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 he 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
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.
