Ward Hadaway: Safeguarding success of digital businesses

Bill Goodwin, a Ward Hadaway partner and head of IT/IP, with over 20 years’ experience of working with digital businesses, supporting them across a wide range of technology-related legal issues, here discusses the challenges the region’s fast growth technology businesses face and why appropriate legal support is vital to their long-term success.

If we thought 2020 and 2021 could not be beaten, we clearly didn’t realise what 2022 was capable of.

As the world unlocked from prolonged Covid restrictions, businesses have found themselves caught up in a storm of geo-political tensions and ever-increasing economic turmoil from rising inflation and interest rates to continued supply chain challenges.

The odds, once again, have been stacked against them but they’ve shown up, impressed and demonstrated why innovation, determination and talent will always create a path to success.

Despite the adversity, businesses in the region have continued to grow and recruit. The region is currently celebrating the Leeds Digital Festival and the Leeds Digital Festival Awards will recognise the fastest growing digital businesses from across Yorkshire.

The awards, which are supported by Ward Hadaway in partnership with Amsource, a specialist recruitment consultancy focused on the tech sector, celebrate the cream of the region’s technology businesses.

Their fast growth, innovative ideas and talented people are recognised for the roles they play in creating the strong and thriving community of technology businesses across Yorkshire.

This, of course, is a huge positive. The success and growth of tech companies in Leeds and the wider region creates prosperity and jobs. However, we must acknowledge the challenges fast growth brings and realise the support it requires so that businesses can continue to thrive.

We work with many tech start-ups, SMEs and larger businesses across Yorkshire and Humber supporting them on a wide range of business and legal matters.

The Ward Hadaway team working with tech businesses in the region is highly experienced and specifically skilled to enable the right level of support digital companies need to protect their assets, their workforce and, ultimately, their success.

From negotiating IT contracts, protecting intellectual property and advising on GDPR to managing trademark portfolios, helping clients to resolve disputes and supporting tech businesses with employment law, immigration and HR issues, our team provides comprehensive and holistic business and legal assistance.

This enables companies to focus on their growth whilst protecting their assets and ensuring they have in place the processes needed as their business grows.

Contracts with suppliers, partners, employees and clients are vital to any successful business. As tech businesses grow, they quickly find that they need robust and increasingly sophisticated customer and supplier contracts to protect their business and secure their revenue streams.

The bigger a business gets, the larger and more sophisticated the customers. Tech businesses also find that their customer contracts get more scrutiny from clients with procurement teams and in-house lawyers and so contract negotiations with new customers can become increasingly challenging.

We work with tech clients across the region, educating them on the right type of contracts to create and to assist with contract negotiations.

Employee contracts must also be watertight and serve the best interests of the business as well as the employees. A major challenge for tech businesses, which is essential to achieving and maintaining fast growth, is recruiting the right talent. They need help with employment contracts, agreements with consultants (particularly in light of changes to IR35 rules) and also immigration when recruiting talent from overseas. We have a specialist partner in the team, Flora Mewies, who specifically helps tech businesses with employment law and HR, including recruitment and onboarding.

Intellectual property (IP) is also a vital aspect of growing businesses. As tech firms grow, they need to protect their IP. Whether it’s copyright in their software products or trademarks in relation to their brands, they must safeguard their ideas and creativity. This gives them a competitive advantage over other businesses wishing to replicate their success.

IP is a key asset of any credible tech business, and we work with several tech businesses in the region to help them protect it and secure their IP value.

With growth, disputes between suppliers, clients and employees are unfortunately inevitable. If not managed or handled carefully, a significant dispute can completely derail an otherwise successful and growing business. For example, complex IT projects are renowned for going wrong from time to time resulting in potentially costly disputes and litigation.

Businesses may find that their IP is being infringed and need to take legal action to prevent that, for example. One of our team members, Connor Simpson-Key, specialises in commercial litigation and his role is specifically focused on working with tech businesses.

He advises on matters regarding the interpretation and enforcement of contract terms and assists clients within the digital sector with a range of contractual disputes, such as the delayed delivery of software and the termination of licence agreements.

Compliance is another key area of the law that growing tech businesses need to be mindful of. As tech businesses grow, they will need to follow certain regulations. In the tech sector specifically, data protection laws and GDPR is a major area where businesses must be compliant. Failure to do so can result in loss of business (as customers need to be reassured their suppliers are compliant) and potential regulatory action.

Our team has in depth knowledge of all data protection and GDPR legal issues and is experienced in guiding digital businesses through the process, taking a risk-based approach to specific cases.

Growth does not come without challenges. Success does not come without adversity. As the region celebrates the brilliance of our region’s tech businesses and their fast growth and prosperity, it’s vital that we nurture that progression with the right legal and regulatory support.

Our specialist team at Ward Hadaway will guide you appropriately and you can feel assured that we’re here to champion you and your business and do what we can to protect your business and enable you to continue your path of fast growth and development.

For a confidential chat about any IT or tech related legal support you may need, please contact Bill Goodwin on 0330 137 3440 or [email protected].