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.

Arbitration Agreements – To Stay Or Not To Stay? Gotta Stay connected!

The Irish High Court reaffirms that an arbitration agreement can apply to a non-party where there is a sufficient connection. In the absence of that sufficient connection, there is no reason why factually related but substantially different claims cannot separately be arbitrated/adjudicated.


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.


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Department

  • "Clients appreciate that the lawyers ""made an effort to get to know us, were practical, commercial, strong in negotiations and could explain Irish law in a clear way to US buyers." It has always been a pleasure to work with them"", say clients. "The drafting is first class, they are good negotiators and their manner is conducive to getting the deal done." Chambers Global 2017
  • William Fry’s ‘proactive and resourceful team’ was busy across sectors such as private equity, technology, pharmaceuticals and healthcare. ‘Legal 500 EMEA 2017
  • "All the people there are exceptional - whoever you work with can take you through the whole process and you will be in excellent hands. There is remarkable strength in depth throughout the team." "Provides constructive and focused solutions. A strong firm that I'd happily work with again." Chambers Global 2016
  • Exceptional firm’ William Fry has industry expertise in technology, pharmaceuticals, healthcare, aviation and agriculture, among other areas. It advised IAG on the Aer Lingus takeover, led by Ken Casey, and also acts for private equity and venture capital firms such as Gordon Brothers. Legal 500 EMEA 2016 
  • "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 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."  Clients feel he is "deeply knowledgeable in the areas of privacy and technology." 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. "He has really incredible experience internationally and is cool and calm, with an extremely good understanding of the technology industry," say clients. Chambers Europe 2016
  • 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

Myra Garrett

  • Sources describe Myra as "hugely competent." She also has experience providing clients with corporate law advice. Chambers Europe 2017
  • Myra Garrett is a market-leading ECM lawyer, whose "experience is highly impressive. She has been through a large number of transactions, and has gathered experience on many fronts." Clients describe market leader Myra Garrett as "a very smart lawyer with good commercial focus." She has an extensive presence in the Irish transactional field, with outstanding activity on corporate mandates in the technology sector.  Chambers Europe 2016
  • 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

Bryan Bourke

  • Bryan Bourke is highlighted by clients for his "experience, gravitas and judgement." Chambers Europe 2017
  • Bryan provides clients with extensive experience of corporate issues, including a notable focus on large-scale M&A transactions. Clients admire his "ability to tackle complex issues, including extremely difficult negotiations with other parties. He is an extremely strong character with a huge reputation." Chambers Europe 2016
  • "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

Stephen Keogh

  • Clients say he is "top-class: a great guy who does a great job." Chambers Global 2017“
  • Stephen Keogh has been extremely helpful at all times - he responds quickly to queries and is generally available if needed”. IFLR 1000 2017
  • "He has the highest integrity, and is bright, commercial, solution-focused and always gets results." Chambers Europe 2016 
  • 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

Key Contacts

David Cullen Partner

Leo Moore Partner

John O'Connor Partner

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