Media & Technology

Rapid growth and constant innovation in the way businesses and individuals use, store, trade and consume information and content are continually raising new business and legal issues.

In the fast-changing media and technology sector, where many traditional approaches are under challenge, we believe that a combination of experience in contract preparation, negotiation and dispute resolution and a detailed understanding of IP, regulatory and licensing issues are critical. Businesses require professional advisers who understand the myriad issues affecting the industry.

Our corporate lawyers have supported numerous transactions for media clients, including mergers, acquisitions and joint ventures.

We advise on a broad range of media and technology-related disputes, drawing on our in-depth understanding of how our clients’ businesses operate within the industry, to deliver practical solutions. Our litigation lawyers have been involved in some of the most significant defamation cases in the UK and can advise on defamation-related disputes across the sector.

Beyond our extensive corporate and litigation experience, much of our work in this area relates to online content delivery. We advise on all aspects of online presence, including content production and acquisition, website and sales terms, privacy policies and data protection and liability issues. We are also well placed to advise on the opportunities and issues surrounding revenue generation from online content.

Our clients in this area include advertising agencies, interactive entertainment distributors, newspaper, music, consumer and academic book and magazine publishers, computer hardware, computer software, gaming, internet and e-commerce companies.

Eddie Powell

Eddie Powell

If you have any questions or queries please call Eddie on +44 (0)20 3036 7362 or email epowell@fladgate.com

Highlights for Fladgate LLP … included advising Cambridge University Press on its acquisition of a list of language textbooks from Advance Materials and assisting One Delta with its acquisition of Audioboom.

Legal 500

Industries

Media & Technology team

 

Singapore’s new AI Governance Framework

Tim Wright

When appealing bears fruit: Pear Technologies v EUIPO – Apple

European Banking Authority publishes revised outsourcing guidelines

Tim Wright

Data Protection – A year’s worth of challenges and threats

Leigh Callaway, Gerald Brent

Cyber security: new FCA report on industry insights

Tim Wright

Online platforms: new EU rules to increase transparency and fairness

Algorithms in the justice system – the European Ethical Charter

Insta-infringement

Fladgate acts for Dev Clever Holdings plc on its fundraise and admission to the Main Market

Fladgate’s Corporate team is further strengthened with the appointment of outsourcing and technology partner Tim Wright

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Fladgate acts for Dev Clever Holdings plc on its fundraise and admission to the Main Market

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Leading UK law firm Fladgate has acted for Dev Clever Holdings plc on its listing on the Standard segment of the Official List and its admission to trading on the Main Market of the London Stock Exchange. The Company raised approximately £1m by way of equity placing and subscription and converted approximately £200,000 of debt […]

Fladgate’s Corporate team is further strengthened with the appointment of outsourcing and technology partner Tim Wright

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Fladgate is delighted to announce the appointment of Corporate partner Tim Wright. Tim joins having previously led the global sourcing practice group at Pillsbury Winthrop Shaw Pittman LLP in London. He specialises in complex, often cross-border, commercial, technology and outsourcing transactions, with a particular focus on the financial services, healthcare and technology sectors. He is […]

Just Don’t Do It: Nike’s LDNR campaign halted by UK IP court

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Fladgate IP associate Ben Milloy was recently invited by the European Intellectual Property Review to discuss the decision in Frank Industries Pty Ltd v Nike Retail BV, stopping Nike’s LDNR ad campaign. Please click the link below to read the full article. Just Don’t Do It – Nike’s LDNR campaign halted by UK IP court […]

Amazon Marketplace in the EU Competition spotlight

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The European Commission has launched an initial probe into Amazon over how it uses third party sellers’ data. In the past weeks this has been closely followed by an antitrust probe from the German Federal Cartel Office. One of the reasons Amazon is unique as a retailer is that it operates as both a merchant, […]

High Court blocks £1-3bn data protection claims against Google

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In a recent decision relating to the violation of consumer data privacy, the Court has set out helpful guidance regarding claims brought under the Data Protection Act 1998, as well as in respect of the conditions which must be satisfied for a representative action for breach of data privacy to be brought (Lloyd v. Google […]

