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"Perfect Storm" of EU Data Law Changes; New 2% of Global Revenue Fine Announced. Are you Ready?
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Rafi Azim-Khan
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“had more positive feedback than any other individual lawyer in our client research”
“excellent client feedback and a sensible commercial approach” – Insider’s Guides – E-Commerce.
“Rafi Azim-Khan is highly recommended for advising brand owners”
“exceptional, second to none,” “superb, creative and very knowledgeable” – Legal 500
“Depth backed by competence, responsiveness and flexibility”
Rafi Azim-Khan: “…a guru in the field” – Chambers Directory
Mr. Azim-Khan is head of Pillsbury’s Intellectual Property, Information Technology and Data Privacy Practices in Europe. He also leads the Marketing Law team. He was previously an IP Partner in the London office of major UK firm Wragge & Co, where he was head of the E-Business and Marketing Law groups. Prior to that, he was an IP Partner at McDermott Will & Emery and head of E-Commerce.
Mr. Azim-Khan has considerable experience of advising on a wide range of EU and international IP, regulatory and commercial matters for over 20 years, particularly new product launches or entry into new markets, IP protection/disputes, data protection, marketing law, regulator dealings and contracts. Sector experience includes IT, media, fmcg, food, healthcare, travel, automotive and defense. He has built a leading reputation (listed as a “leader” in brand and advertising law since 1994 and as one of the UK’s “Digital Dozen” e-commerce and data protection specialists) for his high level, strategic and cutting edge advice (on a UK and international basis) for many well-known multinational clients including GE, GM, Ford, Jaguar, Land Rover, Aston Martin, Freeserve, Motorola, British Bankers’ Association, Adaptec, Coca-Cola, Cadbury Schweppes, Shell, Camelot, Virgin, British Airways, Delta Airlines, News International, Energizer, Wilkinson Sword and Starbucks.
Described below are some of Mr. Azim-Khan’s areas of practice:
Intellectual Property: As head of the IP/IT practice in Europe, Mr. Azim-Khan regularly advises on a wide range of IP issues, particularly relating to new brands, products or new technology. He has advised on numerous high profile intellectual property issues during the past two decades (both litigation and commercial), including leading matter experience of passing off (including the “Jif” lemon House of Lords case), copyright (James Bond 007 franchise, photographic, music, TV, film, Guinness “Dancing Man” case, deep linking), trademark/brand issues (Easy Jet domain disputes, the rebrand of Daewoo as Chevrolet), London 2012 Olympics rights (including advising city of London on new law and IOC dealings); creation/protection of IP (convergence, TV and software patents & TM portfolios for the UK National Lottery/Camelot), ECJ “Bubbles” case O2 v 3 (exploring the boundaries of the EU TM and Comparative Advertising Directives) and database rights (Formula 1).
Data Protection, E-Commerce & Internet: Mr. Azim-Khan is leader of the Data Protection practice in Europe and has been ranked since the late 1990’s by Legal 500, Chambers Global and Insider’s Guides as one of the leading “digital” lawyers advising on data privacy, social media, internet and e-commerce issues. He has advised on over 100 website/mobile ventures as well as numerous multinationals (e.g. GE and GM) on the full range of data protection laws and enforcement issues, conducting full legal website, privacy policy, privacy document and process “audits”, data transfers and breach advice, Safe Harbor, MCCs and BCRs, major ISP start-ups, B2B and B2C exchanges and auctions, e-partner agreements site creation and disclaimers, pan-EU online contracting, jurisdictional issues, net-shopping and marketing, net-betting/gaming, public key infrastructure, digital certificates and net-security. Mr. Azim-Khan advised on the set up and launch of the UK’s first Internet-only insurance products, one of the UK’s first fully interactive digital TV/Web portal commercials and websites selling cars direct from manufacturer to consumer for the first time. He has co-authored numerous books in the area including eBusiness: The Practical Guide to the Laws.
Marketing & Advertising Law: Mr. Azim-Khan is ranked in the highest band (Band 1) by Chambers Directory and has been ranked a leader for almost 20 years in marketing law. He is also Chair of the Advertising Law Group. He has considerable experience advising both advertisers and agencies on best strategy to compete or launch products, contracts, commercial issues, overcoming difficult regulator problems (ASA, OFT, Trading Standards), “clearance“ of materials and marketing law and regulation both above and below the line. He has also advised, on a wide range of sale promotions and sports related deals (e.g., France ‘98 World Cup, London 2012 Olympics), prize competitions, lotteries, newspaper and-television promotions (e.g. UK’s: first £1 million prize promotions), formats, terms and conditions. Mr. Azim-Khan has particular experience in global and pan-EU marketing campaigns, new brand/product launches and comparative advertising disputes (e.g. global launch of Wilkinson Sword/Schick Quattro razor and successful conclusion of multi country disputes with Gillette, launch of new airline websites and services such as for British Airways and Delta Airlines).
Commercial & Contracts: On the outsourcing, procurement, government contracting and commercial contracts side, Mr. Azim-Khan has significant experience, including advising BAE Systems on numerous outsourcing and data protection issues relating to the creation and operation of the Xchanging JV and its global HR and IT sourcing, as well as advising Shell on sourcing and commercial contracts aspects of a new business model. He has substantial public procurement experience of selling to and contracting/dealing with government (e.g. DOH, MOD, Catalist, OGC Buying Solutions) and has also advised on numerous agency, distribution, services, publishing and other agreements and trading/end user terms and conditions. On the defence side he also has experience of dealings with the U.S. Defense Dept, DSCC, security clearances, international aspects of foreign ownership and control and on the EU side the specific procurement rules and authorisation requirements.
Mr. Azim-Khan is a prolific writer on the subjects of IP, data protection, e-business and marketing and a regular speaker and columnist (contributed to the FT, Evening Standard, Bloomberg, Electronic Business Law, PLC and Commercial Lawyer).
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Chambers UK , Media & Entertainment: Advertising and
Marketing—National and London (2011, 2013) - Legal 500, Telecom, Media & Technology (2010-2012)
- Legal 500 UK, Telecom, Media & Technology (2010)
- PLC Which Lawyer?, TMT: Technology—UK (2009-2012)
- Super Lawyers, Computers & IT Law (2013)
E-Commerce Law Group, Advertising Law Group (Chair), IBA, Law Society, British American Business (Chair Law Forum)
IT & Data Protection – Catching Up With Change, Legal Week, 2013
A Perfect Storm of Data Law Changes: Are You Ready for a 2% of Global Turnover Fine? BritishAmerican Business’ Network, 2012
ICO's First Authorisation of BCRs Using Mutual Recognition Policy, WDPR, 2009
Safer Internet: EDPS Opinion on Protecting Children, Data Protection Law & Policy, 2008
Ad Law, IPA, 1st and 2nd Editions, Co-Authored, 2005 and 2008
E-Business—The Practical Guide to the Laws, Spiramus, 2nd Edition, Co-Authored, 2008
Encyclopedia of E-Commerce Law, Sweet & Maxwell, Co-Authored, 2006
International Sales Promotion Manual, PLC Cross Border, Co-Authored, 2002
E-Commerce from Cradle to Grave, City and Financial, Co-Authored, 2001
A Practitioner's Guide to Regulation of the Internet, City and Financial, Co-Authored, 2000

