Mr Michael Bywell > Stephenson Harwood > London, England > Lawyer Profile

Stephenson Harwood
1 FINSBURY CIRCUS
LONDON
EC2M 7SH
England

Work Department

Commercial Litigation

Position

Michael is a senior commercial litigator with expertise in the technology and data breach areas. Over the past 25+ years he has represented clients in the UK and internationally on a range of commercial matters including IT and digital transformation disputes, software licensing matters and large-scale data breach and data privacy civil litigation.

Those clients include: global technology providers/suppliers based in the UK, North America, France and New Zealand; purchasers of technology products and services (including financial institutions and telecoms companies); app developers; and on-line traders.

Notable cases include representing EDS (as was) in relation to its high- profile dispute with HMRC over the performance of a new IT system to process tax credits in the UK. Michael represented the same client in a large and complex High Court case against a listed travel company which, at the time, was one of the largest IT cases to come before the English courts.

More recent cases include purchaser side advisory and dispute resolution advice in relation to a major digital transformation programme in the financial services sector.

Michael also advises in relation to: software licensing disputes; protecting IP owners from illegal use of their products by third parties; and forensic investigations into the theft of confidential information by third parties.

In the data breach area, Michael has considerable UK and international experience of civil litigation arising from alleged breaches of data protection legislation litigation including two substantial representative class actions filed in the English courts.

Michael is qualified in England & Wales, Australia and New Zealand. He Chairs the ITechLaw Disputes Committee and, in 2019, co-wrote the Society for Computers and Law Adjudication Scheme. He is also a panel adjudicator for that scheme.

Recent speaking engagements include data breach presentations to audiences in the UK and Australia (including in-house legal departments) and several webinars on Online Safety and Digital Services legislation in the UK and the EU respectively.

Lawyer Rankings

London > Dispute resolution > Commercial litigation: premium

The widely lauded team at Stephenson Harwood is described as ‘really experienced and technically excellent’ by one client, with the practice fielding particular strength in cross-border disputes. Large corporate, joint venture, and partnership disputes across the energy, financial services, shipping, aviation, and real estate sectors are mainstays of the practice. At leadership level, ‘knowledgeable’ head of team Richard Garcia routinely ‘seeks to go the extra miles for his clients’. ‘Force of nature’ Sue Millar is a key name to note, as are ‘absolute star’ Genevieve Quierin and ‘extremely clever and astute’ Stephen Ashley, with Millar recognised for her impressive sanctions-related expertise. The team has grown significantly with the arrival with Dan Smith from Latham & Watkins in June 2022, Michael Bywell from Hausfeld & Co LLP in January 2023, and Peter Dalton from Herbert Smith Freehills LLP in February 2023.

London > TMT (technology, media and telecoms) > IT and telecoms

Stephenson Harwood’s technology team handles a broad range of IT and telecoms matters, from product licensing and development of AI solutions to M&A transactions and investments. Practice head Simon Bollans advises established technology clients and start-ups on outsourcing mandates, while Michael Bywell leads on data breach class actions.

London > Risk advisory > Data protection, privacy and cybersecurity

Under the leadership of the ‘standoutKatie Hewson, the data protection team at Stephenson Harwood advises tech sector clients on emerging data protection legislation and also handles international data transfers, breach work, and investigations. Simon Bollans advises on cybersecurity as well as the data privacy and regulatory aspects of emerging technologies. Michael Bywell and Peter Dalton joined in early 2023 from Hausfeld & Co LLP and Herbert Smith Freehills LLP, respectively, strengthening the team’s technology disputes and cyber capabilities. ‘Vastly talented‘ associate Olivia Fraser is recommended for her experience advising on the data aspects of corporate transactions.

London > Dispute resolution > Group litigation: Claimant

Stephenson Harwood fields a ‘excellent team with a relentless focus on getting clients results’, with particular strength in private enforcement and group litigation. Its client roster consists of hotel groups, leading retailers and universities, and technology companies. The practice is led by Genevieve Quierin, described as a ‘brilliant litigator, a savvy strategist and a superb communicator‘. The team continues to expand, with the arrival of Dan Smith from Latham & Watkins in June 2022, Michael Bywell from Hausfeld & Co LLP in January 2023, and Peter Dalton from Herbert Smith Freehills LLP in February 2023. Ben Sigler sustains a focus on the financial and technology sectors.