James Seadon

With two decades of experience, I help clients resolve high-stakes technology and IP issues. In technology work I rescue failing business transformation projects or litigate the fallout. I handle hostile software audits. I'm a first responder to data security incidents, whether they threaten personal data or "crown jewels" trade secrets and confidential information – or all of these. I secure urgent injunctions and have represented clients all the way up to the Supreme Court, but resolve many disputes pragmatically without trial, such as in mediation.

I was in-house IP and data protection counsel to a multinational telco in the mid 2000s and have continued to work at the sharp end of privacy law, primarily in cybersecurity and data protection litigation. 

My IP work covers copyright, database rights, confidential information, trade secrets, designs and trade marks. My brand protection expertise extends to the franchising sector. I relish challenges at the intersection of IP and tech, including emerging technologies such as AI. 

I've taught law (particularly copyright), to masters students in the University of Cambridge Institute of Biotechnology and delegates on the Music Publishers Association's induction course. I'm active in professional organisations. 

Technology

I have represented clients in high-value disputes against IT service providers both within the UK and internationally.  I'm currently representing a private sector business in TCC litigation against a leading IT services consultancy concerning a terminated business transformation project.​​

I advised executive agencies of a Government department on their recovery from a leading business consultancy of substantial damages arising from the contested termination of a project to develop and implement a case management system.  The dispute was resolved in mediation. 

I advised a household name business on its early disengagement from a business transformation programme which a leading professional services company was failing to deliver on time and to budget.  The matter was successfully concluded via a confidential settlement agreement and further Statement of Work for transition services. 

Intellectual property

I have been representing Altana Wealth and other parties in long-running litigation in the High Court in London.  Proceedings were brought against my clients following the dissolution of a joint venture in the financial services sector.  The claim (the trial of which was heard in October 2024) features allegations of misuse of confidential information and trade secrets, copyright infringement and breach of contract.  Several interlocutory hearings have led to reported judgments, including a successful application by my clients to compel the claimant to rewrite its trial witness evidence (at its own cost) for failure to comply with procedural rules.  See IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) (30 August 2024) for that judgment. 

I represented the fashion business Oh Polly and related parties in defending proceedings brought by House of CB, including – unusually – a damages inquiry.  The dispute was the largest designs case to reach trial in England in the sense that infringement allegations concerned UK unregistered design right and unregistered Community design said to arise in over 100 garments (of which damages were payable on only 20) and my clients successfully defended a substantial passing off claim.  The case was widely reported, including for making new law on the question of additional damages.  I am currently helping Oh Polly defend its own design rights in litigation against the well-known disruptor Shein. 

I was part of the team that successfully represented Ordnance Survey on one of the largest database rights cases in the UK [77M Ltd v Ordnance Survey Ltd [2019] EWHC 3007 (Ch)].

Data protection

I represented a public sector organisation in litigation against a secure data processor who had failed securely to dispose of IT equipment containing special category personal data.  The dispute was resolved on confidential terms in mediation.

I advised Conduent on its response to the discovery that information purporting to relate to its past and present employees was among that misused by bad actors in incorporating a large number of fraudulent companies via Companies House.  In groundbreaking litigation we secured the removal of the misused information from public records, which led to the companies being dissolved. 

I defended a globally known organisation in litigation brought by a data subject seeking the rectification of records and damages for the alleged mishandling of personal data in connection with recruitment processes.  The factually complex and sensitive dispute was ultimately resolved on confidential terms in mediation.

Cybersecurity

I advised a globally famous professional sports organisation on its response to and remediation of a data security incident caused by a phishing attack.  In addition to general support over many months I advised on the sensitive handling of press enquiries and notifications to large numbers of data subjects, as well as managing the subsequent regulatory investigation and defending coordinated claims threatened by data subjects.  No regulatory enforcement action was taken, and the threatened claims were all deterred. 

I supported a multinational telecommunications company on its response to and remediation of a complex data security incident.  The threat actors infiltrated sufficient systems that reports were made in around 20 countries to personal data, financial services and telecoms regulators.  I worked with technical specialists to help my client carefully restore servers and infrastructure from backup over a period of several weeks. 

Franchising

I successfully represented Carewatch Care Services Limited in High Court litigation concerning a franchising dispute in the domiciliary care sector.  My clients were granted a permanent injunction to enforce both restrictive covenants and step-in provisions in the franchise agreement, and were entitled to damages against all of the defendants for their breach fo contract.  [Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors [2014] EWHC 2313 (Ch)]

I represented ChipsAway before the High Court and Court of Appeal, overturning a challenging High Court decision where the judge at first instance had misinterpreted a post-termination restrictive covenant in favour of a former franchisee.  The successful appeal allowed my client to protect its goodwill until a replacement franchisee could be found.  [ChipsAway International Ltd v Kerr [2009] EWCA Civ 320].