Commercial Contracts

Our Commercial Group takes a keen interest in the day-to-day matters that affect the operation of your business and can help you with strategic and commercial decisions to make you more successful. We work with a wide variety of clients, from domestic and international corporations to entrepreneurs and family businesses.

We offer expertise in many areas including:

  • Agency and distribution
  • Buying and selling
  • Competitions and other promotions
  • Confidentiality agreements
  • Consumer matters
  • Franchise arrangements
  • Marketing and advertising
  • Outsourcing
  • Trading agreements

As a full service law firm, we can draw on the expertise of colleagues in other areas, such as our regulatory, employment, intellectual property, or tax departments. We also operate industry sector teams with specialist knowledge of financial services, retail, technology, communications, energy, construction, leisure & entertainment.

Most of all we are happy to be your sounding board for key business decisions. As a result of our extensive experience and industry knowledge, we are renowned for being proactive and so we will come to you with ideas that we think might help your business be more successful.

 

Recent significant experience includes advising: 

  • Bord Gáis Energy, an Irish utility supplier, on its sponsorship agreement with the GAA
  • Clarion Capital Partners, a New York based private equity firm, on its acquisition of Madison Logic, Inc, the global leader in account based marketing, on some intricate aspects of the transaction involving data protection and the use of data
  • Canada Life, one of Ireland's leading life, pension and investment providers, during its negotiations with MSG Life Central Europe GmbH in a €20m transaction
  • Digicel Limited, the renowned communications and entertainment company, on its agreement with ZTE Corporation, a telecommunications equipment provider, for the provision of telecommunication services within the Caribbean
  • DCC Healthcare Limited, a leading healthcare business, during its acquisition of Medisource Ireland Limited. Medisource Ireland Limited is a pharmaceutical procurement business. The William Fry Technology team advised on some complex aspects of the transaction involving intellectual property and licencing arrangements 
  • Starbucks on its franchising arrangements in relation to the Irish market as well as a variety of corporate and intellectual property matters.
  • Irish Times on the purchase and roll-out of its industry leading integrated content management system for all digital and print production as well as other commercial arrangements with its service providers.
  • Valeo Foods on various commercial and related matters including outsourcing and supply arrangements as well as its marketing activities and the management of its large and high profile brand portfolio.
  • DLRS, Ireland’s leading security print provider, in respect of the commercial arrangements relating to the development and roll-out of the Department of Social Protection’s Public Services Card and the newly designed Passports and Passport Cards. 
  • Horse Racing Ireland, the statutory body responsible for the overall administration of horse racing in Ireland, in relation to a number of large scale commercial arrangements with service providers.
  • Premier Lotteries Ireland on the contractual arrangements related to the operation of the new National Lottery licence, including the extensive negotiation and drafting of the services agreements with key suppliers, in particular in respect of the terminal and online operations.
  • Tesco Ireland in respect of a wide range of data protection, IT contracts, website matters, telecoms procurement matters and commercial contracts.
  • The Irish operator for Five Guys in respect of franchising arrangements and other commercial aspects of the roll-out of its first ever Irish restaurants. 
  • ResMed, the global manufacturer of products for the treatment of sleep disorders, on technology licensing arrangements in relation to its collaboration with Nintendo, the Japanese multinational consumer electronics company.

Faithless? Good Faith and Fair Dealing in Irish Contract Law

Court of Appeal refuses to imply term of good faith and fair dealing into shareholders' agreement, overturning High Court decision on the matter


Sale of Computer Equipped with Pre-installed Software not an Unfair Commercial Practice

The CJEU has found that selling a computer with pre-installed software is not an unfair commercial practice


An Evening with Johnny Sexton & Rhys Ruddock

Our Sports Group hosted a highly entertaining and insightful evening with rugby stars Johnny Sexton and Rhys Ruddock.


Is an Email with a Conflicting Attachment an Acceptance or a Counter-offer?

This question was recently considered by the English High Court, which confirmed that an attempted acceptance of a settlement offer was actually a counter offer.


Inaugural CCPC Annual Report

The Competition and Consumer Protection Commission has published its first annual report


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Department

"The legal advice is always given in a digestible, user-friendly format, and the team understands market practices well, not just in Ireland but internationally. It is sophisticated in what it does."
"The team is good at cutting through to the key issues and comprehensive in terms of identifying risks. The team is responsive, the level of care and attention is strong and the advice is clear to understand."

