Digital Law Litigation
IT projects litigation
Computer projects are not always a long, quiet river...
We have seen this on several occasions, by intervening in cases relating to different types of specific development projects (ERP, mobile or e-commerce applications; Intranets, etc.), in which trust between the client and the service provider fell apart as the difficulties accumulated.
If the service provider is bound by an obligation of result when the scope is well defined; or at least by a "reinforced" obligation of means; the client must also collaborate actively in the project, according to well-established case law.
In this type of litigation, we can advise and assist the company, whether the client company is dissatisfied or the service provider is unable to complete its project, and the client claims for compensation.
Our intervention consists of taking the necessary measures to preserve the client's rights (for example, by having a judicial expertise carried out before any trial), and taking the necessary pre-litigation steps (formal notices, intervention of the liability insurer, transactional discussions), in order to reach the quickest possible settlement of the dispute, preferably by amicable means.
When necessary, we initiate the appropriate proceedings before the competent Courts in order to obtain, as the case may be, the termination of the agreement and compensation for the damage suffered and/or the payment of the sums due under the project.
We also defend our client's rights against unlawful actions on the Internet: defence of intellectual property (infringement actions), but also, of the "e-reputation" of the company or its manager, (requests for dereferencing or removal of illegal content), or issues of image rights.
In this area, pre-litigation procedures are often effective, particularly because of the specific remedies offered by French and European law.