OFFICE: London Dashwood 69 Old Broad Street London, EC2M. T: +44 (0) E:

Transcription

1 MARK DEEM PARTNER OFFICE: London Dashwood 69 Old Broad Street London, EC2M T: +44 (0) E: PRACTICES: Aviation Commercial Litigation Communications Digital Media & Entertainment International Arbitration Internet & Social Media Media & New Media Privacy & Data Protection Software Mark is a commercial litigator, with considerable experience of complex domestic and cross-border litigation, international arbitration and regulatory matters. He has conducted litigation in all commercial divisions of the English High Court, Court of Appeal, Supreme Court and Court of Justice of the EU; represented clients in international arbitration proceedings under the rules of the ICC, LCIA, RIDR and IFTA; and has a broad experience of mediation and other dispute resolution mechanisms. He is a Solicitor- Advocate, with rights to appear in all Courts in England & Wales and has considerable experience of managing clients' exposure to the risk and cost of commercial disputes, through the innovative use of ATE insurance, third party and other litigation funding arrangements. Mark specialises in technology, media and telecommunications (TMT) litigation; contentious privacy, data protection and cyber-security issues; and financial services disputes. He has particular experience in a variety of industry sectors, including aviation and aerospace, communications, digital, TMT and banking and finance. TECHNOLOGY, MEDIA & TELECOMMUNICATIONS (TMT) Advising mobile network operator on a 100 million contractual dispute concerning a telecommunications joint venture leading case on the meaning and operation of joint venture agreements and dormancy rules in the telecommunications sector. Advising in relation to a multi-million pound dispute concerning the delayed implementation of an IT platform and associated services to the insurance sector and the availability of certain rights of fault-based termination. Acting for the UK's leading outsourcing company in relation to dispute concerning functionality issues in a platform for HR and payroll systems. Issues raised concerned scope creep, contractual variation and rights of fault and non-fault termination.

2 Acting for a Spanish distributor in an IFTA arbitration concerning royalty payments, audit rights and exploitation of licensing arrangements in relation to a catalogue of Hollywood films. Acting for a founder of a 'hologram' projection technology business concerning shareholder rights and licensing arrangements. Advising in relation to a 25 million contractual dispute concerning commercial and technological issues of providing of interactive content to the digital terrestrial television platform in the UK. Acted as sole counsel in High Court proceedings and led the CEDR mediation. Acting for a telecommunications company in relation to a dispute concerning the provision of rack space in a co-location data centre facility. Acting for an entertainment client concerning an alleged patent infringement at a major music awards ceremony. Advising on a 10 million contractual dispute concerning the provision of an outsourced IT project to a financial company dedicated to non-prime lending. Acted as Junior Counsel in formal proceedings and led commercial negotiations, resulting in commercial settlement. PRIVACY & DATA PROTECTION AND CYBER SECURITY Acting for several financial institutions and FTSE-100 companies in relation to data breach issues, leading to notifications to regulatory bodies (including the FSA and the ICO) and Parliament. Conducting an internal investigation concerning a major cyber event on the technology platforms of each of a leading, global retailer and a leading UK service provider in the leisure industry. Advising a corporate client concerning its strategic response to a significant cyber event, including issues relating to disclosure to affected parties, stakeholders and the forensic treatment of evidence. Advising the executive management board of a corporate client as to its fiduciary obligations and corporate strategy, upon the prospective occurrence of a critical cyber event. BANKING AND FINANCIAL SERVICES LITIGATION Advising on a $220 million contractual dispute concerning credit derivative swap and cross-border leasing transactions entered into with global financial services provider (including jurisdictional challenge under EC Regulation 44/2001 to Court of Justice of EU). Substantive proceedings raise issues of mis-selling of financial products and the doctrine of ultra vires.

