Alec Alston is the head of our commercial technology team, he has advised companies on a broad range of technology-based transactions with a particular focus on large scale outsourcing projects, business process outsourcing and complex procurement. He is keen to balance a genuine passion for all things ‘tech’ with a belief that the commercial contract lawyer’s role is to articulate risk and facilitate deals.
In recent years Alec Alston has become recognised as a one of the few practitioners in the nascent field of data protection litigation, including defending claims in relation to the “Right to Be Forgotten”. He has a wealth of experience in claims founded in defamation, malicious falsehood and misuse of private information, and ICO regulatory proceedings.
Expertise of Alec Alston
Corporate/ Commercial
- Coordinated the complex reorganisation of a private group of companies. The challenge was the business operated through various subsidiaries and assets were not easily separated. An intricate reorganisation was required before carrying out a statutory demerger.
- Advised on the potential conflict of laws with respect to the creation of a jersey-based trust created for the sole purpose of holding a portfolio of international properties.
- Advised minority shareholder in property investment business on complex shareholder agreement and articles.
- Advised subsidiary of multi-national company on shareholder dispute with minority shareholder.
- Advised on the sale of a substantial UK hospitality group to an overseas wealth fund.
- Advising an equity investment company on a series of investments and fundraising.
Commercial Technology
- Advised leading PropTech company on the licensing of their source code to a third-party developer.
- Advised major global outsourcing company on joint venture and other projects.
- The establishment of an EMI share option scheme for a London based Fintech company and associated shareholders’ agreement and shareholder protection arrangements.
- As General Counsel for large tech company, advising on a range of commercial contracts, including a range of high profile corporate finance and sponsor services transactions, together with ongoing liaison with the Financial Conduct Authority.
- Delivering corporate governance, M&A, regulatory and commercial contracts advice to a number of leading technology companies.
- Assisting a leading Adtech company in carrying out a data retention audit for the purpose of the GDPR compliance.
Dispute Resolution
- Conducted a multi-million pound corporate fraud action, Zafaran Ltd & Oths v Azimi & Anth (2017) before the Chancery Division. Proceedings were issued against a number of the companies’ former directors. The companies sought, inter alia, damages and injunctions, for: wrongful and unlawful interference; breach of statutory and fiduciary duties; conspiracy; and trespass.
- Conducted the successful defence and counterclaim to proceedings before the Central London County Court and the Commercial Court in H Company 2 Limited v Shoreditch Cottage (2016). The case was led by Jonathan Davey QC and raised issues of: proprietary estoppel; breach of covenant for quiet enjoyment; derogation from grant and unjust enrichment.
- Appeared as junior advocate in a multi-party construction dispute worth in excess of £400,000 involving a series of FCEC/CECA subcontracts for the supply and fabrication of pipework to a major London development.
- Acted for the Government of Kazakhstan in the case of JSC BTA Bank v Ablyazov; worked on the asset tracing and preservation process involving hundreds of shell companies. The case, which is on-going, concerns a complex fraud worth more than $6bn.
- Appeared as advocate and successfully sought a validation order to remove £900,000.00 from pari passu distribution. The application was linked to the High Court decision in Ludsin Overseas v Maggs (2016).
Intellectual Property
- Appeared in the Intellectual Property and Enterprise Court in in relation to a successful defence to an application for interim relief, which sought injunctions to prevent alleged trademark infringement and passing off.
- Conducted an audit of the group companies’ intellectual property rights, as a means to maximise the value of the Intellectual Property portfolio thereafter advised and drafted an agreement which assigned the groups’ registered and unregistered intellectual property rights to an affiliate company.
Email Alec Alston: alec.alston@alstonasquith.com
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