• At Kemp Little, we are known for our ability to serve the very particular needs of a large but diverse technology client base. Our hands-on industry know-how makes us a good fit with many of the world's biggest technology and digital media businesses, yet means we are equally relevant to companies with a technology bias, in sectors such as professional services, financial services, retail, travel and healthcare.
  • Kemp Little specialises in the technology and digital media sectors and provides a range of legal services that are crucial to fast-moving, innovative businesses.Our blend of sector awareness, technical excellence and responsiveness, means we are regularly ranked as a leading firm by directories such as Legal 500, Chambers and PLC Which Lawyer. Our practice areas cover a wide range of legal issues and advice.
  • Our Commercial Technology team has established itself as one of the strongest in the UK. We are ranked in Legal 500, Chambers & Partners and PLC Which Lawyer, with four of our partners recommended.
  • Our team provides practical and commercial advice founded on years of experience and technical know-how to technology and digital media companies that need to be alert to the rules and regulations of competition law.
  • Our Corporate Practice has a reputation for delivering sound legal advice, backed up with extensive industry experience and credentials, to get the best results from technology and digital media transactions.
  • In the fast-changing world of employment law our clients need practical, commercial and cost-effective advice. They get this from our team of employment law professionals.
  • Our team of leading IP advisors deliver cost-effective, strategic and commercial advice to ensure that your IP assets are protected and leveraged to add real value to your business.
  • Our litigation practice advises on all aspects of dispute resolution, with a particular focus on ownership, exploitation and infringement of intellectual property rights and commercial disputes in the technology sector.
  • We have an industry-leading reputation for our outsourcing expertise. Our professionals deliver credible legal advice to providers and acquirers of IT and business process outsourcing (BPO) services.
  • We work alongside companies, many with disruptive technologies, that seek funding, as well as with the venture capital firms, institutional investors and corporate ventures that want to invest in exciting business opportunities.
  • Our regulatory specialists work alongside Kemp Little’s corporate and commercial professionals to help meet their compliance obligations.
  • With a service that is commercial and responsive to our clients’ needs, you will find our tax advice easy to understand, cost-effective and geared towards maximising your tax benefits.
  • At Kemp Little, we advise clients in diverse sectors where technology is fundamental to the ongoing success of their businesses.They include companies that provide technology as a service and businesses where the use of technology is key to their business model, enabling them to bring their product or service to market.
  • We bring our commercial understanding of digital business models, our legal expertise and our reputation for delivering high quality, cost-effective services to this dynamic sector.
  • Acting for market leaders and market changers within the media industry, we combine in-depth knowledge of the structural technology that underpins content delivery and the impact of digitisation on the rights of producers and consumers.
  • We understand the risks facing this sector and work with our clients to conquer those challenges. Testimony to our success is the continued growth in our team of professionals and the clients we serve.
  • We advise at the forefront of the technological intersection between life sciences and healthcare. We advise leading technology and data analytics providers, healthcare institutions as well as manufacturers of medical devices, pharmaceuticals and biotechnological products.
  • For clients operating in the online sector, our teams are structured to meet their commercial, financing, M&A, competition and regulatory, employment and intellectual property legal needs.
  • Our focus on technology makes us especially well positioned to give advice on the legal aspects of digital marketing. We advise on high-profile, multi-channel, cross-border cases and on highly complex campaigns.
  • The mobile and telecoms sector is fast changing and hugely dependent on technology advances. We help mobile and wireless and fixed telecoms clients to tackle the legal challenges that this evolving sector presents.
  • Whether ERP, Linux or Windows; software or infrastructure as a service in the cloud, in a virtualised environment, or as a mobile or service-oriented architecture, we have the experience to resolve legal issues across the spectrum of commercial computer platforms.
  • Our clients trust us to apply our solutions and know-how to help them make the best use of technology in structuring deals, mitigating key risks to their businesses and in achieving their commercial objectives.
  • We have extensive experience of advising customers and suppliers in the retail sector on technology development, licensing and supply projects, and in advising on all aspects of procurement and online operations.
  • Our legal professionals work alongside social media providers and users in relation to the commercial, privacy, data, advertising, intellectual property, employment and corporate issues that arise in this dynamic sector.
  • Our years of working alongside diverse software clients have given us an in-depth understanding of the dynamics of the software marketplace, market practice and alternative negotiating strategies.
  • Working with direct providers of travel services, including aggregators, facilitators and suppliers of transport and technology, our team has developed a unique specialist knowledge of the sector
  • Your life as an entrepreneur is full of daily challenges as you seek to grow your business. One of the key strengths of our firm is that we understand these challenges.
  • Kemp Little is trusted by some of the world’s leading luxury brands and some of the most innovative e-commerce retailers changing the face of the industry.
  • HR Bytes is an exclusive, comprehensive, online service that will provide you with a wide range of practical, insightful and current employment law information. HR Bytes members get priority booking for events, key insight and a range of employment materials for free.
  • FlightDeck is our portal designed especially with start-up and emerging technology businesses in mind to help you get your business up and running in the right way. We provide a free pack of all the things no-one tells you and things they don’t give away to get you started.