3 Acting for a German municipality in relation to a claim against it by a leading investment bank, relating to alleged mis-selling of credit default swaps, synthetic CDOs and portfolio management agreements. Advising in relation to many aspects of ISDA documentation, including issues of jurisdiction, events of default, conditions precedent, early termination and settlement. Advising consumer credit firms, including international payday lenders, in relation to its strategic response to potential litigation and regulatory issues. COMMERCIAL LITIGATION Advising FTSE-100 company on a 100 million contractual dispute concerning the provision of three vessels and raising communications, technology and electronics issues in an international arbitration under the rules of the LCIA. Legal issues concerned acceptance, testing, delivery and risk in export defence contracts. Acting for several international companies in disputes concerning the term of supply and distribution arrangements, including allegations of breach of anti-trust legislation and unlawful termination. Advising on a $1.6 billion cross-border partnership dispute concerning assets and trust property in three continents, including four offshore jurisdictions. Advising loss adjuster in multi-million pound breach of warranty claim - a leading case in relation to meaning of same damage under the Civil Liability (Contribution) Act CONFLICTS OF LAWS AND PRIVATE INTERNATIONAL LAW Advising in relation to all aspects of conflicts of laws, including jurisdictional disputes at common law (High Court) and under the various Conventions (up to Supreme Court and Court of Justice of EU), as well as choice of law issues in relation to contract, tort and equitable claims (including constructive and discretionary trusts) (High Court). Most recently, involved in the leading case on the scope and application of Article 22 of EC Regulation 44/2001 AVIATION AND TRANSPORTATION Advising European national carrier in dispute concerning the sale and lease-back of a fleet of Boeing 737 aircraft. Acting for industry body and participants in relation to a dispute concerning train management systems, including the collation, storage, dissemination of data and proper allocation of resources.

4 PUBLICATIONS Co-Author, "Was Lloyd's CRO right in Brexit speech," Actuarial Post, February 2016 Co-Author, "The UK's EU Referendum: Contingency Planning Against #BREXIT," Global Banking & Finance Review, February 2016 Quoted, "The UK's International Snooping Plan is Probably Going to End in Failure, Again," ZDNet, November 2015 Author, "Combatting cyber-attacks in the health insurance sector," Life Insurance Magazine, August 2015 Quoted, "Banks could be first to be hit by EU privacy fines", SC Magazine, 8 May 2015 Quoted, "Survey Expects Banks Will be First to be Fined 100 Million Euros Under New European Union Legislation", Reuters, 4 May 2015 Author, "Can we trust Cryptocurrencies?", The Digital Banking Group, 26 February 2015 Author, "Can We Trust Cryptocurrencies?", SCL - The IT Law Community, February 2015 Author, "Can we trust cryptocurrencies?", Banking Technology, 25 February 2015 Author, "Can We Trust Crypto-Currencies?", Payments Cards & Mobile, 24 February 2015 Author, "Driving Innovation with big data", Computer Weekly, February 2015 Contributor, "Tainted Love: How WiFi Betrays Us" report, September 29, 2014 Author, "Big Data this time, it's personal," Financier Worldwide, June 2014 Co-author, "Disclosure Ready? IT is more than a technicality; it is a driver of success," Lawyer Monthly, October 2013 Co-author, "G4S and farming out today," The Lawyer, July 2012 SPEAKING ENGAGEMENTS "The Law and Artificial Intelligence", broadcast as part of the 'Unreliable Evidence' series on BBC Radio 4, January 7, 2015 "Cyber Risks: An Ever Evolving Landscape," speaker, International Underwriters Association, February 26, 2014 Speaker, "Cyber Risk and Insurance: Square Pegs and Round Holes?," IRLA Members Breakfast Briefing, Insurance and Reinsurance Legacy Association, February 26, 2014 Panelist, "Impact of Proposed European Data Protection Reforms," Advisen Cyber Risk Insights Conference, February 24, 2014

5 Speaker, "Cyber Risk Exposures: Data Breach Response and Insurance Coverage Issues," Lloyd's Old Library, September 10, 2013 Co-interviewee, "Policing cyber security in the EU," LexisPSL, September 2012 COURTS England and Wales, Solicitor-Advocate MEMBERSHIPS Society for Computers & Law Education College of Law, Guildford LPC, 1998 Downing College, Cambridge MA, 1997