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Mark Hersey

Mark HerseyAssociate

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I am an Associate in Lewis Silkin’s Commercial, Data Privacy and Brands & IP practice groups. I joined Lewis Silkin in January 2018 and I primarily advise clients on commercial contracts and data privacy matters.

I qualified as a solicitor in March 2016 and since then have gained a broad range of non-contentious and contentious experience for a variety of clients. Prior to training as a solicitor I was a compliance officer for a multinational bank and studied law at the University of Nottingham.

Commercial

I have advised on, negotiated and drafted a range of commercial contracts, including in respect of the supply goods and services, website terms & conditions, distribution, consultancy, advertising & marketing, confidentiality, and licenses. I also have experience advising on compliance with e-commerce and consumer rights legislation and regulation.

My broad contentious experience includes acting for an art dealer in a High Court action for breach of contract, advising a fashion label on the termination of a marketing/consultancy agreement and concession agreements with a chain department stores, defending a claim for commission and indemnity payments brought by a commercial agent, and providing advice to a blockchain developer regarding a potential claim for breach of confidence/confidentiality.

Data Privacy

I have experience advising international clients on application of the General Data Protection Regulation to their non-EU subsidiaries and I have drafted data privacy policies and data processing agreements. I have also advised a vehicle manufacturer on the privacy aspects of the terms and conditions for its ‘connected car’ services. I have a keen interest in sport – especially Football – and work closely with our Sports Business group to advise on a range of data protection issues.

Brands & Intellectual Property

I have advised various clients on the registration of various rights, including trade marks and design rights and have conducted trade mark and domain name due diligence in relation to various corporate transactions. I have also provided advice in respect of an investor’s potential acquisition of royalties derived from music streaming.

Contentious experience includes acting for a cosmetic company in High Court trade mark litigation and for a vehicle manufacturer and a chain of upscale grocery stores in Company Names Tribunal proceedings.

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