Legal Services in Telecoms

Transcription

1 Legal Services in Telecoms Our capability

2 A fast-paced, international market Telecommunications have an enormous impact on society and we re passionate about contributing. We influence the development of the sector through our thought leadership and connections with the most important market players. We shape opinions and deliver insight, which is why our clients actively seek our support to help them shape the future of the industry. We understand that to our clients, telecoms isn t about law, it s about business. With the fast pace of the sector we are not only continuing to advise on the more traditional networks and platforms linked to voice and data, but also the innovative new telecom services stemming from the cable operators, OTT providers, and digital content providers who are entering the telecoms space from adjacent markets. The European Commission Connected Continent Package will encourage greater investment (from the US, Latin America, Asia and the Middle East) into Europe. As we are a specialist telecoms team, we have extensive experience of assisting organisations that operate in every corner of the sector. Fixed and Broadband/Wireline We have worked with and invested in our fixed and broadband network of clients for over three decades. We understand the issues facing this sector better than anyone. We understand what our clients mean when they talk of, cloud, big data, IPX, local loop unbundling, backhaul, bitstream access, DSL, NGN/ NGA, fibre in the ground, submarine cable. Our clients choose us because they want to work with lawyers who understand their business, the challenges they face and the regulatory environments in which they operate. They know that we do more than just interpret the law, we give our clients opinions which they can rely on to take their business forward. Mobile/Wireless We understand mobile technology platforms and the laws and regulatory foundations on which they are based. Our experience spans GSM, 3G and LTE technologies and we advise on Wifi, Wimax, OTT, M2M, mobile payments and other mobile services. Thanks to our diverse portfolio of clients we have been involved in some of the most ground-breaking work that has shaped the mobile sector. We advise on the full spectrum of work in the mobile sector, ranging from auctions, network sharing (active and passive), spectrum trading and competition, to MNO regulatory disputes, mobile termination rates regulation, roaming and interconnection, and MVNOs. Our MVNO experience includes MVNA/MVNEs and acting for both network operators and new entrants to the mobile market. Resellers and Service Providers As a reseller or service provider in the telecoms market we know that a USP and continuous improvement is a fundamental part of growth and success. We have advised resellers and service providers in the telecoms sector since telecoms deregulation. We help them to transform and embrace changes in technology and the telecoms market and leverage the regulatory environment to their benefit. Our reseller and service provider clients choose us because we translate our expertise into practical, commercial high quality advice that they can rely on. Our expertise spans all types of network and platform - fixed, mobile, satellite, terrestrial broadcasting, cable TV and internet. We re known for influencing key issues across the telecoms sector to help make it the competitive place it is today. Satellite We recognise that the satellite industry is a unique industry that plays a vital but understated role in communications today. We understand the dynamics of the satellite industry and the legal and regulatory intricacies involved in maintaining the balance between commercial service provider and good citizen across emergency services, national security and defence and the ITU regulatory framework. We have acted for the Satellite operators and regulatory bodies on domestic and international issues ranging from uplink and/or downlink agreements, transponder leases and commercial services agreements, and research and development projects. The team has a truly global reach, as is evident from its client list. Chambers and s UK, 2013

3 A full service telecoms offering Our multi-disciplinary telecoms lawyers, across Europe and Asia, have the specialist skills to cover all legal aspects of the telecoms sector and its convergence with adjacent technology and media sectors. By translating our expertise into practical, commercial and high quality advice we help our clients maintain their leadership roles in the marketplace. What we can do for you (just some examples) Running your business strategic supply arrangements with equipment, software, systems and network vendors; service input arrangements: interconnection tail circuits, IRUs, dark fibre, wavelengths, managed capacity, MVNO, roaming (national and international), M2M; Buying & selling businesses acquisitions and disposals of public and private companies; joint-ventures; assets sales and purchases, including of networks and customer bases. Acquiring & exploiting regulatory assets understanding licensing requirements and obtaining licences; and obtaining rights to exploit spectrum whether at auction, by trading or by liberalisation of existing holdings. network and/or business process outsourcing arrangements; network sharing and/or co-operation arrangements; and customer and distribution arrangements, both retails and wholesale. businesses Buying & selling regulatory assets Acquiring & exploiting Running your business Your objectives Resolving problems Regulatory complaints Resolving problems Funding growth renegotiating contracts to avoid formal dispute resolution; alternative dispute resolution; litigation and arbitration related to nonregulatory claims; regulatory litigation and appeals; and dealing with NPEs patent trolls. & compliance Funding growth advice on funding strategies from the largest listed companies to start-ups; equity finding (public and private) whether by rights issue, private placings, private equity investment or other; and debt funding including vanilla banking arrangements, structured finance and project finance. Regulatory complaints & compliance defending and bringing claims concerning availability and pricing of wholesale network access; defending and bringing claims concerning retail behaviour and linkages with wholesale markets; and undertaking compliance reviews and audits and assisting with investigations by regulators.

