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Lessons Learned from Failed IT Projects

May 27, 2020

Many large scale IT projects fail and some of them end up in litigation. This session will delve into reasons why IT projects commonly fail, the unique risks associated with IT projects and how, from a legal perspective, to best to position an IT project for success and avoid disputes.  The panel will draw upon their IT project experience and discuss select case law to illustrate common pitfalls and tease out lessons of value to help lawyers better structure IT projects and improve their IT project contract drafting.


David Crane, McCarthy Tetrault, Canada
David Crane is a partner in the Information Technology Law Group of the Vancouver office of McCarthy Tétrault LLP, a Canadian law firm. His practice focuses primarily on complex commercial transactions involving technology and intellectual property, including outsourcings, IT systems development, integration and implementation projects, inbound and outbound technology licensing, cloud (SaaS, IaaS, PaaS) services agreements and strategic alliances. With a deep understanding of the issues that can arise with IT projects, David helps clients structure IT project contracts for success and protection against project failure, and when problems occur, he brings innovative solutions to get projects back on track.


Adam Chernichaw, White & Case LLP, United States
Adam advises clients in structuring complex (and often innovative and transformative) technology and service transactions to help execute their strategic goals, to safely protect their assets, and to avoid potential pitfalls across multiple jurisdictions.  He represents a variety of global businesses across a number of industry sectors including financial services, social media, life sciences, food services, commercial airlines and telecommunications. For over fifteen years, Adam has had a particular focus in the financial technology (fintech) sector, usually representing buy-side institutions and users of fintech products and services. Adam also assists businesses in the sports, leisure and entertainment industries.


M. Gerogia Gibson Henlin, Henlin Gibson Henlin, Jamaica
M. Georgia Gibson Henlin is a Queen’s Counsel at the Jamaican bar.  She is also called to the bar in Ontario, Canada and New York.  She is also an Information Privacy Professional.  She is a partner in the law firm of Henlin Gibson Henlin, Kingston Jamaica with a satellite office in Brampton Ontario and plans for a New York office in the near future.  She is graduate of the University of the West Indies, Mona and Cave Hill campuses and The University of Toronto in Canada where she completed her Masters in 2002 in innovation law and policy.  Since that time she has worked in the areas of information and communications technologies, commercial litigation, intellectual property and issues relating to cyber and data security.  She is also a fellow of the Chartered Institute of Arbitrators. Georgia is a member of the Jamaican Bar Association, the International Bar Association, the American Bar Association, The New York Bar Association, The International Trademarks Association and The International Technology Law Association. 


Truiken Heydn, TCI Rechtsanwalte, Germany
Truiken Heydn specializes in conflict management (litigation, arbitration, mediation) with a focus on IP/IT and other technology related disputes. She has more than 20 years experience with disputes relating to failed IT projects. Landmark cases handled by Truiken Heydn include the well-known European Court of Justice “UsedSoft” case as well as the “Qimonda” cases concerning licenses in insolvency.  Truiken Heydn is a partner and co-founder of TCI, a boutique firm specialized in Technology, Communication and Information law. From 1997 through 2007 she was first an associate and then a partner with Baker & McKenzie in Frankfurt, Dallas (Texas) and Munich.