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Technology Disputes

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CMS’s Technology Disputes Team advises clients on all types of disputes arising from the use and misuse of technology, across all industry sectors.

We advise on disputes arising from hardware and software implementation, outsourcing and cloud services, software licenses, website design, e-commerce platforms, payments systems and the use of machine-learning technologies.  We frequently advise on disputes arising form the misuse of data or data breach.

We advise our clients on the disputes which are of greatest importance to their business and reputation. We have advised on some of the largest disputes conducted before the courts in recent years and we have extensive experience of all the major arbitration codes.

Our recent experience includes advising:

  • An international services provider in a dispute with an insurance company concerning the implementation of an insurance platform.
  • An IT solutions provider in claims by an NHS Trust concerning the delivery and performance of an online medical records management system, involving conversion of paper records into a digitised and searchable format.
  • A software developer in a dispute relating to the application of the Commercial Agents (Council Directive) Regulations 1993 to agency sales of software.
  • A logistics company in a dispute relating to implementation of a dynamic field management system.
  • A major UK supermarket in a licensing dispute with a SaaS provider in respect of the client’s customer loyalty scheme.
  • An international insurance company in a dispute relating to the development of a cloud-based disaster recovery system.
  • A leading high street and on-line retailer in a dispute relating to implementation of a retail management system.
  • A retiler in a dispute with its web services provider.

"The team has strong skills in technology and life sciences."

Legal 500, 2024

"CMS can take complex claims and distil them into easily understandable issues. Their reports are well structured and easy to follow."

Chambers, 2024

"The CMS partners are on the top of their game and the juniors are also very knowledgeable and always available."

Chambers, 2024

"CMS has a really strong collection of partners who impress up and down the country. It is a high-quality firm."

Chambers, 2024
Advising the Board on Technology Operational Risk
Directors’ risk report All businesses are dependent on their IT systems and the deployment of technology is a board-level issue. Directors should be involved in decisions concerning the selection of...
Law-Now: Technology Disputes
Visit Law-Now for legal know-how and commentary


Digital Assets
Does your business have or is it ready for digitalisation and digital assets? Digital assets are transforming the world of business. Not just technologies in the news, like AI and crypto currencies, but a whole world of technological advances, from digital twins and extended reality to smart contracts and token­isa­tion. For tech businesses and those already using such technology to develop and market new products, much of this is core activity and relatively well understood – although legal and regulatory uncertainties remain, and potential pitfalls still exist for the unwary. But other business leaders, often less familiar with the territory, have to manage an increasingly complex assortment of issues that never troubled their predecessors, ranging from protecting their brand in the metaverse to deciding whether they should tokenise their shares or accept payments in crypto currencies. This section of Bandwidth looks at issues around the development and regulation of a wide variety of digital assets, and discusses how businesses can embrace them to innovate and evolve.
The use of generative AI in litigation: future implications and potential...
Reproduced from Practical Law with the permission of the publishers. For further information visit www. practicallaw. com. In this article, Rebecca Byczok and Reeve Boyd from CMS’ Finance Disputes...
Protection from protests
Protest on the streets, protest online, even litigation used as a vehicle for protest. Protestors targeting a business may be standing in a crowd, holding a placard or shouting slogans. But they may also be behind a computer screen or pursuing a claim against the business through the courts. They may even be working inside the business, preparing to compromise its systems or leak confidential information. Whether they are activists, employees or customers, all these protestors may present a substantial challenge and a real threat to businesses, in areas including its security, reputation and bottom line. 
Technology Transformation – Media
The media sector is known to be highly competitive, with that competition driving innovation. Older media businesses have had to grapple with disruptive new entrants. And those new entrants are constantly working to deliver better and more engaging content and user experiences to maintain their advantage. Digitisation has changed how media companies interact with their audience in ways we could not have imagined just a few years ago, but this comes with risk. This report is a deep dive into the data first produced for the report Technology Transformation: Managing Risks in a Changing Landscape. This saw over 500 corporate counsel and risk managers surveyed from multiple industries across the world. Here we look in detail at the 75 respondents from the media sector, and their perspectives on the risks associated with busi­ness-crit­ic­al technologies, including emerging technologies. What did we find? Media is a dynamic sector and can be an early adopter of many novel technologies as companies push for competitive advantages to create and satisfy customer demand. As we look to the future, the sector does seem underprepared in some areas, which is a potential cause for concern. Download the Technology Transformation media sector report now to read aboutThe principal drivers in the adoption of busi­ness-crit­ic­al technology in the media sectorConfidence in managing tech-related risks among senior media executivesFuture threats from new technologies like AI and blockchainWhich plans and processes media companies are putting in place to protect tech in­fra­struc­ture­Cul­tur­al barriers to managing tech risks in the media sectorPreferred approaches to dispute resolution in the media sector
Media Litigation Toolkit Series
Our Media Litigation Toolkit Series is back to provide a practical refresher of the key topics in this area, including discussion of the developments over the past year. In the digital age, information...
Technology Transformation: Managing Risks in a Changing Landscape
Changing tech, changing risks
Automated Driving: The Journey Continues
With a lot of recent developments in relation to autonomous vehicles (“AVs”) across Asia and the US, this article focuses on what the drive home may look like as the next steps are taken in advancing...
Risk Essentials Webinar: The lifecycle of a cyber breach
Cyber insurance remains one of the fastest growing lines of insurance and cyber-attacks could affect any insured organisation in any class of business. In this webinar our Insurance, Technology and Disputes...
CMS 2021 SEP/FRAND Litigation Round Up
In case you missed any of the key FRAND related patent decisions from last year, set out below is our case round-up. Do reach out for further details. Jurisdictional Challenges - Nokia V Oppo Nokia v...
Media litigation in the Internet age, including a discussion on the draft...
Following last year’s inaugural exploration of the media litigation toolkit, this year’s series will provide a practical refresher of the key topics in this area, including the recent and future developments...
Reputation management – dealing with inaccurate allegations (Part 2)
Following last year’s inaugural exploration of the media litigation toolkit, this year’s series will provide a practical refresher of the key topics in this area, including the recent and future developments...
Keeping it secret – claims for confidential and/or private information...
Following last year’s inaugural exploration of the media litigation toolkit, this year’s series will provide a practical refresher of the key topics in this area, including the recent and future developments...