Brian Miller

Corporate & Commercial Solicitor

Background

I am a highly experienced, commercial and practical lawyer in all matters relating to artificial intelligence, information technology, data protection, intellectual property, interactive entertainment, commercial law, share buybacks and share for share exchanges.

I have worked extensively on technology contracts and outsourcing arrangements, as well as the more traditional development, publishing and licensing arrangements and advised extensively on data protection related matters.

I am an expert in the field of artificial intelligence, acting as consultant legal counsel to a leading international SaaS business providing translation services to businesses worldwide and to an international conversational AI software business that enables organisations operating in regulated industries harness the power of generative AI safely in order to automate the majority of its online interactions.

I am also an expert in the field of interactive entertainment, having been formerly Head of Legal Affairs at Virgin Interactive Entertainment, as well as Acting Head of Legal at Computer Artworks Limited and Acting Group Legal Manager at Sega Europe. I have also worked extensively with charities and in the public sector and was formally IT Counsel at NSPCC and Portsmouth City Council.

Experience

  • Artificial intelligence and the impact of IP and data protection
  • Software development and publishing agreements
  • System supply, support and maintenance agreements
  • Website and e-commerce terms and conditions
  • SaaS agreements
  • Trade marks, copyright and design rights
  • Data protection, data privacy and data security
  • Distribution agreements
  • Franchising agreements
  • Framework agreements
  • Warehousing agreements
  • Licensing agreements
  • Standard terms of trade
  • Master services agreements
  • Affiliate commission sharing agreements
  • Share for share exchanges and share buybacks

Experience Highlights

Drafting/advising (on)/negotiating/preparing (as applicable):

Artifical Intelligence Advice

  • drafting collaboration agreements between a provider of conversational AI automation software and two insurance industry technology partners
  • a leading provider of machine translation services on AI, IP, data protection and commercial matters

Data Protection Advice

  • a financial services provider on the data privacy and data protection implications of entering into various outsourced services agreements with service providers
  • drafting standard and replacement contractual clauses for providers transferring personal data outside of the UK and EEA
  • numerous charities and educational establishments on data protection, data breaches, data security and other information law related matters
  • a major national hotel chain on the use of facial recognition software for individuals entering a restricted area
  • processing of special category data as part of the provision of therapeutic software services
  • international data protection and direct marketing issues affecting the business of a major producer of bicycles
  • a full data protection audit of a credit union intermediary for due diligence purposes in order that it might obtain a new round of funding
  • a detailed ROPA (Record of Processing Activities) analysis for an international manufacturer of specialized diagnostics
  • a top six accountancy firm on the terms of a platform agreement for bundling and distribution of financial data
  • a multi-national auction house in relation to data sharing and international data transfers
  • a major campaign for the delivery of the GDPR Gap Analysis product to a large database of potential clients who may require this service

IT/Software/Hardware

  • an AI software developer in its joint venture with an insurer for the development of an advanced chatbot to handle insurance claims
  • terms of a master agreement for the provision of software and support
  • service level agreement for provision of software certification services
  • online terms and compliance documentation for the launch of a new luxury watches portal
  • outsourcing agreements for debt recovery, call centre and customer services, software provision and technical support
  • various licences and assignments for a new product launch in the UK by an Italian company using artificial intelligence
  • a Software as a Service (SaaS) Agreement for the provider of a cloud-based bookkeeping service
  • terms of an Inter-Firm Technology Licensing Agreement between an umbrella company of a top six accountancy firm and each foreign entity
  • development, framework and other IP licences for production and/or publication of digital media

Intellectual Property

  • an explosives detection service provider and manufacturer on the retention of background IP in relation to the sponsorship of university students writing theses about explosive detection
  • assignment of rights in software forming part of a business sale
  • charities and schools on passing off, copyright infringement and defamation (usually on social media and the web)
  • three inventors on the exploitation of patents and profit sharing, including the negotiations of rights with a major producer of hygiene and personal care products and their former University employer
  • IP/IT due diligence on sale and purchase of (i) various public houses of a well-known brewer and (ii) a number of developer contracts for the commission of CRM software and development of a complex web portal for a well-known charity

Corporate/Commercial

  • manufacturing and R&D agreements for production by foreign manufacturer of devices for detection of explosives
  • share buybacks and reorganisations
  • assisting on due diligence for sale and purchase of small, medium and large enterprises
  • online consumer terms of sale for a game hosting company
  • terms of supply for the aggregation of financial and investment data from numerous data suppliers and investment houses
  • customer SaaS agreements between an RPO (recruitment process outsourcer) and the MOD, various police forces and private banks
  • terms of business and other documents for a new car leasing start-up

Interactive Entertainment

  • computer games developer on the terms of a Master Services Agreement with its hosting company
  • terms of various development and publishing agreements on behalf of leading games developers and publishers
  • terms of completion bonding documentation on behalf of banks in relation to computer games
  • a games publisher in relation to the terms of its (MMORPG) online gaming agreements for worldwide exploitation
  • publishing, licensing, distribution, online gaming, non-disclosure and other related multimedia agreements
  • terms of an international distribution agreement between a parent company and its subsidiaries

Testimonials

“We asked Gannons to write a new contract for one of our business processes. Brian Miller has written a great contract for us, taking into account our brief and all of our special requests. The work was done in a quick, efficient and responsive way with good and clear communication and fair pricing. I am happy to recommend Gannons to other business colleagues.”

“I commissioned Brian from Gannons to draw up a service agreement for a large scale project which is being undertaken by my company. Not really having any prior knowledge of contractual law and contracts, I found Brian and his service incredibly helpful and straightforward. Great communication and a prompt turnaround helped me get the contract in time. I will be using for further contract in the future.”

Publications

  • Sex, Violence, Addiction & The Law (EzineArticles.com)
  • The Psychological and Physical Effects of Playing Computer Games (MCV Magazine)
  • Design: the Devil is in the Detail (.Net magazine)
  • Wrongs & Rights of Grey Importing (Fashion Business Weekly)
  • Grey Imports- Not Such A Grey Area After All (MCV Magazine)
  • The Repackaging Dilemma: Or How To Avoid Being Injuncted When Dealing In Parallel Imports (MCV Magazine)
  • Beyond Manhunt (MCV Magazine)
  • Music in Computer Games (Develop Magazine)
  • Star Wars: your brand – maintenance and support or stagnation and decay? (MCV Magazine)
  • Piracy Begins at Home (Develop Magazine)
  • Can Violent Computer Games give rise to Legal Liability (Develop Magazine)
  • What’s the Story? A Judicial Oasis for Copyright Infringers (Solicitors Journal)