4 Corporate We specialise in acting on corporate transactions involving IP-rich and fast-growing companies. Our corporate practice covers the full range of telecommunication deals from cable TV to internet, from satellite to mobile. We know how to help clients extract the most value from their transactions and we can do that across borders and time zones. We act for major telecoms, technology and media companies, as well as smaller organisations and you will benefit from that broad range of TMT experience every time you instruct us. We re used to working alongside innovators and entrepreneurs on game-changing transactions and we re inspired by helping them create new value. We understand the challenges and opportunities associated with incentivising key individuals as part of M&A transactions and integrating them and their innovations and products within larger corporate groups. Case study: Sale of KPN Mobile international BV Our Corporate team has advised the leading European provider of telecoms services KPN Mobile International on the sale of its Spanish mobile unit, KPN Spain SLU, to France Telecom s Spanish subsidiary (Orange) for a confidential consideration. KPN Spain provides mobile services as a MVNO under the Simyo brand. This sale of KPN Spain follows KPN s strategy to divest non-core assets and to focus on its core footprint. Within the framework of this transaction Olswang advised on the prior spin-off of the technological platform business of KPN Spain, and the agreements with the KPN MVNE and the IT platform. Some of the challenges in this transaction have been related to the host agreement in place and the specific elements within the telecoms sector such as the achievement of a smooth transition without affecting the services rendered to clients due to the different agents involved. Furthermore, Olswang advised KPN Group on the MBO of its Spanish unit devoted to the ethnic market, Ortel Mobile España, S.L. The firm is well informed on a global basis and has a great network Legal 500

5 Commercial We have one of the largest teams of dedicated commercial lawyers in private practice, both in London and internationally. Our commercial team is also one of the largest service lines in our firm, advising on a wide range of commercial transactions but with a particular focus across telecoms and technology, providing expert advice in a number of related areas, including data protection and regulatory and consumer-facing issues. Our commercial telecoms lawyers have advised on some of the most innovative, ground breaking deals within the sector and are genuine leaders in their field. Case study: Vodafone network sharing In a truly innovative collaboration, Vodafone UK partnered with Telefónica UK to create two competing networks that will offer indoor 2G and 3G mobile coverage targeting 98% of the UK population by The agreement will also lay the foundations for two competing 4G networks to deliver the capability for a nationwide 4G service faster than could be achieved independently. With no contractual precedents to refer to, Olswang took the lead in shaping, structuring and guiding every step of the deal. We applied our core telecoms expertise to come up with new and practical solutions, necessary given the originality and complexity of the deal. Chosen for our telecommunications expertise, our experience of advising on previous network sharing arrangements, and reputation for innovation, our multi-disciplinary telecoms team advised on all commercial and corporate aspects of the arrangement, including the creation of a new 50/50 joint venture company that sees the consolidation of both operators existing basic network infrastructures. The team also advised on all related tax, employment and financing matters. Highly capable practice noted for advising clients on the launch of new platforms and services as well as providing regulatory and commercial support... Chambers UK 2014

6 Competition, Regulatory & Commercial Litigation Competition and regulatory issues have never been so important to businesses. Compliance is a challenge, but essential to avoid fines, damages actions and reputational damage. But competition and regulatory law is also often a strategic tool to gain competitive advantage through challenging competitors or regulators on business-critical issues. We act for clients in a variety of industries, including technology businesses of all kinds, broadcasters, life sciences companies, telecommunications operators, sports governing bodies, professional and industry associations and government departments. Our Competition & Regulatory team comprises lawyers across our European network, all with experience in acting for clients dealing with competition or regulatory authority investigations and litigation, and compliance issues. Olswang s Commercial Litigation Group is a modern, client focused litigation practice. The Group has excelled its new found strength in telecoms litigation in addition to its growth to become a full service, international, multi-disciplinary dispute resolution practice, with a reputation for innovation and excellence. We work with our clients to ensure that their contracts work for their business, steer the right side of the legal and regulatory regimes in all territories where our clients trade, and retain the trust and goodwill of their customers. Recent matters include issues around private enforcement, damage claims i.e. open internet access vs. throttled services, denials of access to NGN, consumer associations, to name but a few. Our commitment to client service is reflected in the number of significant organisations who look to us for advice and assistance, including Cable Wireless, Vodafone, Global crossing BBC, News International, Microsoft, ITV, Nationwide, ebay and Skype. The excellence of our advice is international. We understand our clients don t just transact in one nation. Case Study: Belgacom competition and regulatory dispute We advised the Belgian incumbent telecommunications operator, Belgacom, including its fixed, mobile, internet and television activities, on all regulatory and competition disputes in the national courts, the national regulators and the competition agencies. We covered the full set of regulatory aspects at wholesale level, including the international carrier aspects of their business. To list a few examples: we handled judicial review proceedings against regulatory decisions on mobile termination rates, on wholesale bitstream and NGN/NGA access, on cable regulation and on leased lines. We handled a wide variety of competition investigations dealing with complex questions of price squeeze, predatory pricing, fidelity rebates and exclusive broadcasting rights. We also handled several damages claims for alleged infringements of the sector specific regulatory framework and/or the national and European competition rules. We were involved in numerous merger control matters both at national and European level, including several second phase investigations.

