I undertake the following types of work:
(i) Practical and clear written advice to governments and businesses, including entrepreneurs and inventors that devise new software applications and products, and who want advice regarding the admissibility of their product in legal proceedings.
(ii) Advice generally on banking, digital evidence, electronic signatures, e-signature products, identity and authentication, security, data protection and related matters to online trading.
(iii) Non-contentious advice and statements to solicitors, in-house counsel, and lawyers in other jurisdictions.
(v) Legal advice for the investigation and collection of digital evidence across jurisdictions.
(vi) I also have experience of organizing seminars and fact finding events for business and governments.
ATMs, debit and credit cards, on-line banking
I advise generally on ATM and internet banking cases, and on the negligence of the bank when money is withdrawn from an account or taken from a credit card as part of a complex fraud.
I represented Mr Job in an electronic signature case in respect of PINs and ATMs in Job v Halifax PLC (not reported) Case number 7BQ00307; date of trial: 30 April 2009; date of judgment: 4 June 2009, the full judgment and a commentary by Alistair Kelman can be found in the Digital Evidence and Electronic Signature Law Review, 6 (2009) 235 – 245
Electronic signatures, identity and authentication
I have advised governments and businesses on the following:
(i) legal requirements of electronic signature laws in all major centres of commerce and jurisdictions;
(ii) admissibility of digital evidence and binding legal effect of electronic signatures;
(iii) integration of electronic signatures to acquire products and services in a number of jurisdictions;
(iv) audits and assessments of electronic signature programmes by businesses;
(v) electronic gateways constituting legally means to form contractual relations;
(vi) binding use of electronic signatures with indemnities and guarantees.
More recently, I provided advice to a commercial client on the legal and regulatory factors affecting the use and acceptance of e-signatures in commerce; the extent to which electronic signatures are used today, and in what manner; standardization of technologies and authentication and identification methods; admissibility of electronic records in courts of law; cultural factors that may affect adoption of electronic signatures and records and case law, including admissibility standards for electronic records and signatures in the following jurisdictions: England & Wales, France, Germany, Ireland, Netherlands, Russia; Australia, Hong Kong Special Administrative Region, People’s Republic of China, India, Japan, South Korea, Singapore, New Zealand; Canada and Mexico.
I have advised the legal profession, global businesses and governments on electronic evidence and electronic signatures. In particular on:
(i) legal analysis (admissibility, weight, resolution of problems) of software products for inventors, businesses and vendors;
(ii) the legal implications of tendering copies of e-mails, rather than tendering the entire e-mail;
(iii) admission of electronic evidence into legal proceedings;
(iv) challenging the weight of electronic evidence;
(v) advising the binding effects of electronic gateways;
(vi) authentication, retention of electronic documents; e-mail and internet use policies; security policies; interception and monitoring of communications and data protection.