Brexit: commercial and corporate concerns

On 23 June 2016, UK voters will go to the polls to decide whether the UK will exit the EU. While it is difficult to predict the precise corporate and commercial implications of a Brexit, it is clear that there will be a period of legal uncertainty for commercial parties in the lead up to the referendum and following any vote in favour of Brexit (while the details of Brexit are negotiated and implemented). Financial institutions, corporates and investors will need to keep pace with and respond to Brexit developments.

Essentially there are two key concerns raised by the Brexit referendum. First, the fact that for corporates operating across multiple jurisdictions in Europe, including the UK, the cost of doing business will increase and that such costs will be passed on to employees, shareholders and indeed other stakeholders—this would be an unwelcome development. Second, corporates may decide to set up operations outside of the UK as a result of the UK not being a member of the EU. Naturally, much will depend on the precise terms of any Brexit settlement. For example, the UK may be able to negotiate commercially favourable access to the EU market such that firms would not feel compelled to re-consider the viability of their existing and putative investments and operations in the UK.

Much of UK company and financial services law is based on EU company law directives. Therefore, the main issue that commercial parties will need to contend with in the context of Brexit is the potential for UK company and financial services legislation and regulation to become increasingly divergent from that of Europe. While it is hoped that these hugely important areas will continue to be harmonised on a pan-European basis, this cannot be guaranteed. This uncertainty is a great concern, particularly for the financial services sector which would be greatly impacted by a UK exit.

Mergers and Acquisitions (M&A)

Brexit is unlikely to have a major technical impact on share sale transactions which are not typically subject to a lot of EU law or regulation (except where affected by EU merger clearance). Asset sales may be simplified if the implementation of a Brexit involved scaling back the EU employee protection regulations relating to business sales, although, a wholesale repeal of such laws is unlikely.

While Brexit is not likely to have a great technical impact on M&A transactions, the uncertainty created by the referendum is likely to cause a general drop in inbound and outbound European M&A activity. In particular, for in-bound acquisitions of UK targets. UK bidders will need to think more carefully about the commercial implications of acquiring target businesses based in the EU without the benefit of the harmonised legal and regulatory regime that currently applies. Increased emphasis is likely to be placed on commercial risk allocation between vendors and sellers with respect to the unforeseen consequences of the Brexit referendum.

Commercial Contracts

It may be that Brexit—in whatever form it may take—would have no bearing on the rights and obligations arising under contracts, but it is incumbent on corporates to undertake a detailed analysis of how customer and supplier contracts may be affected by Brexit (with a particular focus on material adverse change, Force Majeure and other termination provisions), at least in respect of their most material relationships. Post-Brexit all commercial contracts would need to be reviewed and amended for references to the EU and EU legislation. To the extent possible, clients should consider building in Brexit contingencies and protections where new contracts are entered into, for example:

  • Providing termination rights on Brexit
  • Expressly including or excluding Brexit in a Force Majeure provision
  • Making provision for alternative mechanisms in the case of Brexit

For further information, please contact Lauren Anderson.