Mark Chapman
Partner, Commercial
Mark is a Partner in our Corporate & Commercial Department and is also a ‘Legal 500 recommended’ lawyer.
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.
Mark enjoys spending time with his wife and two children. He is a car fan ( Alfa restoration still a work in progress 8 years on!). Mark also enjoys watching comedy and listening to music.
Mark Chapman is extremely commercial and approachable. His previous in-house experience is clear and a real asset to his in-house clients. Cesare McArdle is a pleasure to deal with and detailed in his approach, but commercial and practical at the same time
Legal 500, 2022
Experience
- 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.
- Advice and negotiation of product development and manufacturing agreements with Nissan, to include negotiating appropriate intellectual property rights protections and inclusion of mechanism to secure mass production contract.
- Acting for leading big data software business in drafting and negotiating software development and licensing agreement, to include advice on flow down licence terms.
- Drafting and negotiation of a suite of cross-border distribution agreements to support our client’s newly-established European distribution network.
- Drafting leading online clothes retailer’s terms and conditions for the supply of goods to consumers, including complex logistical return policy and provisions relating to consumers accessing the UK site from other European countries. We instructed and managed local lawyers in France and Germany in relation to the translation of the documents into their respective local languages and also in relation to advising on the impact of applicable local laws, localising the documents whilst ensuring as much consistency as possible with the English law documents as possible.
- Automotive industry – A multi million pound agreement for the sale of goods to Tier 1 manufacturer.
- National supermarket chain – A multi million pound field marketing services agreement.
- The launch of an online communications app for business and consumer use, drafting a suite of documents. The complexities included limiting the liability of the client in light of worldwide application and use of app.
- A household brand on contracts with global vehicle manufacturer. To include advice on customer terms and conditions and associated literature. Contract value £80 million.
- Advising household brand on contracts with global sports car manufacturer. To include advice on customer terms and conditions and associated literature. Contract value £10 million.
- Drafting, negotiating and advising on savings agreement under which £4 billion worth of savings were invested (white labelled savings product).
- Advice on the UK’s largest ever transfer of home insurance business (at the time) and simultaneous negotiations with 10 insurers.
- Drafting, negotiating and advising on agreement for provision of services to customers of large UK bank on an insured basis. Value £60 million per annum, to include reviewing, amending and approving terms of business agreements with numerous insurers including Lloyds syndicates.
- 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.
- 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.
The team at Herrington-Carmichael provide expert support which is calming when the pressure is on and always based on human connection. Most impressive is their ability to be responsive so that deals stay on track and schedule.
Stuart Crainer, Co-founder Thinkers50
In building an IFA sector leading business it was essential to have a top-quality legal firm in place which is why I chose Herrington Carmichael to work with me from the start-up phases in 2004 to an eventual sale in 2017. Having returned to the IFA sector again in 2020 to build another quality IFA firm I have once again chosen Herrington Carmichael. Amongst other things, Yavan and his team have provided comprehensive and dedicated legal support in the negotiation and conclusion of a complex multi-investor transaction.
Richard Dunbabin, CEO, Chester Rose
Yavan, Chris and the rest of the team at Herrington Carmichael were a pleasure to work with and provided a professional, responsive and pragmatic approach. They distil comments and mark-ups into concise questions to allow us to make commercial decisions without being bogged down in legal jargon, which allows for a smooth, efficient transaction process. I’d happily recommend the team to any of my peers, and always enjoy working with HC on deals.
Liam Pursall, BGF
Yavan, Chris, and Liz are three of the most attentive, hands-on, and knowledgeable lawyers I have ever had the pleasure of working with. They were always available to answer my questions and provide me with excellent advice. They were also very proactive in managing my case and keeping me informed of its progress. I would highly recommend them to anyone in need of legal representation.
Richard Owen, Director, Cinch Self Storage
We had been working with HC as our corporate lawyers for many years, pre-dating the inception of DataOps.live. Yavan and his team were excellent and tireless in their efforts to execute the funding round in a particularly short timescale, especially given the international time zones in consideration. The team were always available, always prepared, and always thinking of mutually acceptable ways to move past any challenges when they arose. We look forward to working with Herrington Carmichael over the coming years as we look to scale Dataops.live with the strategic input of Anthos Capital and Snowflake Ventures.
Justin Mullen, CEO and Co-founder
Yavan’s approach in dealing with negotiations and in dealing with the city lawyers on a multi-million pound investment were commercially focused, ensured that progress was made and that we concentrated on the areas of the greatest importance.
Clayton Sullivan-Webb, Managing Director, Grundon Waste Management Limited.
Herrington Carmichael LLP has coordinated three purchase and sale transactions for us in the last two years. The advice and guidance provided by the corporate team, led by Yavan Brar, has been well explained, commercially sound and supported by well drafted legal documentation. All legal advice, completions and support provided by Yavan and his team was first rate.
Will Clark, Managing Director and Part owner at Gavin Jones Ltd
Yavan and his team at Herrington Carmichael recently advised us on the assignment of two loans and associated security from third party lenders onto our books. Yavan and Matt provided advice of the highest quality and ensured the transactions completed swiftly. They were available whenever we needed to contact them and kept their advice commercially focused to our specific requirements. We have built a good relationship up with the whole team at Herrington Carmichael and would certainly recommend them.
Chris Hector, Director
The team at Herrington Carmichael advised Cennox on two recent acquisitions and our group refinancing. Throughout these processes I found them very professional, pragmatic and commercial. Resources were available to be brought in when needed to complete transactions to our timetable. I have no hesitation in recommending Yavan and the team.
Roy Dodd, Group Finance Director at Cennox
Best Law Firms 2024
Herrington Carmichael has once again been named in the Times Best Law Firms. We were first listed in 2023 and have once again made the Best Law Firms list for 2024.
