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 Scotland’s leading commercial and regulatory lawyers

Scotland’s leading commercial and regulatory lawyers

Harper Macleod has one of Scotland’s largest commercial and regulatory law practices. Our work is market-leading, acting for clients ranging from national and international governmental organisations, through multinationals and listed companies, to start-ups and SMEs.

Overview

The team covers all areas of commercial and regulatory law, including trading arrangements, consumer contracts, procurement, IP, data and information law, the internet, and sector specific regulation. The department also has significant sector-related experience, covering many areas key to the Scottish economy, including food and drink, leisure and hospitality, tourism, technology, life sciences, space, outsourcing, energy, transport and shipping, marine and aquaculture, sport, cross border trade, and the creative sector. The practice contains three accredited specialists, in areas such as cybersecurity, IP, IT, and 20 lawyers recognised in The Legal 500 and Chambers Guide to the Legal Profession, in areas such as fintech, technology, media and entertainment.

Harper Macleod’s team of Information Law specialists is part of our Commercial and Regulatory practice, and provides high quality legal advice and representation for clients across the public and private sectors. Our highly responsive team has genuine and long-standing expertise in all aspects of information law, from a regulatory and commercial perspective, including freedom of information, access to environmental information, and across the full spectrum of data protection and privacy law.

Corporate governance in the public and third sectors

We understand the importance of good governance in all walks of life. Our expert regulatory lawyers bring specialist knowledge of advising public bodies on all aspects of corporate governance. This allows them to perform their functions effectively, including in relation to decision-making, compliance with regulatory law and good practice, in a way that supports effective decision-making and ensures accountability and transparency and in accordance with principles of effective risk management.

The public and voluntary sectors are complex and varied, and we know from years of experience that bodies operating in these sectors require a bespoke approach. In delivering our services, we seek to tailor our provision to the specific needs of our clients, to help them achieve their goals whilst operating in areas of law that are often dynamic and complex, and subject to an increasing amount of regulatory and reporting requirements. We help our clients to streamline their operations, to embrace innovation and to form successful partnerships where appropriate, in order to operate to maximum efficiency and manage risks effectively, including financial, reputational and legal risks.

Associate

Associate

Associate highlights the work of our Commercial and Regulatory team. Regardless of size or sector, every organisation has responsibilities to meet if it is to achieve its objectives, whether that means overseas expansion, or fulfilling corporate governance and regulatory requirements.

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THE TEAM

Meet the team

Our team works with businesses and individuals across Scotland, the UK and internationally on all areas of commercial and regulatory law including commercial contracts, terms and conditions, intellectual property, trading arrangements and procurement.

Services

Our services

Our team can handle all types of contracts, including:

Commercial contracts

Overview

We have extensive experience advising on all types of commercial contract, including those relating to services, agency, distribution, manufacturing, outsourcing, franchising and licensing, the internet, apps and websites, and broadcasting. Our team is rated at Tier 1 in Legal 500 and Chambers Guide to the Legal Profession in franchising law, and carries accreditation from the International Chamber of Commerce in relation to Incoterms matters.

Commercial aspects of corporate work

Overview

Through our work supporting incubators such as Entrepreneurial Spark and public sector entities such as Business Gateway, we have significant experience dealing with grant funding, and commercial aspects of early stage investment transactions. In relation to core general corporate and M&A transactions, we support with key commercial and regulatory aspects, including investment restrictions, and deal critical commercial contracts and diligence. In addition, we have supported many clients in their growth out of Scotland to trade internationally, including in respect of foreign entity formation and management arrangements. We have also worked extensively with charities and the third sector, acting for industry bodies such as the Scottish Council for Voluntary Organisations.

Regulatory law

Overview

Our regulatory law practice is multifaceted. We have advised household names on consumer regulation, in areas such as online trading, and the use of gift and loyalty schemes, but also in areas such as the use of NFTs for customer engagement. Our team includes lawyers with in-depth knowledge of sanctions, anti-money laundering, anti-bribery and tax evasion prevention laws, and we are often engaged to assist with the drafting of policies, procedures, to advise on risk and transaction structuring, and compliance disputes and issues.

IT & telecoms

Overview

Our team has worked on some of the largest IT and telecoms projects in Scotland in the last twenty years, including Superfast Broadband, Connected Communities, Pathfinder North and the Smart Cities projects. Our work revolves around providing a holistic service in which all relevant legal aspects are covered in conjunction, whether they relate to project critical contracts, property access, or regulatory frameworks. Our data and information law practice has advised multiple public and private sector entities on matters as diverse as data commercialisation strategies, the use of AI and patenting in data processing, the conduct of large scale information gathering exercises, such as the Scottish Census, and cross border data access and use projects.

EU & competition law

Overview

We have extensive knowledge of EU law and frameworks, and often work upon EU funded matters. Our team has been recognised for its expertise by the European Commission under the Framework and Horizon programmes, and we have advised the Commission itself on policy and strategy. On competition law specifically, our experience stretches from advising on competition law aspects of M&A transactions, through patent licensing and technology transfer exemptions, through to subsidy regimes, differential pricing and selective contracting.

