Amber Strickland

Technology

• Amber has experience of working on both developer and client side, following disputes arising out of development and outsourcing service contracts. For example, she worked for a large international consulting and IT services partner following a dispute which arose out of the delivery of an Agile software development project. She developed an understanding of how these projects work and the provider and client expectations. The claim resulted in successful outcomes including a costs order in the client's favour at the case management conference, a successful summary judgment application which narrowed the issues in dispute and a challenge to claims for privilege which allowed the client to see 80% of the material over which privilege had been claimed.
• Amber advised an automotive technology company in a dispute against a South Korean vehicle components company following allegations that defective parts had been supplied and installed in thousands of vehicles prior to launch. The parties were in dispute as to the nature of the defect, the responsibility for the defect and the appropriate solution. The contract was governed by the laws of the state of New York and the products had been delivered to South Korea and so both American and South Korean lawyers were engaged. Amber coordinated the international approach and corresponded directly with the vehicle components company making both technical and legal arguments in defence of the client's position. The matter played out over a short timescale in advance of the vehicle launch and was resolved commercially without recourse to litigation and with no delay to the launch date. The working relationship between the parties was also preserved and there was no reputational damage.
• Amber is familiar with software licence agreements having acted on both sides of disputes arising out of failed licensing arrangements. She has acted on several occasions for an international software licensing company following disputes with licensees over scope of the licence or exclusivity arrangements. All of these disputes have been resolved successfully without reputational damage and without compromising the client's IP or other rights.

Data Protection and Cyber Security

• Amber acted for a large aerospace company following the theft of confidential and top secret restricted military information by a former employee. She also acted in similar circumstances for an automotive company when an employee stole confidential designs from its innovation centre after resigning and taking a job with a competitor. In both cases Amber prepared urgent without notice injunction proceedings. All of the information (and copies) were retrieved and in one case the employee was restricted by Court order from working for the competitor company. The swift and decisive action meant that the confidentiality of the information was preserved and that reputational damage was avoided.
• Assisting and advising major corporates and pension scheme trustees in the immediate aftermath of a cyber attack and to conclusion of the incident investigation. Amber has experience of dealing with incident management, notification to relevant regulators and other authorities, communication with third parties and employees, advising on response to ransomware demands and managing internal and external forensic IT teams in relation to investigation and data recovery. By way of an example, Amber acted for a large pension scheme following an attack on a third party which resulted in loss of scheme assets. As well as managing the response to the attack, Amber wrote to the third parties in question and liaised with the police in order to recover the stolen assets (by way of settlement from the third parties and by way of recovery by the police).
• Advising on prevention of cyber security incidents and response to cyber security incidents in advance of the incident taking place. Including review of third party contracts to ensure that the technical measures and controls which they have in place are suitable, putting in place a robust and workable cyber incident response plan and organising a "dry run" of the cyber security incident response plan.
• Following a cyber-attack on a large corporate in Dubai, advising on contractual obligations to a third party in a contract which was governed by English law. Working with colleagues in the Dubai office to manage the relationship with the counterparty and the forensic IT investigation into the incident.
• Advising in relation to civil claims arising out of data breaches including claims involving multiple claimants (with the potential for group litigation). Where necessary, Amber tailors the approach to the value of the claim (which is often low) and ensures that the response is proportionate and effective in-line with the organisation's objectives. Amber has given clear advice on the merits and developed the litigation strategy accordingly in order to avoid litigation and resist any settlement payment as appropriate. By way of any example, Amber acted for a data controller following a cyber-attack on a subcontractor which led to data being exfiltrated and multiple claims. Amber advised on the merits and quantum and developed a template letter of response which could be populated at the pre-action stage to save costs.
• Amber advises industry and government bodies on the application and impact of recent changes to cyber security legislation in the UK and comparative legislation in the EU. She provides clear guidance to duty holders and helps clients understand the impacts on business operations. She also supports compliance efforts by providing practical checklists to assist with gap analysis for current and future projects.

Energy

• Amber acted for one of the largest offtakers in the world following a dispute in respect of a power purchase agreement. Amber immersed herself in the client's business and the market in order to successfully manage the disclosure, witness and expert evidence.
• Amber acted for a multiservice utility provider following a dispute with a big six energy supplier arising out of the interpretation of the change in law provisions in the power purchase agreement following a change in law by Ofgem. The dispute was referred to expert determination and Amber made submissions to the expert which led to determination in her client's favour that there had indeed been a change in law.
• Amber acted for a business to business energy provider in a dispute arising from termination by her client of multiple unprofitable contracts with businesses made by third party intermediaries. The businesses threatened litigation in an attempt to restore the contracts which would have resulted in the supply by the client of significantly cheaper energy than would otherwise be available on the market. Amber successfully defended against the claims without recourse to litigation and without payment by the client to any of the potential claimants.