Mark Chapman

Partner, Corporate and Commercial Law
 

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 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 pensions sectors) and on consumer law matters.

 

Experience | Recent Projects 

Commercial
  • 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 souring 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.
Financial Services
  • 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 Law & 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.

Interests and Hobbies 

Mark enjoys spending time with his wife and two children. He is a Tottenham supporter and a car fan ( Alfa restoration still a work in progress 5 years on!). Mark also enjoys watching comedy and listening to music.

Mark Chapman

Partner, Corporate and Commercial Law

Office – 01276 686 222
Direct – 01276 854 928
                   Mobile – 07792 950 447

Commercial specialist Mark Chapman ‘has strong technical knowledge and deals expeditiously with requests’ and ‘takes the time to understand clients’ businesses and shape his advice and support in a way that works for the client’

-Legal 500, 2018

Mark Chapman is extremely thorough and has a good eye for detail, but advises with a very good balance of technical legal advice and commercial/practical suggestions

-Legal 500, 2020

Mark quickly got to grips with our complex and extensive business division. What impressed me most was Mark’s innovative and commercial solutions and his ability to see the bigger picture.

- Robert Diggin, Director of AppleCare (EMEIA)

The team quickly grasped the legal challenge we presented them with. They responded with speed, professionalism and a detailed overview of the options available.

- Rishi Suri, Strand Europe

Accreditations / Awards

Articles Written by Mark Chapman

Contract termination: Getting it wrong

A business wishing to terminate a contract should carefully assess whether a valid right to terminate has arisen and should also carefully assess the practical requirements for terminating the contract. Contracts commonly include express rights for termination,...

Distribution Agreements – Globalising your Goods in 2020 and Beyond

Why can we buy Apple iPhones from John Lewis, Amazon or Currys, and Microsoft Office from Apple? The short answer is – these companies have distribution agreements in place with Apple. But what is a distribution agreement and why would a simple written or verbal...

Bespoke Terms and Conditions and Key Considerations in Business to Business Arrangements

We often have businesses come to us with “off-the-shelf” terms and conditions and it is often the case that they simply do not reflect the way the business operates nor do they reflect the risk profile of the business. It is important to ensure that your terms are...

The Common Law Duty of Confidence: Can you rely on it?

We recently published an article explaining the benefits of putting a bespoke Confidentiality Agreement in place for your business project: “Confidentiality Agreements: Don’t get caught out!” If you do not have a confidentiality agreement or non-disclosure agreement...

Coronavirus: Practical Steps for Businesses in the Construction Industry

As cases of coronavirus (Covid-19) increase throughout the UK and the world as a whole, the adverse impacts on the construction industry are becoming a reality. There are many obvious issues which businesses could face such as cash flow issues leading to delayed...

Impact of Covid-19 (Coronavirus) on commercial contracts: Some Practical Tips

Businesses are facing increasing uncertainty in light of the rapidly evolving Covid 19 (Coronavirus) situation. As matters develop, a growing number of businesses are finding it impossible, or at least more difficult, to deliver on their commercial promises. From an...

Confidentiality Agreements: Don’t get caught out!

Often confidentiality agreements or non-disclosure agreements (NDAs) are seen as a standard part of doing business and are often signed by businesses without much, if any, legal review. Are you sure you know what you are signing up to? What is a confidentiality...

SPAS and ‘Conduct of Claims’ Provisions

Warranties and indemnities are a vital part of a corporate sale for both the parties, operating to reallocate the risks of the transaction between them.  Warranties are promises or assurances from a seller to a purchaser that a particular statement is true; while an...

Commercial contracts: It’s a mistake – but what then?

Where a mistake has been made during the course of formalising commercial contractual arrangements, when will the court be prepared to rectify it and on what basis? Rectification takes place when the court amends the terms of a legal document which does not accurately...

New FCA Guidance on Cryptoassets

Cryptoassets such as Bitcoin and Litecoin have been on the radar of the Financial Conduct Authority (FCA) for some time. The FCA has urged consumers to be cautious and has recently published useful guidance on cryptoassets and regulatory issues. Cryptoassets (also...
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