Navigating legal issues in contracting for AI solutions

By: Nick Martin At a glance AI solutions differ significantly from traditional technology products, requiring businesses to take a different approach in addressing the usual issues in technology contracts, such as data security,  IP ownership,  liability and service levels. Conducting thorough due diligence and implementing robust testing or trial periods are crucial for customers to […]

CrowdStrike and contractual limitation clauses

By: Stephen Morrissey, Nick Martin and Christy Mellifont At a glance After a software update by cybersecurity firm CrowdStrike caused a global outage, legal experts in the US have speculated the company is protected from paying customers’ losses due to a contractual limitation of liability clause in its standard terms and conditions. In this article, […]

New guidance on application of financial services law to cryptocurrency products

By: Stephen Morrissey, Ryan Loney and Jorge Nicholas At a glance In Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2024] FCA 64 (Block Earner), the Federal Court of Australia handed down one of the first decisions applying existing financial services law to cryptocurrency-based products. The Federal Court held in Block Earner that […]

Get to know Stephen Morrissey, new partner and technology liability specialist

Tell us about your journey to becoming a partner at W+K I joined W+K in 2018, having worked in insurance since 2009. Since joining W+K, I have been fortunate enough to work with a number of market-leading lawyers who have assisted me to develop my skills and provided an environment where my career progression has […]

The IT professionals claims landscape in 2023

Claims against IT professionals following cyber events continue to be on the rise. Businesses including managed services providers (MSPs) and cloud services providers (CSPs) that are responsible for hosting data on behalf of their clients continue to be common targets for cyber criminals. While MSPs and CSPs are not always the direct victims of a […]

Recent NSWCA decision highlights cost of IT liability risk

Renown Corporation Pty Ltd v SEMF Pty Ltd [2022] NSWCA 233 A recent NSW Court of Appeal (NSWCA) decision, Renown, highlights the potential for IT providers that breach supply and installation contracts – and their insurers – to end up paying out higher damages awards. Notably, the NSWCA found that the proper measure of damages […]

Cyber, Tech and Data Risk Report – Issue 4, December 2022

We are delighted to publish Issue 4 of our Cyber, Tech and Data Risk Report, which is our final wrap-up of relevant news for insurers, brokers and their customers doing business in Australia and New Zealand in the cyber, tech and data fields for the year. In this month’s report, we look at a range […]

Cyber, Tech and Data Risk Report – Issue 3, September 2022

In this month’s issue of Wotton Kearney’s Cyber, Tech and Data Risk Report, we provide a wrap-up of cyber, tech and data risk news for insurers, brokers and their customers doing business in Australia and New Zealand. We also share some relevant articles from our Legalign Global partners around the world. In this issue, we […]

Ten ways IT professionals can avoid the blame game after a cyber breach

Australia is suffering from a ransomware epidemic and IT providers are increasingly being affected by both platform/supply chain and direct attacks. IT providers (in particular managed services providers) are an attractive target for direct attacks, given the potential knock-on impact to their clients and a likely increased motivation to pay the ransom. These attacks are […]

Cyber, Tech and Data Risk Report – Issue 2, August 2022

We are delighted to publish the second issue of Wotton Kearney’s Cyber, Tech and Data Risk Report – our regular wrap-up of relevant news for insurers, brokers and their customers doing business in Australia and New Zealand in the cyber, tech and data fields. In this issue, we look at cyber issues, including the treatment […]