Litigation & Regulatory Team of the Year
Herbert Smith wins Litigation and Regulatory Team of the Year thanks to its work securing British Sky Broadcasting (BSkyB) damages of at least £272m from EDS following the botched installation of a customer relationship management (CRM) system. The firm was originally instructed by BSkyB in 2002, shortly after EDS was removed from its role as systems integrator. The challenge was to overturn a liability cap arranged at the outset of the deal that limited EDS' liability for damages to a maximum of £30m.
December 07, 2010 at 02:00 AM
2 minute read
WINNER: Herbert Smith
Finalists 2010: Addleshaw Goddard; Berwin Leighton Paisner; Bird & Bird; Herbert Smith; Hogan Lovells; Quinn Emanuel Urquhart & Sullivan
Herbert Smith wins Litigation and Regulatory Team of the Year thanks to its work securing British Sky Broadcasting (BSkyB) damages of at least £272m from EDS following the botched installation of a customer relationship management (CRM) system.
The firm was originally instructed by BSkyB in 2002, shortly after EDS was removed from its role as systems integrator. The challenge was to overturn a liability cap arranged at the outset of the deal that limited EDS' liability for damages to a maximum of £30m. In order to achieve this goal, the team, led by partner Ted Greeno, set out to prove that key personnel leading EDS' bid had dishonestly made false representations about the company's ability to design and build the CRM system within the anticipated budget and timeframe.
The subsequent trial lasted for almost an entire court year and involved the court sitting for 109 days of submissions and cross examination of factual and expert witnesses. Herbert Smith's team reviewed in excess of 500,000 documents and evidence from more than 70 factual witnesses in the course of the dispute.
In his judgment, which was delivered in January, Mr Justice Ramsey found that EDS was liable for deceit, negligent misrepresentation and breach of contract. He held that EDS had acted dishonestly in making false representations during the tender process and in advance of entering into the contract with BSkyB. The judges panel was impressed by the case's complexity, its wider significance on the technology market and the fact that the team had produced a superb result for its client.
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