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Nicola Borthwick, Senior Associate

Nicola has experience at a management level of all aspects of dispute resolution including pre-action advice, mediation and litigation.

Summary

Nicola has experience at a management level of all aspects of dispute resolution including pre-action advice, mediation and litigation. Nicola's particular areas of specialism are contentious intellectual property (trade marks, design and copyright) and breach of confidence claims where she has experience of advising clients from a broad range of sectors such as renewables, fashion, food and drink, leisure and manufacturing. Nicola also advises clients in the technology industry, particularly in relation to distressed IT delivery contracts and IT-related disputes.

Nicola is currently part of the team acting for World Programming Limited (“WPL”) in the well published action of SAS Institute Inc v. WPL in which SAS claimed that WPL had infringed SAS copyright in its software by WPLs attempt so reproduce the functionality of SAS’ software.

Nicola is also acting for a large datacentre client in respect of an action brought against it for breach of contract by a former customer and the client’s counter-claim for wrongful termination of the agreement.

Nicola is admitted to practise in Scotland.

Experience highlights

  • Acted for an international software company in a multi-million pound dispute regarding its delivery of a software and IT contract to an authority
  • Acted for an international technology company specialising in the delivery of software and related services in respect of the infringement of its trade marks and trading style (registered trade mark infringement and passing off) by a software company
  • Acted for a multi-national renewables copy in asserting copyright infringement of its planning application in respect of a wind farm by a renewables consultancy representing competing interests
  • Acted for a specialist mechanical services offering services to the oil and gas sector in respect of claims asserted by a competitor for breach of restrictive covenants through "employee poaching" and misappropriation of proprietary information and inducing former employees to breach their obligations of confidence
  • Acted for a Scottish-based oil and gas exploration and production company in defence of a breach of confidence claim brought by a renewables consultancy in relation to an allegedly confidential idea for a large-scale wind farm
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