IT Software Development & Technology Licensing Disputes

Waterfront built its reputation over 25 years as an IP and IT specialist boutique. As a consequence, it has experience in a range of related IT and technology disputes. Such as:

• Software Disputes and System Development Disputes – Waterfront has extensive expertise in acting for software developers and those parties commissioning such software development. Given that software development projects are, by their nature, often constantly changing and complex, it is inevitable that disagreements and software development disputes will sometimes emerge in the course of any given software development process. These software disputes can be factually complex and involve a substantial amount disclosure of documents.  There might also be the need for expert witnesses to testify how the systems work in order to assist the court.  All of these issues can involve a substantial amount of work, which if not carefully managed can result in costs getting out of hand. Waterfront’s dispute resolution lawyers adopt a pragmatic approach to resolving these software disputes, mindful of the fact that litigating software developments disputes can be very challenging, time consuming and expensive.  We adopt a commercially focused approach, recognising that most businesses would prefer to focus on further developing their software rather than fighting software development disputes.
• Software Licensing Disputes – these types of disputes can arise in a number of ways. Sometimes such disputes relate to non-payment of licence fees.  On other occasions, there can be a dispute about the scope and/or duration of the licence.  Waterfront’s  experienced lawyers are able to spot the issues early, which can often result in an early resolution of the issue.  Alternatively, our software licensing disputes lawyers know how to use the court litigation process (or if relevant arbitration processes) to achieve our clients’ commercial goals.
• Breach of Confidence Disputes – alongside our market-leading expertise in IP disputes, we regularly deal with disputes which seek to protect confidential information and trade secrets. Often these disputes also involve overlapping intellectual property rights, particularly copyright in addition to breach of confidence (e.g. in computer software disputes). There might also be employment law issues, which result from employees or consultants departing a company and being alleged to have misappropriated the confidential information or trade secrets of their employer in the course of setting up a competitive undertaking.  This may involve considering whether restrictive covenants have been breached and whether such covenants are enforceable.  We have experience of acting in High Court disputes for both the employer and the employee side.  Sometimes these employer vs departing employee disputes can involve urgent applications to court to obtain or preserve evidence and/or an application for an urgent interim injunction to restrain a departing party from continuing to misuse confidential data.  On other occasions, a dispute may be a pure breach of confidence action.  Such causes of action are complex to litigate and there are various pitfalls for litigants who are not represented by experts in this subject area.
• Commercial Data Disputes – given that valuable sets of data are the lifeblood of many companies, disputes about such databases often arise. We specialise in assisting clients with a range of such disputes, including disputes concerning data loss and contractual disputes concerning the ownership and licensing of data. These types of disputes may also have inherent cross over with intellectual property laws, which may also be used to assist claims for ownership and/or misuse of data.
• Emerging Technology Disputes such as AI, blockchain, web 3.0 and NFTs – Waterfront has experience of disputes concerning various emerging technologies in the IT sector. Often these disputes involve overlap with our expertise in intellectual property or domain names.  Either way, Waterfront provides a level of specialist expertise which is affordable for a range of enterprises, from the start-up, SME size and upwards.
• Technically Complex Hardware and Equipment disputes – Waterfront has acted for clients in a number of disputes involving the alleged provision of defective technically complex hardware and equipment. Lawyers acting in such disputes need to be familiar with not only the relevant legal and contractual principles, but also need to have experience of understanding and dealing with the technical complexities that these cases involve.