What We Do

“The IT group is among the finest in the market, with broad expertise and an exceptionally strong team.”
 Chambers Europe 2011

The Technology and Commercial Contracts Group at Matheson Ormsby Prentice was the first such dedicated unit in a law firm in Ireland and our specialised team of technology and commercial contracts lawyers have a breadth and depth of transactional and advisory experience that is unrivalled. We act for some of the largest multinational ICT companies with operations in Ireland, as well as some of the main corporate and public sector users of information technology in the country and have advised on many of the largest and most complex IT, computer and systems integration, outsourcing, cloud computing and managed services contracts in Ireland. We also act for some of the largest multinational manufacturing and pharmaceutical companies with operations in Ireland.

The Group, led by John O'Connor, provides legal advice and business expertise on a wide variety of complex commercial arrangements across many different industry sectors as our clients grow their businesses, form strategic partnerships and expand into new markets.

Our industry knowledge is a key advantage which we apply to all aspects of our work including drafting, structuring, advising and negotiating. We ensure we understand our clients’ aims in order to provide innovative, useful and pragmatic advice and we make every effort to ensure that real value is delivered to our clients by negotiating workable, cost-efficient contractual arrangements.

Our Services

We regularly advise our clients in relation to the following areas:

• contracts for the acquisition or licence of computer and telecommunications systems
• cloud computing and services
• IT and business process outsourcing and services arrangements (and related procurement and tendering processes) 
• intellectual property rights protection, software copyright, databases, trade marks and domain names 
• internet legal issues for business users, owners of websites and service providers
• content licence agreements 
• electronic signatures and certification services 
• telecommunications, broadcasting and convergence 
• data protection, privacy and freedom of information 
• due diligence, IT and intellectual property rights audits 
• agency agreements (including advice in relation to the commercial agency regulations) 
• distribution agreements 
• franchise arrangements 
• joint venture arrangements 
• manufacturing and supply arrangements 
• professional services agreements (such as the use of consultants) 
• terms and conditions for supply of goods and services 
• transitional services and shared services arrangements 
• transport, logistics and warehousing services agreements 
• sponsorship arrangements

Emerging Business Programme

We have specifically developed an Emerging Business Programme for companies at the formation stage of their development. This Programme is designed to provide such companies with a range of key legal services and access to expert advice in a cost-effective manner, all bearing the stamp of Matheson Ormsby Prentice's quality work.

We are the Irish standing counsel for a large number of software, hardware, IT and internet multinational organisations and are involved in high-profile national and international IT legal work, as well as in some of the largest IT-based transactions and initiatives in Ireland.

Technology Contracts

• advising a public sector body on the acquisition and rollout of numerous IT systems and services, both bespoke and standard 
• advising a public sector body on the acquisition on a phased basis of two major IT systems 
• advising on the procurement and contract for the acquisition and rollout of a major dispersed IT network 
• advising indigenous bandwidth measurement technology company on contractual structures and requirements and drafting suite of standard contracts 
• advising indigenous technology companies on structure for getting products to market and drafting suites of required standard contracts

Outsourcing

• advising a major multinational IT services company on the outsourcing to it of the IT infrastructure and services of one of Ireland’s largest financial institutions, the largest and highest value IT outsourcing in Ireland to date 
• advising a major multinational software company on the outsourcing of IT services, including manufacturing, replication, logistics and contact centre requirements, including some of the most complex and highest value outsourcings to date in Ireland 
• advising a major US card processing company on the outsourcing to it of the card processing activities of two of Ireland’s largest financial institutions

Data Protection

• advising global media and telecommunications companies, internet service providers, e-commerce organisations, financial institutions and major multi-national and indigenous corporations on their obligations under the Data Protection Acts 1988 and 2003 and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, both as regards employees and customers/clients

Electronic Commerce

• we assisted the then Department of Public Enterprise in drafting the Electronic Commerce Act 2000 
• advised on appropriate on-line legal models, including drafting terms and conditions of use, website disclaimers, copyright notices and privacy statements, for e-commerce companies and traditional corporates with an on-line presence 
• advised a major Irish financial institution regarding its online applications 
• advised a major Irish bank on its online banking services, including systems acquisition and security 
• we participated in the Department of Public Enterprise Discussion Group on Electronic Commerce 
• we advised a potential national certification service in relation to the legal issues of providing certification services 
• we advised one of the country’s leading banks in relation to the establishment of its telephone banking operation and advised and negotiated the related agreement
• we have undertaken an extensive due diligence for a major Irish telecommunications company and we regularly undertake audits of organisations’ intellectual property rights

For some commentators, this firm represents the gold standard within the IT sector. Sources say that “the team has a great ability to quickly understand the key issues, and it provides excellent, commercially focused advice.” Don McAleese is perhaps the market’s most celebrated expert, and “a tremendous driving force within the IT sector,” according to sources. This “tight unit” also includes John O'Connor, who “really produces the goods for his clients.”  The firm enjoys a great reputation for its expertise in data protection, with both Anne-Marie Bohan, a “bright, approachable and highly effective operator,” and Yvonne Cunnane, a “proactive and commercial lawyer,” focusing on the area.
Information Technology: Chambers Europe 2010

Matheson Ormsby Prentice fields an all-star team across TMT, with James Hickey considered ‘among the top specialists in Ireland’ and Don McAleese highlighted as ‘Mr IT’. The firm refuses to rest on its laurels and is bringing younger lawyers through, with Yvonne Cunnane praised for her ‘excellent understanding of business culture’. The firm has an eye watering IT client base, providing ongoing advice to Microsoft, Google and Amazon. Highlights on the media side included advising on the fourth season of television series The Tudors.
TMT: European Legal 500 2010

This firm’s IT group was the first dedicated practice in Ireland and, since its inception, has grown to include some of the biggest IT clients in the world.
Information Technology: Chambers Europe 2009

TMT is a major focus for Matheson Ormsby Prentice. The firm boasts the "most experienced Irish media lawyer" in James Hickey and is "without question the leading Irish firm for film production and financing". On the technology side, Don McAleese and Anne-Marie Bohan are considered "leaders in the field".
TMT: European Legal 500 2009

With a stellar client list that includes some of the world's technology giants, it is hardly surprising that this firm is widely considered a market leader in IT. Offering “business acumen and an industry knowledge that leaves nothing lacking” this dedicated IT law group has “the strength and depth to handle big ticket work.”
Information Technology: Chambers Europe 2008

Clients are ‘ never in doubt on the expertise available’ at Matheson Ormsby Prentice.
IT, telecoms and e-commerce: European Legal 500 2008