7 Intellectual Property We are peer-recognised and client-recognised as being one of the few go to firms for IP expertise and advice in Europe. IP is essential to our telecoms clients. It is central to the advice, transactions and disputes handled by our firm both within the telecoms sector and beyond. With more than 100 lawyers, patent and trade mark attorneys across our offices, specialising in patents, trademarks, unfair competition, domain names, copyright, design rights, database rights and protecting knowhow and other confidential information. Companies in the telecoms sector are coming under increasing pressure to bolster their own patent portfolios whilst also having to look to defend and attack other patents asserted by third parties. Olswang has responded to this growing trend by expanding its patent capabilities across Europe as well as establishing one of the leading European Patent Attorney practices within Olswang. Our European patent attorneys have advanced (PhD) degrees in electrical engineering and software disciplines and operate from London and Munich (the headquarters of the European Patent Office (EPO)). Our patent attorneys undertake both application and prosecution services as well as opposition activities before the EPO. In addition, and recognising the looming threat to telecoms companies of the (European) Unified Patent Court, Olswang now has established patent litigation teams established in London, Munich and Paris which coincidentally comprises the three main seats of the unified patent court. This will ensure, combined with our patent attorney practice, Olswang is in the best position to advise its clients of enforcing and defending patent actions and enabling us to provide the only truly full-service, cross-border IP team in Europe. Case study: Vodafone: Management of the global brand Following a competitive pitch, Olswang won the mandate to manage and co-ordinate Vodafone s global trade mark portfolio comprising over 4,000 marks in more than 160 countries worldwide. The instructions cover the full suite of trade mark services including prosecution, opposition, enforcement and advising on counterfeiting issues. According to Brand Finance 2011, Vodafone is the 5th most valuable brand in the word and the most valuable in the UK. Olswang is delighted to be entrusted with such an important and valuable brand. The instruction secures Olswang s position as a first rate provider of trade mark advice. Olswang excels in helping us take control of the full range of market opportunities. It is best known for its media work, which translates in the IP sphere to a practice that is strong in soft IP and increasingly strong on the patent litigation side as well. It is able to supplement its offering thanks to the expertise of a team of patent attorneys, providing clients with an impressively well-rounded service. Chambers and s 2012

8 Digital Real Estate Our specific telecoms and technology expertise does not only enable us to provide bespoke advice to our clients in the telecoms sector. We also advise clients from other sectors on telecoms and technology related questions. As an example, our Digital Real Estate practice group focuses on the use of digital technology in the property sector. Access to a fast broadband network, as well as the corresponding interior wiring of the building have become a feature that increases the utility value of the property significantly, be it for residential or commercial purposes. Smart home devices have become an industry trend. The use of such digital technology can help owners to implement new business models and to grow their business, be it in the area of multimedia and entertainment, new smart energy systems or also Ambient Assisted Living. Our Digital Real Estate Focus Group combines our expertise in telecoms and technology with our expertise in property law. We believe it is just the start to a new era of smarter homes. Smart homes are more appealing for homebuyers and tenants, more valuable to landlords and more useful for residents with special needs, (for example The German IT industry association BITKOM estimates that 10bn ( 8bn) will be invested in the German smart home market in the next five years alone). It is likely that we will see the same growth in the UK and in other European countries. With the opportunities of this emerging market come complexities which our team can help clients through. Case study: Cable Access for a large housing association We have assisted many large property owners to develop and realise their smart home strategy. This work started in Germany, where the housing market is based on rentals, and where some large-scale housing associations own and operate up to a quarter of a million properties. These associations are, therefore, in a very powerful position when it comes to choosing a broadband provider and deciding what technologies to install in their buildings. At the same time, many property owners are unlikely to have had much experience dealing with innovative cutting-edge technologies and understanding the underlying business models. A recent example of our work is a cable outsourcing project where we assisted a large housing association to set up its own cable subsidiary. The work included the acquisition and transfer of all in-house cables to a subsidiary, a large tender process for signal delivery and maintenance services and the set up of the contracts for the new cable business. This business secured our client an expansion of its business model and long-standing revenues from the cable sector.

9 Your contacts Blanca Escribano International Telecoms Head Purvi Parekh International Telecoms Head Rob Bratby Christoph Enaux com Dirk Van Liedekerke Dirk.vanliedekerke@olswang.com Dan Tench Dan.tench@olswang.com Ross McKean Ross.Mckean@olswang.com Kevin Cordina Kevin.cordina@olswang.com Stephen Reese Stephen.reese@olswang. com Louis Glass Louis.glass@olswang.com Ian Ferguson ian.ferguson@olswang.com Sylvie Rousseau sylvie.rousseau@olswang.com

10 Berlin Brussels London Madrid Munich Paris Thames Valley Singapore