Chambers Europe, 2015 - Corporate & Commercial

 

William Fry’s team has ‘tremendous industry knowledge and experience’.
Legal 500 EMEA, 2015 - Corporate & Commercial

 

"We use William Fry because it has such a broad base. When you are doing a deal and it spans a number of sectors you get someone co-ordinating matters." "It is very much solution-oriented and presents us with a spectrum of outcomes which really helps with the decision-making process."
Chambers Europe, 2014 - Corporate & Commercial


William Fry is ‘a very professional firm with a great breadth of legal and business acumen’. 
Legal 500 EMEA, 2014 - Corporate & Commercial

 

Sources say: “If you are looking for exceptional work from smart, responsive people William Fry is the place to go.” “We get a Rolls-Royce service. The team can tackle any problem and I am treated like an individual not just a faceless client.”
Chambers Europe, 2013 - Corporate

 

William Fry will ‘stay at the table for as long as it takes to close the deal’ and its lawyers are ‘very strong negotiators’.
Legal 500 EMEA, 2013 - Corporate & Commercial

 

Sources say: 'William Fry is fabulous. It understands the issues clients face and ensures transactions progress smoothly.'
Chambers Europe, 2012 - Corporate/M&A

 

William Fry’s 'first-class' team is capable of 'devising and delivering a solution' that clients are happy with.
Legal 500 EMEA, 2012 - Corporate & Commercial

 

Team

David Cullen
David Cullen is 'first-class counsel'.
Legal 500 EMEA, 2015 - Intellectual Property

 

David Cullen is ‘strategic and pragmatic’.
Legal 500 EMEA, 2014 - Corporate & Commercial

 

"An absolute expert and key leader," David Cullen "understands not only where our business is, but what our plans are, how we want to grow and what the consequences are," enthuse clients.
Chambers Global, 2014 - Intellectual Property

David Cullen leads the non-contentious team, advising on the protection and development of IP portfolios. He is a firm favourite with clients and is described as “calm and considered, with a wealth of knowledge about the area.”
Chambers Global, 2013 - Intellectual Property

As well as winning plaudits for his technical ability, David Cullen is lauded as a 'superb negotiator. He can see around corners and anticipate the issues that will arise.'
Chambers Europe, 2012 - Intellectual Property

 

David Cullen is "one of the best in the business".
Legal 500 EMEA, 2012 - Intellectual Property

 

Myra Garrett
Highly skilled practitioner Myra Garrett is well regarded by peers and clients for her expertise in the corporate/M&A field, with particular strengths in the technology sector. 
Chambers Global 2015 - Corporate/M&A
 

Myra Garrett is ‘commercially savvy’.
Legal 500 EMEA, 2015 - Corporate & Commercial

 

Myra Garrett is known in the market as a "formidable operator" with particular expertise in the technology sector. Clients add that "she is very good at pulling together the broader resources. We are very impressed with her personality, capability and strength of knowledge." 
Chambers Global 2014 - Corporate & Commercial

Managing partner Myra Garrett is commended by clients as an “outstanding commercial adviser. She is excellent at applying the legal side to our business needs and getting us the result we need.”
Chambers Global 2013 - Corporate/M&A

 

Myra Garrett "has a commercial acumen and pragmatism that is unusual to find in a lawyer.”
Chambers Global 2012 - Corporate/M&A

 

Bryan Bourke
"Extremely shrewd and extremely trustworthy," Bryan Bourke always has his clients' interest in mind. Now managing partner, he remains an active member of the corporate team.
Chambers Global 2015 - Corporate/M&A

Practice head Bryan Bourke is ‘a brilliant lawyer who delivers in full and on time’.
Legal 500 EMEA, 2015 - Corporate & Commercial

 

Clients describe Bryan Bourke as "an excellent quarterback. He can translate stuff from the Irish context and knows all the details without losing the bigger picture. His team was extremely thorough."
Chambers Global 2014 - Corporate & Commercial

Bryan Bourke is ‘technically brilliant'.
Legal 500 EMEA, 2014

Bryan Bourke is "a great thinker with a fantastic ability to absorb information and use it practically."
Chambers Global 2013 - Corporate/M&A

 

Corporate head Bryan Bourke is a "very commonsense, switched-on lawyer".
Legal 500 EMEA, 2012 - Corporate & Commercial

 

Bryan Bourke heads the department and wins enthusiastic praise from clients, who say: “He is shrewd, strategic and understands our business. He always makes sure we avoid pitfalls and that all eventualities are covered.”
Chambers Global 2012 - Corporate/M&A

 

Stephen Keogh
Head of the London office Stephen Keogh has experience in dealing with cross-border mandates for multinational clients. He also has expertise in handling private equity transactions. 
Chambers Global 2015 - Corporate/M&A

Stephen Keogh is an ‘exceptional professional’.
Legal 500 EMEA, 2015 - Corporate & Commercial

 

Stephen Keogh heads the London office and has notable strength in technology. According to clients, he "always impresses everybody, is very pragmatic and cuts to the core of things with his commercial mind."
Chambers Global 2014 - Corporate & Commercial

Stephen Keogh is regarded as an accomplished transactional lawyer with notable expertise in private equity and venture capital work.
Chambers Global 2013 - Corporate/M&A

 

The "very thorough" Stephen Keogh is recommended.
Legal 500 EMEA, 2012 - Corporate & Commercial

 

Key Contacts

David Cullen Partner

Leo Moore Partner

John O'Connor Partner

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