Picture of Susan Barty

Susan Barty

Partner
Head of Advertising and Marketing

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English, French
Technology Disputes

Susan Barty is a partner in the Technology and IP team at CMS, specialising in dispute resolution particularly in the Technology, Advertising and Marketing, and Media sectors.

Susan has acted for both suppliers and customers in Technology disputes and has advised on numerous-high profile IT matters.  She has particular experience in the interaction between IP and IT issues, typified by her role in advising Nominet on the test case litigation brought by Cartier/Richemont.

Susan is a member of the Advisory Board of ITechLaw (the International Technology Law Association), and was president of ITechLaw for 2016/2017. Susan is also a member of the Society for Computers and Law.

Susan is an accredited mediator and has substantial experience in alternative dispute resolution procedures.  

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Clients praise Susan’s "fantastic understanding of advertising regulation" and her "superb insights into the industry as well as the law."

Chambers

A Leading Individual

Chambers and Partners, Advertising and Marketing

Susan has been described as ‘an excellent tactician’ in dispute resolution, “very shrewd” and “very sensible”.

Legal 500

Relevant experience

  • A contractual dispute with a leading provider of consulting and outsourcing solutions relating to an alleged failure to deliver a high-value IT software system in accordance with contractual specifications. 
  • A technology-driven provider of banking solutions in a dispute alleging breach of contract, copyright infringement and breach of confidence arising from the migration from the claimant’s software solution to that of our client.
  • A leading global insurance and reinsurance broker on a dispute as to the functionality of the system and acceptance issues.
  • A major communications company on disputes in relation to contracts awarded by local Councils for provision of communication network services in respect of procurement and contractual issues.
  • The prime contractor in an arbitration arising out of the late delivery of poor quality software by a subcontractor in a major PFI project.
  • A dispute relating to a contract for the development of a global portfolio management system and defending the service provider against a claim for failure to complete the development within the contractual time scales.
  • A dispute with a software developer subcontractor relating to the software developer’s failure to design and implement the software solution in accordance with an agreed specification.
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Education

  • 1999 - Accredited Mediator with CEDR.
  • 1997 - LLM, Advanced Litigation (Distinction), Nottingham Trent University
  • 1982 - Solicitors' Final Examination, The College of Law, Guildford,
  • 1981 - Bristol University, LLB. 
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Memberships

  • President and Executive Committee member, ITechLaw (the International Technology Law Association), President 2016/2017
  • Member, The Society for Computers and Law
  • Head, The Advertising and Marketing team
  • Member, The Advertising Law Group 
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Publications

  • PLC Advertising Law and Regulation
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Lectures list

  • ITechLaw 2014 World Technology Law Conference - Internet/Social Media - The Uses and Abuses of Social Media
  • Westminster eForum Keynote Seminar: The future of digital marketing in the UK: technology, effectiveness and policy priorities – April 2016
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Advertising, Marketing & Sponsorship

Susan Barty is Head of Advertising and Marketing at CMS in London. She advises clients across a wide range of industry sectors including consumer products, information technology and pharmaceuticals.

Susan is well known for her expertise in brand management and trademarks, copyright and domain names issues. Her experience includes assisting clients across all sectors with advice on copy clearance, sales promotions, as well as advertising complaints and disputes with competitors. She has considerable experience of dealing with the regulators in this area, and of alternative dispute resolution procedures.

Susan also has extensive experience in the management and resolution of media and defamation disputes. She regularly advises companies on how to use the law and the regulatory codes to protect their reputations and on how to deal with adverse media attention, whether in broadcasts or in the press.

Susan is also a member of the AdLaw Group, a specialist group of advertising lawyers.

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Clients praise Susan’s "fantastic understanding of advertising regulation" and her "superb insights into the industry as well as the law."

Chambers

A Leading Individual

Chambers and Partners, Advertising and Marketing

Susan has been described as ‘an excellent tactician’ in dispute resolution, “very shrewd” and “very sensible”.

Legal 500

Relevant experience

  • One of the major broadcasters on a dispute relating to the management of premium rate phone-in quiz show and the successful settlement of the dispute.
  • The termination of a sponsorship agreement, defending proceedings brought and bringing a counter-claim, recovering significant damages and successfully resisting a challenge to the decision to the Court of Appeal.
  • A leading international finance company on a number of media matters including long-running exchanges with ITV over the proposed broadcast of a significant documentary which led to the documentary being withdrawn from broadcast  advertising and marketing.
  • Various ASA complaints, both for the advertiser and for the complainant including as to strategic issues.
  • Threatened proceedings in relation to comparative advertising.
  • A leading premium drinks business on their responses to complaints received by the ASA.
  • A leading outlet brand on the terms and conditions for prize draws and prize competitions for consumers.
  • A top technology brand on a comparative advertising complaint and to a partnership agreement for sponsorship, advertising, branding and other commercial rights for a national football team.
  • A leading sports body on virtual advertising.
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Education

  • 1999 - Accredited Mediator with CEDR.
  • 1997 - LLM, Advanced Litigation (Distinction), Nottingham Trent University
  • 1982 - Solicitors' Final Examination, The College of Law, Guildford,
  • 1981 - Bristol University, LLB. 
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Memberships

  • President and Executive Committee member, ITechLaw (the International Technology Law Association), President 2016/2017
  • Member, The Society for Computers and Law
  • Head, The Advertising and Marketing team
  • Member, The Advertising Law Group 
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Publications

  • PLC Advertising Law and Regulation
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Lectures list

  • ITechLaw 2014 World Technology Law Conference - Internet/Social Media - The Uses and Abuses of Social Media
  • Westminster eForum Keynote Seminar: The future of digital marketing in the UK: technology, effectiveness and policy priorities – April 2016
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Consumer Products

Susan Barty is a core member of the Consumer Products team at CMS UK. Susan advises clients on their relationships with suppliers, distributors and consumers. She has also in-depth experience of disputes relating to supply agreements, distribution arrangements, licensing arrangements and other commercial contracts in both the Consumer Products and Life Sciences & Healthcare sectors.

