Guy Burgess

Partner

LLB/BCom (Information Systems) - University of Auckland
Admitted 2001
Associate Member of the Institute for IT Professionals

Guy joined Clendons as a solicitor in the firm's Commercial & Technology practice in November 2000. In that capacity until 2004, Guy advised a variety of clients on corporate/commercial, IT/IP, litigation and insurance matters. A key area of Guy's work was assisting a major international software firm in successully resolving contractual disputes involving multi-million dollar implementation projects arising in New Zealand, Australia, UK, US and South Africa.

Between 2005 and 2008, Guy was founder & CEO of an international IT consultancy and software firm, providing advice and services on complex software development, outsourcing, system integration, hosted services and management projects for local and international clients.

Guy rejoined Clendons in 2008 as a Senior Solicitor.

Guy advises on a range of commercial, corporate, IT/IP and litigation matters. He has acted on complex commercial disputes and presented seminars and risk-management workshops.

Work

  • Establishing a joint-venture between an international Venture Capital fund and an NZX-listed company;
  • Redrafting international software license agreements to implement a "software-as-a-service" business model;
  • Acting for an international firm on business acquisitions;
  • Assisting an Insurance Company with a review of their technology liability / professional indemnity policy;
  • Advising start-ups on establishing Employee Share Option Schemes;
  • International licensing agreements on behalf of a New Zealand-based IP holding company for use with its worldwide master sub-licensees;
  • Advising start-ups on corporate structuring, licensing and IP protection;
  • Advising New Zealand company on establishing a US subsidiary;
  • Enforcing a client's trade marks;
  • Acting for an international client in a successful mediation with an large listed firm;
  • Advising on data hosting and other IT contracts;
  • Assisting clients on employment matters;
  • Preparing national retail / wholesale distribution agreements;
  • Establishing Limited Partnerships;
  • Advising on Joint Venture arrangements and disputes;
  • Advising on liability of telecommunications suppliers;
  • Documenting complex financial and security transactions.

Selected publications

  • Protecting IP in a post-software patent environment
  • Update on Enforceability of Website Terms
  • Protecting Intellectual Property from Trading Risks
  • Website disclaimers - yes, they do work
  • Computer program backups and the Copyright Act
  • Joint Ventures in Software Projects
  • A safe harbour from copyright infringement liability (Computerworld, June 2009)

Selected presentations

  • Technology Liability (Lumley General Insurance "Your Edge" conference)
  • Reputation & liability in a "viral" world (ANZIIF Conference)
  • Hosting Other People's Data
  • Open Source Software Licensing
  • Beyond Defamation: new media law
  • Practical Discovery in small matters