Technology

Our Technology Group is market leading in advising on all aspects of technology matters for suppliers, users and creators.  We advise on supply of goods/services, licensing, outsourcing, e-commerce, data protection and intellectual property, as well as the broader range of corporate and commercial transactions typical in a full service law firm. Our client base includes both Irish start-up companies and established international brands.

We provide advice and practical guidance in relation to establishing and operating on-line businesses. Our experience includes distance selling, e-money, terms of business, domain name issues and dispute resolution.

We can help you with the complexities of data protection, obtaining appropriate consents, direct marketing, and assist with issues surrounding data transfers abroad.

We regularly advise clients on large scale projects including outsourcing and system supply, as well as general commercial activities such as the procurement of IT systems, software licensing, applications development, systems integration, support services, export control and cloud computing services.

Our team works closely with colleagues in other practice groups in the Firm to provide clients with a full legal service on corporate matters such as take-overs, mergers, trade sales, take privates, venture capital investments and IPOs; as well as agency and re-seller agreements, non-disclosure agreements, employment and tax.  

On contentious matters, we work with our clients on negotiation and litigation strategies as and when disputes arise.

Our experience includes advising/acting for:

  • BSA | The Software Alliance, the leading advocate for the global software industry whose members include Microsoft, Apple, Oracle, Salesforce, SAS, Intel  and Siemens, in its role as an amicus curiae in the ongoing "Schrems II" litigation relating to the legality of the EU standard contractual clauses. This case is one of the most significant data protection actions of all time and has the potential to fundamentally alter the manner in which businesses can transfer data internationally. 
     
  • Microsoft in relation to US proceedings regarding data stored in Ireland (one of the most high profile technology related litigation matters globally) as well as strategic advice on the impact of Irish and European communications laws, data protection, privacy and security related matters.
  • 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
  • Premier Lotteries Ireland on the purchase of the National Lottery licence for €405 million including extensive negotiation on software and framework agreements in relation to the operation of the lottery system infrastructure and online operations.
  • MongoDB on the ground-breaking MongoDB database software, commercial contracts, IP protection, open source and other licensing terms and customer negotiations.
  • King Digital Entertainment plc on the company’s complex reorganisation and reconciliation to Ireland and Irish law issues in connection with its US$7.2bn admission to trading on the New York Stock Exchange in March 2014, which was Ireland’s biggest ever tech IPO. 
  • The Now Factory on its sale to IBM. This transaction represented one of the largest technology sales in Ireland in 2013.
  • A number of leading players in the automotive, IT and insurance industries regarding novel and innovative technology solutions for cars such as telematics systems and self-drive cars. 
  • 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.
  • Prepay Power, the fastest growing Irish electricity provider, in respect of the implementation of a key new IT platform which will serve as the engine of its e-commerce offerings to consumers.
  • The Irish Times, one of Ireland’s leading newspapers, in respect of a number of projects designed to enhance the digital presence of the brand. The growth of digital consumption of news is the most significant issue in the print media industry and William Fry is at the forefront of advising in respect of the innovative technology solutions adopted by the Irish Times.
  • Ergo, Microsoft Enterprise Cloud Partner of the year award 2014, on its partner agreement in connection with the engagement of third parties to resell and build upon the Ergo FlowForma product.  

COVID-19 and Returning to the Workplace - Key Issues for Employers

We consider the key health and safety, employment and data protection law issues that arise as employers start to prepare for the potential return to the workplace of their employees over the coming weeks and months.


International Data Transfers: CJEU Decision Expected in July

The Court of Justice of the European Union (CJEU) is expected to publish its long-awaited decision on the validity of the widely-used Standard Contractual Clauses (SCCs), (which in turn affects Privacy Shield) for international data transfers on 16th July 2020, seven months after the Advocate-General's Opinion indicated that SCCs remain valid.


COVID-19 & E-Commerce: Top 10 Legal Issues for Online Retailers

In this article, William Fry specialists identify ten important legal issues that apply to online retailers and offer some practical guidance on how to ensure online businesses comply with applicable consumer, data protection and distance selling regulations.


COVID-19 and an Overview of Contact Tracing Apps Across Europe

Contact tracing apps appear to be one of the various technological companions for progressive deconfinement for countries and organisations. However, approaches to such apps diverge, we discuss the various approaches in this article.


