involving highly technical issues and multi-million dollar quantum claims.
The team regularly act for software developers, ERP and CRM consultants, Salesforce implementation partners, website and app developers, payment processing platform providers and SaaS providers in relation to disputes arising from high-value projects, and managed services providers and cybersecurity consultants in relation to claims arising from cyber incidents.
While the team predominantly acts in a defence capacity, they are also regularly involved in the prosecution of recoveries on behalf of insurers following cyber events, including claims involving losses in excess of $100 million.
The team is known for its pragmatic and commercial approach to disputes and its ability to obtain favourable and cost-effective outcomes for its clients.
Project Claims
We handle claims involving delays or failures in delivering technology solutions in accordance with contractual obligations. The claims typically require an urgent assessment of alleged defects with a view to mitigating a larger delay claim. Issues often also arise with respect to the scope of rectification works (as well as who performs them), the transition of a project to a new provider and the handover of source code and other intellectual property.
Our experience includes defending developers, designers and implementation consultants of all sizes, from SMEs to multinational tech companies.
Cyber-Related Claims
We handle technology liability claims arising from cyber incidents, both where a cyber incident suffered by the client impacts third parties or where a client is said to be responsible for a third party’s cybersecurity.
Intellectual Property Claims
Intellectual property disputes often arise in the technology development context. We regularly advise clients on preliminary discovery applications, proceedings for injunctive relief and substantive disputes involving breach of copyright and breach of confidentiality.