Data Leaks and Employer Liability

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In a group action claim for data theft, the Court of Appeal has upheld an earlier decision that the Morrisons supermarket (Morrisons) was vicariously liable for the criminal actions of a rogue employee who publically released personal data about Morrisons’ staff, irrespective of the fact that Morrisons had taken what the court considered to have […]

Tenants’ top tips on telecommunications

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Gone are the days of communicating via smoke signals and carrier pigeons.  Billions of emails are sent every day. Telecommunications is therefore of vital importance to most, if not all, 21st century businesses. Many tenants’ focus is therefore on their ability to extend the telecommunications services at their premises. Broadly speaking, tenants are in a […]

Fladgate continues with strong showing in Chambers UK 2019

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Fladgate LLP has continued to be highly rated by Chambers Guide to the UK Legal Profession 2019, with a number of the firm’s partners ranked as leading individuals. Ranked Departments Commercial and Corporate Litigation Fladgate is a recommended firm. * Construction: Purchaser What the team is known for Well-regarded practice with a purchaser-side focus. Advises […]

“No-deal Brexit: civil and commercial cooperation” guidance published by the Law Society

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Last month the Law Society published guidance (found here) for solicitors, concerning civil and commercial cooperation between the UK and EU member states in the event of a “no deal” Brexit. In short, in the event that the UK exits the EU’s institutional structures immediately/without a transition period, cooperation between the legal regimes of the […]

New ASA guidelines for Social Media Influencers – will a “#ad” continue to do the trick?

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Avid social media users will be well-acquainted by now with the concept of influencer marketing, which has evolved alongside the rise of mobile technology and social media and into an increasingly popular advertising tool. Influencer marketing involves the engagement by brands of individuals (usually celebrities or industry experts) with large followings on social media such […]

Fladgate LLP achieves across the board rankings in Legal 500 for 2018

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Fladgate LLP is delighted to have achieved strong rankings in the recently launched 2019 edition of the Legal 500 Guide to the UK Legal Profession. The firm achieved 25 rankings, with 61 lawyers attaining 98 individual recommendations. Corporate and commercial Commercial contracts Fladgate LLP’s ‘first-class team’ provides the full spectrum of commercial contracts advice to broadcasters, hotel owners […]

Fintech quarterly round-up: July – September 2018

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This quarterly round-up looks into some of the main regulatory developments and trends in fintech regulation during the third quarter of 2018. The previous briefings for 2018 can be found here and here. Regulation, regulation, regulation The much anticipated Treasury Committee report on crypto-assets in the UK was published in September.  The main takeaway is that […]

Fladgate LLP handles soft IP litigation across the media and sports sectors, with particular expertise in publishing and e-publishing. The team also advises on data protection and security, e-commerce, digital media and social media. It acted for Monster Energy on a number of marketing and advertising campaigns. Digital Cinema Media, Odeon Cinemas and Parkway Cinemas are also clients. IP, technology and commercial specialist Eddie Powell heads the team. James Earl, who joined from Pinsent Masons LLP in 2016, leads the sports group; corporate lawyer David Robinson handles capital markets and M&A in the technology and publishing sectors. Commercial lawyer Alan Wetterhahn is also noted.

Legal 500

Fladgate LLP enhanced its commercial contracts offering with the recruitment of James Earl, an expert in the UK and international sports and entertainment sector, from Pinsent Masons LLP. In 2016, Earl advised Monster Energy on various marketing and advertising campaigns, including a marketing promotion in association with the Call of Duty computer game.

Legal 500

The team is led by Eddie Powell, who recently assisted Glorious Brands with negotiating an exclusive distribution agreement for Triology’s premium skincare products in the UK. In a separate matter, Powell acted for Parabel in the negotiation of a five-year distribution contract with Barentz. Alan Wetterhahn and consultant Andrew Kaufman are other recommended individuals.

Legal 500

Highlights for Fladgate LLP corporate lawyer David Robinson included advising Cambridge University Press on its acquisition of a list of language textbooks from Advance Materials and assisting One Delta with its acquisition of Audioboom. IP lawyer Eddie Powell successfully defended The United Kingdom Ukulele Orchestra in a trade mark and passing-off dispute with the Ukulele Orchestra of Great Britain.

