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, 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.

 

Experience | Key projects 

Commercial
  • 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.
Financial Services
  • 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.
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 car fan ( Alfa restoration still a work in progress 8 years on!). Mark also enjoys watching comedy and listening to music.

Testimonials

Legal Insights by Mark Chapman

Auto-sync causes IP infringement

Auto-sync causes IP infringement

In the case of WEISS TECHNIK UK LTD v DAVIES, the Court held that four former employees and a company set up by one of them had breached their contractual and equitable confidentiality obligations.

read more

IR Global – The future of Data Privacy

As we enter the age of Artificial Intelligence and the Internet of Things, our personal data matters more than ever. In the following guide you’ll hear from 23 legal experts from across the globe, including our very own, Matthew Lea, discuss data privacy laws in response to GDPR .

Award winning legal advice

Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2024’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023 & 2024’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.

+44 (0)1276 686 222

Email: info@herrington-carmichael.com

Farnborough
Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR

Reading (Appointment only)
The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA

Ascot (Appointment only)
102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY

London (Appointment only)
60 St Martins Lane, Covent Garden, London WC2N 4JS

Privacy Policy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies  |   Client Feedback   |  Diversity Data

 

 

Our Services

Corporate Lawyers
Commercial Lawyers
Commercial Property Lawyers
Conveyancing Solicitors
Dispute Resolution Lawyers
Divorce & Family Lawyers
Employment Lawyers
Immigration Law Services
Private Wealth & Inheritance Lawyers
Startups & New Business Lawyers

Pay Online >

Please be aware that we have no plans to change our bank details. If you receive any indication that any of our bank details have changed please contact us before sending us any funds. We take no responsibility for monies you transfer into the wrong bank account.

© 2024 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.