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Department

  • Clients exalt the team's combination of market insight and legal acumen: "they don't just give a quote of the law, but a commercial view and an explanation in the context of the market". Another interviewee says: "they inspired confidence immediately with their insight and advice on all matters and came with a deep knowledge of the market". ​Chambers Europe 2019
  • Clients note that the firm has a "young and innovative team" who are "always great to work with." Sources also appreciate that "they are up to date on new data protection regulations." Chambers Europe 2018
  • Clients praise the client-oriented nature of the advice "They offer a cogent, practical explanation of the law." Other interviewees value "the quality of the staff and the ability to recommend legal experts in other jurisdictions." Chambers EMEA 2017
  • David Cullen heads the "vibrant" practice at William Fry. Legal 500 EMEA, 2017
  • "This firm's passion and interest in the technology sector is outstanding - we have been tremendously impressed." Chambers Europe, 2016 
  • "The team has a wide range of experience that it brings to bear on specific issues, and provides timely and concise advice." Chambers Europe, 2016 
  • David Cullen’s team is noted for its ‘in-depth industry knowledge’. Legal 500 EMEA, 2016 

Team

David Cullen

  • According to Chambers Europe 2020, David has been described by clients as "pragmatic and has a strong technology interest, which aids immensely in his understanding and his advice." 
  • One interviewee attests that he is "always available, responsive, timely and very well-versed." Chambers Europe 2019 
  • David Cullen is revered for his commercial prowess in intellectual property mandates. Chambers Europe 2018 
  • Practice head David Cullen "distils salient facts from complicated business scenarios"Legal 500 EMEA 2018 
  • David Cullen impresses clients with his commercial IP practice, one of whom praises his "absolute excellence in IP law, coupled with his strong technology and business acumen." Chambers Europe 2017
  • Esteemed practitioner David Cullen "has really incredible experience in the area of technology and IP, and is cool, calm and pragmatic," say sources. Chambers Europe 2016

Leo Moore

  • "Leo is very personable and as a lawyer, he is very responsive, cost efficient and always finds practical and commercially oriented solutions to solve the client’s issues." Legal 500 2020
  • According to sources, Leo "is very responsive and always finds practical, commercially oriented solutions." Chambers Europe 2020
  • Leo Moore is a towering figure in the market, widely respected for his advice on transactional matters, as well as outsourcing, data protection and the commercialisation of new technologies. Enthusiastic sources describe him as "super personable, kind, friendly, easy to talk to and proactive about keeping in contact." Others say Leo is "very approachable and provides the required advice in a form which is easily understandable for all around the table. He is very commercial in his delivery and solution-oriented." Chambers Europe 2019
  • Sources describe Leo Moore as an “extremely smart lawyer” and appreciate that he is “responsive, easy to talk to and always clear about the next step.” He is praised for his handling of multi-jurisdictional patent licensing mandates and strategic IP advice. Chambers Europe 2018
  • Leo is "practical and diligent"Legal 500 EMEA 2018
  • "Leo is a "top-notch lawyer" who is noted for his expertise in the technology sector and is often called upon to manage large IP portfolios for prominent companies"according to Who's Who Legal: Trademarks 2018  
  • One client says he is "easy to work with, very good at breaking down complex issues and provides clear advice." Chambers Europe 2017
  • According to sources, Leo Moore is "very good at grasping technical issues, and explaining them in a non-technical manner," with one adding: "One of the best things is that he figures out how to make things happen, never coming back with reasons not to do things." Chambers Europe 2016

John O'Connor

  •  John  is a respected practitioner, advising on large-scale technology and outsourcing mandates, as well as assisting with cybersecurity, data protection and privacy issues. Clients appreciate "his breadth of knowledge and his definitiveness." Chambers Europe 2019
  • Sources praise John O'Connor's technical proficiency, observing that he is "very good to deal with." His expertise lies in technology and outsourcing transactions, encompassing systems integration, implementation arrangements and licensing matters. Chambers Europe 2018
  • John O’Connor is "practical and diligent". Legal 500 EMEA 2018
  • John O'Connor has significant experience of advising technology, life sciences and financial services organisations on an array of technology-related matters. Clients say that he is "incredible to work with." Chambers Europe, 2017

Key Contacts

David Cullen Partner

Leo Moore Partner

John O'Connor Partner

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