Legal 500

Fladgate LLP’s Eddie Powell led the advice to MLCG on the negotiation of a multi-year exclusive supply agreement with NISA as part of its acquisition of 140 convenience stores from Morrisons. In another highlight, Alan Wetterhahn assisted BGO with an online and TV advertising campaign. Other clients include Digital Cinema Media and Krannich Solar.

Legal 500

The “highly competent” publishing team at Fladgate LLP “understands the industry and provides practical advice”. David Robinson advises Random House. IP specialist Eddie Powell represents the Publishers Association. Litigator Simon Ekins is recommended.

Legal 500

BSkyB, Odeon Cinemas and Cambridge University Press feature in Fladgate LLP’s client roster.  Grant Gordon, David Robinson and Eddie Powell are recommended.

Legal 500

At Fladgate LLP, David Robinson advised Random House on e-book and digital rights issues. Eddie Powell advised The Book Service and the Publishers Association on issues arising from the administration of Woolworths. Litigator Simon Ekins is recommended.

Legal 500

Fladgate LLP advised Random House on its acquisition of Virgin Books and a majority stake in BBC Books. Key clients include Taylor & Francis and Seven Publishing. David Robinson and Eddie Powell are commended for their “proactive, reliable support”, and Simon Ekins for his “in-depth publishing expertise”.

Legal 500

  • Cambridge University Press – acquisition of a compact, high-quality list of language textbooks and supporting materials from small independent publisher Advance Materials Limited.
  • Lalit Modi (founder of the IPL) – acting in the libel claim against Lalit Modi in respect of comments made on the social networking site Twitter and in a libel action against the Chairman of England & Wales Cricket Board.
  • Devilfish – commercial agreements for the provision of strategic, creative and production services to film and online channels including Disney’s Club Penguin, Canal +, A&E Television Networks, The History Channel (UK), Sundance Channel LLC and NGC-UK Partnership.
  • Gfinity Plc – admission to trading on AIM and placing. Gfinity is a leading UK-based electronic sports (eSports) company which organises and hosts live tournaments at which top international players and teams compete in best-selling games such as FIFA and Call of Duty: Advanced Warfare.
  • Publishers’ Association – book distribution issues affecting the industry, particularly US imports and books sold through wholesale aggregator websites and advising members in relation to the “agency” model for e-book sales.
  • Clear Vision Limited – negotiations with various commercial partners relating to the manufacture, distribution, marketing and sale of various titles including Power Rangers, My Little Pony and Marvel.
  • Defamation matters – examples include having acted for Hammer Distribution to obtain the first injunction obtained in relation to a libel published over the Internet.
  • BGO Entertainment – drafting and negotiating the endorsement arrangements for Verne Troyer, Dan Bilzerian and Paris Hilton.
  • Cultuzz Digital Media GmbH – acquisition of Recommended Hotels, an outsourced sales and marketing solutions company specialising in generating bookings for independently owned hotels, apartments and venues through online travel agents.
  • One Delta Plc (now Audioboom Group Plc) – acquisition of Audioboom Limited, a digital social media audio platform, ‘the audio equivalent of YouTube’.
  • Contentious publishing matters – examples include having advised a book publisher in connection with a claim brought by an author alleging failure to maximise income from the publication of a book, defended a claim on behalf of an academic journal brought by a publisher following termination of contractual relations, pursued and defended claims for copyright infringement by and against publishers of books and magazines and defended claims for breach of confidence brought against a publishing company.

Integrated

Our clients come to us to solve problems that are often complex and multifaceted. We draw together the multiple strands of a business or personal challenge into a coherent, integrated legal response that combines the knowledge and experience of experts in all the relevant fields.

Partner-led

We operate in small teams in which partners not only take the lead but also do a significant amount of the detailed work. Clients can be assured that the partners they engage and brief will remain closely involved in developing and delivering the advice as part of our close-knit, expert teams.

Experienced

Fladgate has a long heritage of delivering high-quality legal advice. We have been providing practical legal solutions to businesses and private clients for over 250 years. Today we are one of the UK’s top 100 law firms, with over 80 partners and a reputation for providing solutions that work.