Herrington Carmichael LLP

Corporate & Commercial

Mark is a Partner in our Commercial team.

Before returning to Herrington Carmichael in August 2012, Mark worked as legal counsel at Acromas (which at that time owned and operated the AA, Saga and BSM brands) and as EMEIA Legal Counsel at Apple (the creator of the iPhone, iPad, iPod and the Mac).

Mark has extensive experience advising on commercial matters, both in house and in private practice, with a focus on cross border and complex commercial projects, particularly in the software, IT, manufacturing, financial services and automotive sectors.

Mark is responsible for our regulatory and compliance offering, and advises businesses on financial services matters (particularly in the insurance and wealth management sectors) and on consumer law matters.

Recent Experience

Commercial

Advising infrastructure provider in respect of a c£160 million sub-contract in connection with a public body. Advising services provider in respect of a series of contracts worth c£70 million with a public body. Advising service provider on outsourcing contract with UK bank – contract value c£80 million. Advising leading serviced office provider on c£10 million services contract. Acting for leading consumer electronics manufacturer in drafting and negotiating software as a service agreement to support new product launch. Complexities included simultaneous drafting of consumer software licence and service terms to support the service, managing local law advice across 8 different jurisdictions, and the short timescale to complete the agreement in order to coincide with product launch. Negotiating and advising UK based client on exclusive multi-jurisdiction software re-seller agreement with Israeli software development business. A multi million pound sale of goods agreement between UK component manufacturer and French customer, to include project management of French legal advice and competition law advice. Drafting and negotiation of strategic cross border product manufacturing and supply agreement, to include sourcing and managing local law advice in respect of execution formalities, negotiating inclusion of appropriate ongoing warranty protection and ensuring that complex logistics arrangements were correctly implemented.

Financial Services

Drafting and advising on FCA AIFM authorisation application. Acting for wealth management business in the negotiation and completion of SAAS agreement in respect of portfolio viewing and management software, including ensuring compliance with FCA handbook outsourcing requirements. Advice to leading wealth management business in respect of outsourcing requirements and novation requirements in respect of discretionary management agreements related to business acquisition. Advice to insurance broker on capital adequacy requirements. Review of pension scheme trust deed and rules for scheme with circa £120 million funds under management, advice on recent legislative changes and drafting deed of variation to update the scheme. Advice on regulated activities, financial promotion rules, prospectus directive requirements and collective investment schemes in relation to £4 million alternative fundraising scheme.

Consumer & Regulatory 

Competition law advice to US based purchaser of EU based target business. Advice to US based SAAS business in respect of English consumer law requirements applicable to suite of contractual documentation. Drafting of consumer software licence and service terms to support product feature, including managing local law advice across 8 different jurisdictions. Advice on pricing claims to be made as part of product advertising campaign, including CAP Code considerations. Advising on product safety matters, the positioning of EU wide product replacement programs and associated reporting obligations, and responding to questions from competent authorities Provision of strategic advice on pan-European consumer law claims filed by 12 consumer authorities acting in concert and drafting and advising upon action plan.

Trainee solicitor Herrington Carmichael LLP 2005-2007; qualified 2007; corporate and commercial solicitor Herrington Carmichael LLP 2007; legal counsel Acromas Group 2007-2010; legal counsel Apple 2010-2012; senior solicitor corporate and commercial Herrington & Carmichael LLP 2012-2014; partner corporate and commercial at Herrington Carmichael LLP 2014 to date.

Law Society.

University of the West of England, Bristol (2004 LLB Hons; Legal Practice Course).

Mark is a car enthusiast and enjoys watching comedy and listening to music.