Michael is a senior commercial litigation lawyer best known for his work on complex litigation and arbitration matters, particularly in the technology area.
Michael has worked on some of the world’s largest technology programmes and disputes, including those arising from large-scale tech and outsourcing projects, software licensing arrangements, breach of confidence, distribution/agency arrangements and data breach/cyber-security.
In close co-operation with the Society for Computers and Law, he co-led an initiative to create a bespoke adjudication procedure for use in relation to technology disputes, launched in October 2019. Michael was also selected as as a member of the SCLA panel of adjudicators - a small group of tech law professionals with experience of both technology and dispute resolution matters.
Outside the tech area, Michael's broader commercial litigation experience includes High Court and arbitration work in the construction, engineering, energy, life sciences and media sectors.
He has represented global supplier/vendor organisations on matters arising in the UK, Europe, North America, Australia and New Zealand. Other clients in the tech area include app developers, internet businesses, telecommunications companies, manufacturers, financial institutions, government departments/public bodies and other purchasers or users of computer systems and services.
Solicitor, New South Wales, Australia, 2011
Admitted High Court of Australia, 2011
Solicitor, England and Wales, 1993
Barrister and Solicitor, New Zealand, 1988
Member - Chartered Institute of Arbitrators
Member - Society for Computers and Law (SCL)
Member - International Technology Law Association (ITECHLAW)
WHAT OTHERS SAY
Michael has significant technology sector expertise and is a key name to note for contentious matters. - Intellectual Property, 2018 (ranked under his previous firm)
‘…intelligent, thoughtful and pleasant to work with’ and a lawyer with ‘extremely sound judgement’. – Technology, Media and Telecoms, 2019 (ranked under his previous firm)
“… the highly experienced Michael Bywell brings with him considerable IP litigation nous and will add seasoned value” - March 2019
Examples of Michael's work in this area include:
- Investigatory work in relation to cyber-security incidents and theft of confidential information.
- Acting for enterprise software users in defending licensing claims by vendor side organisations.
- Advising in relation to liability issues arising from illegal online activity.
Technology & Data Breach
Michael's experience includes:
- Filing a CPR 19.6 representative action in the High Court against Marriott International on behalf of Martin Bryant, representing millions of affected individuals concerning a major data breach involving the Starwood guest reservation database when unknown persons gained access to hundreds of millions of guest records between July 2014 and September 2018.
- Filing a CPR 19.6 legal claim in the High Court on behalf of class representative, journalist Peter Jukes, against Facebook in respect of a loss of control over his personal data and that of other affected Facebook users in England and Wales. The claim alleges Facebook failed to comply with its statutory duties under the Data Protection Act 1998 when it allowed a third-party app called This is Your Digital Life to access not only the personal information of users who downloaded the app, but also the personal information of their Facebook friends – without their knowledge.
- UK litigation arising from allegations of unlawful disclosure of personal information, breach of confidence and related complaints.
- Representing a UK based technology and outsourcing organisation on several matters arising from breaches of licensing arrangements by employees and customers.
- Advising a leading telecoms provider on disputes arising from the construction of a pan-European telecommunications network.
- Advising on disputes relating to a troubled IT implementation in the mobile phone sector.
- Acting on data protection and breach of confidence disputes for a mobile phone company.
- Several customer facing, contractual disputes for telecommunications companies including performance complaints and termination issues.
- Advisory work on international dispute resolution strategies for a mobile phone company.
- Representing Electronic Data Systems (as was) in Airtours v EDS, one of the largest and most complex IT cases to come before the English courts.
- Representing EDS in relation to its high-profile dispute with HMRC over the performance of a new IT system to support tax credits.
- Acting for a global vendor on matters arising from a large-scale IT services contract in the transport sector.
- Representing a leading New Zealand software company in litigation arising from distribution arrangements in the UK.
- Public sector, customer side advisory work relating to large-scale technology projects including the London Congestion Charging Scheme.
- Several customer side matters arising from troubled ERP implementations.
- Representing Internet businesses in relation to troubled app and agile development projects.
- Advisory and dispute resolution work in relation to a large tech transformation programme in the financial services sector.
WHAT OTHERS SAY
Legal 500 UK, 2019
‘… intelligent, thoughtful and pleasant to work with’ and a lawyer with ‘extremely sound judgement’.
CDR Magazine, 2019
... the highly experienced Michael Bywell brings with him considerable IP litigation nous and will add seasoned value.