Susan provides strategic advice on avoiding disputes, alternative dispute resolution and litigation. Focusing on her clients’ commercial success, she ensures disputes are dealt with effectively with minimal damage to their reputation.

Susan is also an accredited mediator and has substantial experience in alternative dispute resolution procedures. 

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Clients praise Susan’s "fantastic understanding of advertising regulation" and her "superb insights into the industry as well as the law."

Chambers

A Leading Individual

Chambers and Partners, Advertising and Marketing

Susan has been described as ‘an excellent tactician’ in dispute resolution, “very shrewd” and “very sensible”.

Legal 500

Relevant experience

  • A manufacturer on a significant claim against a major retail chain for breach of a discounted supply agreement.
  • A manufacturer on a claim made in connection with the termination of long term distribution arrangements within Europe.
  • A manufacturer in connection with the termination of licensing arrangements in Japan and the UK, including advising in relation to proceedings in both the Japanese and English court.
  • A global pharmaceutical company on challenges to its distribution system, including proceedings
  •  Multinational consumer products company – acting in connection with injunction proceedings in relation to the fraudulent activities of an account manager and distributor.
  • A well-known restaurant franchise on a number of its franchise agreements, including on the obligations of franchisees concerning the introduction of consumer promotions and new pricing policies.
  • A leading car rental company on a major overhaul of its consumer and business terms and conditions for the booking and rental of hire cars.
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Education

  • 1999 - Accredited Mediator with CEDR.
  • 1997 - LLM, Advanced Litigation (Distinction), Nottingham Trent University
  • 1982 - Solicitors' Final Examination, The College of Law, Guildford,
  • 1981 - Bristol University, LLB. 
more less

Memberships

  • President and Executive Committee member, ITechLaw (the International Technology Law Association), President 2016/2017
  • Member, The Society for Computers and Law
  • Head, The Advertising and Marketing team
  • Member, The Advertising Law Group 
more less

Publications

  • PLC Advertising Law and Regulation
more less

Lectures list

  • ITechLaw 2014 World Technology Law Conference - Internet/Social Media - The Uses and Abuses of Social Media
  • Westminster eForum Keynote Seminar: The future of digital marketing in the UK: technology, effectiveness and policy priorities – April 2016
more less

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Show only
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Con­sumer products and re­tail dis­putes and in­vest­ig­a­tions
31/08/2017
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This sum­mary provides a se­lec­tion of Ju­ly’s most in­ter­est­ing ASA ad­ju­dic­a­tions and high­lights the key is­sues con­sidered in those rul­ings. This edi­tion fea­tures two dif­fer­ent com­plaints re­lat­ing to No. 1 claims, each with dif­fer­ing out­comes, as well as a num­ber.
11 January 2017
Food and bever­age
26/07/2017
ASA Ad­ju­dic­a­tions Snap­shot – May & June 2017
This sum­mary provides a se­lec­tion of May and June’s most in­ter­est­ing ASA ad­ju­dic­a­tions and high­lights the key is­sues con­sidered in those rul­ings. This edi­tion fea­tures an­oth­er ad­ju­dic­a­tion con­cern­ing an ad­vert by Pro­tein World Ltd that at­trac­ted a lot of me­dia.
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Re­tail Is­sues Un­wrapped
Cur­rent top­ics in the re­tail in­dustry
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Last week saw the an­nounce­ment that BCAP and CAP, the reg­u­lat­ory bod­ies over­see­ing broad­cast and non-broad­cast ad­vert­ising re­spect­ively, are in­tro­du­cing stricter rules pro­hib­it­ing the sexu­al por­tray­al or sexu­al rep­res­ent­a­tion of un­der-18s and those who ap­pear.
10/03/2014
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ASA Ad­ju­dic­a­tions Snap­shot – March and April 2017
This sum­mary provides a se­lec­tion of March and April’s most in­ter­est­ing ASA ad­ju­dic­a­tions and high­lights the key is­sues con­sidered in those rul­ings. This edi­tion fea­tures two ad­ju­dic­a­tions that as­sess wheth­er ir­re­spons­ible and un­safe driv­ing prac­tices were.
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Con­sum­ing is­sues
Cur­rent top­ics in the con­sumer products in­dustry
28/04/2017
IP Snap­shot - April 2017
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ASA Ad­ju­dic­a­tions Snap­shot – Janu­ary/Feb­ru­ary 2017
This sum­mary provides a se­lec­tion of Janu­ary and Feb­ru­ary’s most in­ter­est­ing ASA ad­ju­dic­a­tions and high­lights the key is­sues con­sidered in those rul­ings. This up­date fea­tures sev­er­al ad­ju­dic­a­tions where the ASA have ex­amined the price at which goods and ser­vices.