- Advised Cathay Pacific on its licensing and implementation of a new business-critical enterprise resource planning system. This complex transaction involved the issue of an RFP, assessment of responses, and detailed negotiations with the software licensor and implementation partner within a tight timeframe.
- Advised a major foreign insurer on its options in relation to offering life insurance policies in Australia. The advice considered in depth the distinction between life and general insurance policies in Australia and restrictions on foreign insurers offering policies in Australia.
- Conducted a data privacy compliance audit for Marriott International Inc. The audit process involved interviewing staff from all sections of the business to build up a comprehensive picture of the collection and handling of personal data, and then advising on areas of potential non-compliance and recommending remedial actions.
- Prepared terms and conditions for a new online marketplace for artwork by Hong Kong-based start-up Ostendo Art. Separate terms were required for buyers, sellers and general website users, as well as privacy notices and policies.
- Advised MCM Entertainment Group in relation to the expansion of its media business on to the Internet, including streaming rights agreements with the four major record labels and the development of the Movideo streaming platform.
Nicholas is a Special Counsel in Kennedys’ Melbourne office specialising in data privacy and cyber insurance law. He also advises on general commercial and corporate matters and technology procurement.
He is dual qualified in Australia and Hong Kong and was based in Kennedys Hong Kong office for six years until relocating to Melbourne in 2017. He continues to work with clients in Hong Kong and the APAC region and leads Kennedys’ APAC cyber risk group.
Nicholas specialises in advising on data protection law, including conducting data privacy compliance audits, advising on direct marketing practices, and responding to complaints and access requests. In particular, he has considerable experience in responding to cyber incidents and data breaches, including notifying breaches to regulators and affected individuals. He helped develop Krisis, Kennedys’ cyber incident response service.
He also advises on a wide range of general commercial transactions and corporate issues including joint ventures, corporate restructuring and shareholder agreements. He advises on insurance wordings and coverage issues, as well as insurance regulatory issues. He has prepared and advised on cyber insurance wordings for several major insurers.
Nicholas’s technology law experience includes advising on information technology projects and electronic commerce ventures of all sizes. He has advised public companies on the procurement of enterprise resource planning systems and tech startups on terms and conditions for their websites. He also provides intellectual property advice and has extensive experience advising media companies on the licensing of copyright material.
Nicholas has gained industry experience from in-house roles at MCM Entertainment, Foster’s Group, BP Australia, Linfox, the Communications Alliance and NBN Co.