Government and its agencies

Overview

We have one of the largest public sector practices in Scotland, acting for multiple government agencies, local authorities, and the Scottish Government itself. In addition, our experience includes advising a number of organisations upon, and assisting with the drafting and progression of, new legislation at both the Scottish and UK parliaments.

Intellectual property

Overview

Our IP team is recognised as one of the best in Scotland. In addition to advising on transactional IP matters and disputes, we operate one of the largest trade marks registration and management practices in Scotland, often acting for clients in respect of their worldwide portfolios. We also have significant patent related experience, having dealt successfully with a number of disputes both at Scottish Court and IPO level. Our work in media and entertainment is unmatched in Scotland, an includes dealing with a number of high profile copyright disputes, and acting for the Musicians Union and Publishing Scotland. We are also recognised as one of the leading UK firms in the sports sector, acting for clients such as Celtic FC and UEFA, and upon events such as the Commonwealth Games.

Disputes

Overview

Our commercial and regulatory team often advises on the pre-action aspects of disputes. Our work here includes assessing risks and chances of success, discovery, and engagement in pre-action correspondence. Working closely with our litigation team, we provide a seamless service if formal proceedings are required. For a number of clients we also operate rights infringement monitoring services, in sectors such as clothing, sports and food & drink, identifying and dealing with rights infringement matters.

Work

Examples of our work

Agency/distribution

Overview

On behalf of clients in the food and drink sector, we prepared template agency and distribution agreements and negotiated them for the appointment of agents/distributors in a number of countries worldwide taking into account those jurisdictions where the rights of an agent would be enhanced on termination by the commercial agents regulations and similar legislation in local jurisdictions.  By discussing with the client and putting in place challenging but realistic performance targets with exclusive distributors the client has been able to ensure they are committed to growing our client’s business and where required has terminated the relationship.

Collaboration

Overview

For a client in the energy sector, negotiating a collaboration agreement with several multi-national companies to establish a consortium on a project in connection with carbon capture which successfully obtained grant funding towards further development and research.

Terms and conditions

Overview

Preparing terms and conditions for a client operating in both the B2C and B2B markets through the same online presence with alternative provisions applying dependent upon how the customer sets up their account.  A suite of documents has been prepared dependent upon the business relationship, both in online form for setting up account for use of a web-based platform and non-digital format for bespoke agreements with larger companies.

Licence agreements

Overview

Drafting and negotiating licence agreements for a client in the financial services sector to provide white-labelling of its digital ordering and payment solution in the hospitality sector through use of landing pages branded as those of the licensee but with the underlying operating software linking directly to our client’s proprietary platform.

Supplier agreements

Overview

Drafting and negotiating a supply, installation and commission agreement for a new bottling line for a distiller, taking into account the downtime while the new line is commissioned and the health and safety and other issues arising from the supplier’s personnel being on the client’s premises.

Freedom of information

Overview

Our Information Law team’s experience of freedom of information is unmatched in Scotland. The team brings has unrivalled experience of acting in FOI appeals under the Freedom of Information (Scotland) Act 2002 in the Court of Session and UK Supreme Court.  We are able to provide practical advice and support to ensure compliance with all aspects of the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004, as well as the equivalent UK legislation.

 

We have a depth of experience in providing FOI advice to central and local government, government agencies, inquiry teams, educational institutions, non-departmental public bodies, and registered social landlords, amongst others

Data protection

Overview

We are known for providing clear and measured advice on data protection law in the context of duties, powers and relevant risks, whether financial or reputational, for all our clients, depending on their sector. We have a unique insight into the operation of clients across the public and private sectors, and how personal data is used to perform functions and deliver services. In the public sector, we have particular expertise in providing data protection law to central and local government, regulatory and complaint handling bodies and inquiry teams, non-departmental public bodies, housing organisations, sporting bodies and education institutions.

 

Our team can provide advice and support to ensure compliance with both data protection law and best practice. We operate as an extension of our clients’ internal data protection teams, from providing ad hoc advice on routine data protection queries, to handling much bigger projects involving the use of personal data, nationally and internationally.

Testimonials

“Harper Macleod demonstrated strong knowledge in all areas.” “They have a strong grasp of international issues and practice.”

– Chambers UK 2023

“Absolutely fantastic. They always get back to you immediately and they take the time to explain things”.

– HM Client

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CONTACT US

Glasgow Edinburgh Inverness Elgin Thurso Shetland
Get in touch

Call us for free on 0330 159 5555 or complete our online form below to submit your enquiry or arrange a call back.

Speak to us today on 0330 159 5555

Get in touch

CONTACT US

Get in touch

Call us for free on 0330 159 5555 or complete our online form below to submit your enquiry or arrange a call back.