- 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 Littles 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 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 worlds 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 dont give away to get you started.
Five (avoidable) legal mistakes made by games companies - part one
- AuthorAndy Moseby
$1.5 billion for Mohang, $2 billion for Oculus VR, $970- billion for Twitch. It’s hard to ignore the numbers and it’s no wonder that many of the games developers we see have a clear exit strategy and an even clearer dream of appearing in next year’s Rich List.
In every transaction, there are two sides. A seller wants to maximise the price on an acquisition. The buyer - from a legal point of view anyway - wants to protect the value of business it’s buying.
Due diligence – the laborious exercise of providing all financial information, corporate history and commercial arrangements to a buyer – is key to this. But it’s also a way in which the purchaser can chip away at the price. If skeletons lurk in the closet, you can guarantee that a thorough due diligence process will drag them out into the open, and suddenly the luxury yacht in the Caribbean has to be scaled back to a dinghy in Margate.
Many of the issues revealed during the due diligence process are understandable. They come from a time when the company was starting out or focussing on generating income rather than spending money on legal niceties. But time and again, the same things crop up, and they have a habit of slowing the acquisition process down, leading to extra costs and pulling management away from running the business, or resulting in the sellers receiving less than they anticipated.
Here is the first instalment of my short guide of the five most common legal pitfalls. For anyone who has already fallen into these traps: don’t worry – far better to identify and fix them now, than trying to do it in the midst of a sale under the watchful gaze of a buyer.
1. Tax and structuring
There are many different reasons to look at clever financial structures for your intellectual property. There may be attractive industry-specific tax breaks. You may be able to off-shore your intellectual property in a country with a low tax rate on IP income or attractive R&D incentives.
If you are going to pursue this strategy, not only should you carefully assess the commercial reasons for doing so, but you should also make sure the tax breaks apply to what you’re developing.
It sounds like common sense, but control of IP can be key. In an industry where IP is frequently licensed in or owned by publishers not studios, developers need to fully understand the parameters of tax credits, especially as many tax incentive regimes have only recently been established (and their application criteria barely tested).
Even where IP portfolios have been successfully established off-shore, mistakes can easily be made. We have seen cases where deals have collapsed or been severely delayed simply because the developers have failed to put in place licences to the on-shore group businesses exploiting that IP.
To put that simply, they didn’t have the right to use their own intellectual property.
These decisions go to the heart of how your business will ultimately be structured (and how attractive it can seem to a buyer), and can be extremely difficult to unwind at a later date.
Read more about how we can assist you with tax and structuring.