TMT
"Gilbert + Tobin has long demonstrated 'industry leadership' in the IT and telecommunications arena, thanks to its 'strong and responsive' team." APL500 2010
Gilbert + Tobin’s Corporate, Communications and Technology team offers integrated services for clients in the convergent fields of telecommunications, media, information technology and e-commerce.
Telecommunications
An internationally recognised force in telecommunications law, Gilbert + Tobin was intimately involved in the deregulation process in Australia.
Our seminal work in the Australian telecoms market made Gilbert + Tobin a vital resource for mobile operators, new ventures, incumbent carriers and governments across the Asia Pacific as national telecoms markets opened up to competition. The firm’s practice now enjoys global reach, with major projects completed in Europe, the United States, China, Japan, Singapore and more than a dozen other Asia Pacific countries from Bahrain to Vietnam. Emerging market development projects for the Asian Development Bank and the World Bank are an important aspect of our work, reflecting the intellectual rigour Gilbert + Tobin brings to every assignment.
Technology
We act in many of the Asia Pacific’s most prominent IT transactions. This, coupled with our deep understanding of complex IT projects, enables us to create contracts finely tuned to the specific risks of each project. Beyond contracting, we help manage risk in the implementation phase and provide strategic advice to assist clients in resolving all issues effectively.
Media & Content
Our team acts for leading players in the Australian market. Our media expertise covers the full spectrum of requirements from defamation to competition and regulation to corporate advisory work, including where media meets technology and telecommunications. In the content space, we have advised on licensing and distribution deals for a variety of technology platforms. Representative clients include those involved in the publishing, music, media, television, radio, advertising, gaming, gambling, video, interactive and online industries.
Our telecommunications services
- Access and interconnection — assisting in negotiating and enforcing agreements for competitive access to internet backbone networks, traditional telephony infrastructure, broadband technologies, wireless networks and associated facilities.
- Obtaining Licences — helping clients acquire and comply with telecommunications licences, including advising on strategic finance and tax arrangements for clients entering new markets.
- Networks and facilities — advising clients on commercially effective network and facilities deployment, including strategic finance, corporate structuring and taxation. Our experience includes innovations such as cable swapping, virtual networks and land-access arrangements.
- Corporate — negotiating joint ventures and alliances between telecommunications, media, technology and broadcasting businesses, including providing critical advice on strategic structuring, finance and tax as well as obtaining regulatory approvals.
- Regulatory — Gilbert + Tobin is diligent and aggressive in undertaking litigation and regulatory proceedings to enforce clients’ rights under access agreements, operating licences and competition law.
- Wholesale — helping facilities operators structure and negotiate commercial wholesale arrangements, including the sale of broadband capacity, virtual networks for mobile operators and capacity trading through bandwidth exchanges.
- Retail — helping clients ensure their retail arrangements comply with statutory obligations under telecommunications, competition, privacy and advertising law.
We take an active role in industry development through close collaboration with bodies such as the Communications Alliance Limited, formerly the Australian Communications Industry Forum (ACOMMS) and the Australian Telecommunications Users Group (ATUG).
Our technology services
- Outsourcing, procurement and business transformation — assisting clients in major procurement and transformation initiatives (including those involving outsourcing solutions). We work with clients throughout the transaction life in order to ensure alignment of the contractual documentation with the commercial and governance objectives of the client.
- Technology strategy — assisting clients extract maximum value from technology-based initiatives that affect corporate strategy, including outsourcing, business process improvement and complex systems implementations such as e-business systems and ERP or CRM applications. We minimise risk, safeguard intellectual property and ensure ongoing service levels fulfil business requirements.
- IT contracts — helping clients negotiate and enforce contracts covering all aspects of IT infrastructure, including acquisition of hardware, software and network services, software development, IT consulting services, hardware/software maintenance and technical support. We offer extensive experience in all aspects of tendering, including drafting and evaluating RFIs, RFPs and RFTs.
- Technology commercialisation — we work with clients to realise and enhance commercial benefits of their investment in technology and intellectual property on a long-term basis.
- Alliances and partnerships — we have extensive expertise in helping clients structure effective strategic alliances, research and development partnerships and other corporate arrangements, particularly for commercialisation of intellectual property. We also help IT firms define important business relationships such as distribution rights, non-disclosure/confidentiality agreements and international arrangements (including withholding tax, duties and other tax implications).
- Intellectual asset management — Gilbert + Tobin has an alliance with the US-based Intellectual Capital Management Group (ICMG) to offer clients comprehensive intellectual asset management services.
- Online banking — we help clients in banking and financial services draft and execute arrangements to mitigate risk and ensure optimal functionality in online banking.
- Gaming — we negotiate arrangements for wide-area gaming applications such as linked jackpot systems.
- IT dispute resolution — contractual disputes and other disagreements are especially complex in the IT world. Gilbert + Tobin’s specialised knowledge enables us to assist clients with solutions ranging from pre-litigation negotiations and innovative alternative dispute resolution methods to aggressive litigation in the courts.
We produce the online newsletter ICT.BIZ and provide in-house counsel with regular case law updates. Our Communications + Technology team also developed and authored the Software Legal Guide endorsed by the Australian Information Industry Association (AIIA).
Partners and Special Counsel
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Michael Caplan Tim Gole Bernadette Jew Deborah Johns | Peter Jones Peter Leonard Sheila McGregor Ken Saurajen | Bill Spain Peter Waters Cameron Whittfield |
Other Team Members
Contact
Peter Leonard
pleonard@gtlaw.com.au
+61 2 9263 4003