Tactical Litigation - Case Studies

Tactical Litigation - Case Studies

You may be fulfilling your contract with another party, delivering on what you promised, but if the other party decides they want out, increasingly tactical litigation as "breach of contract" is their exit clause. Such litigation is often financially expensive and ruinous for business reputation.
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“Insurance brokers who understand and work with technology companies are a rare breed, to be highly recommended.”


Case Studies

Case Study 1

Hired to produce promotional material for a drink brand’s sponsorship of a European festival, the advertising agency created promotional packaging using an image of a 1960s model.

This agency sourced their picture from a reputable supplier of licensed stock photography. Unfortunately, once the promotional material was displayed on packaging at the event, the model’s legal team were soon in contact to claim that the image used was not subject to any image rights release. Their demand? A retrospective licence fee of $200,000 and a percentage of the multi-million profits of the brand.
The image licenser denied all liability and, in any case, the terms of the contract between them and the advertising agency limited any claim against the image licenser to $6,000. The advertising agency found itself facing the prospect of a substantial claim even if it was indirectly responsible, with little chance of recovering much of their legal costs from the image licenser

Read the full case study here.

Case Study 2

A software developer,  identified an opportunity to launch and market a new product focused on the financial services sector by offering the same functionality as an existing product but ‘doing it better’. The software product was to be developed on a new platform incorporating modern architecture, which required specialist development skills.

A team of developers was hired from a rival company which had a significant share and presence in the market. One of those developers emailed a number of software development scripts from his work email address to his personal Hotmail address a couple of days before leaving the rival company to join our client.

The initial investigation revealed that the email indiscretion could be explained. It also turned out that the scripts were open source, which means they were freely available in the public domain and not owned by the rival company.

The full case study can be found here.

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About La Playa Science & Technology

Specialist & Independent

Specialist & Independent

La Playa's specialist Science & Tech team can help you protect your business with smart, flexible, high-performance insurance - with a friendly human UI. We understand the risks and pressures you face - and we speak your language.  We’ll support you with great advice - helping you make good decisions for your business. 

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We also offer Business Protection (including Key Person Insurance) and Employee Benefits: a joined up approach with a team of advisers working for your best financial interests - all under one roof

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…from an expert who understands you

Tech-based business is 24/7, global and borderless, exposing you to new risks and liabilities - often in unfamiliar places. As the law struggles to keep pace with technology, insurance can provide a real safety net if you fall foul of changing legislation.

  • Specialist insurance for science and technology
  • Independent professional advice
  • Relationship-based service: right beside you when you make a claim
  • “Can do” culture

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What does “Boutique Service” actually mean?
La Playa’s Personal Risk Concierge means:

  1. dedicated adviser so you can speak to the same person each time
  2. Careful listening to really understand your needs and priorities
  3. As much help as you need with completing forms to provide risk information
  4. A discreet and complimentary appraisal* of your property to assess the risks and ensure you have the right cover where you need it
  5. An independent market review - so you don’t have to shop around comparing policies, cover limits, risks covered and smallprint exclusions
  6. Careful monitoring of the insurers’ financial strength, claims and customer service
  7. An independent recommendation of the best policy for you - and, importantly, why
  8. Specialist policy wordings from underwriters who have demonstrated excellence and deep understanding of your risk exposures. We have analysed a wide range of policy wordings and have selected only the best for our panel. Our advisers have a deep working knowledge of these policies 
  9. An intelligently designed portfolio of protection across multiple asset classes and territories
  10. Advice on how best to manage your risks - to keep you safe but also to keep insurance costs down
  11. Expert guidance on valuations, security and risk management, and connecting you with specialist advisers and suppliers
  12. Direct phone, mobile and email access to your adviser for questions and advice. We aim to respond to emails within 60 minutes
  13. Policy documents emailed to you - no logins and passwords to remember
  14. An advocate beside you if you make a claim - thinking laterally to mitigate the impact, making useful connections to get you back up and running; driving through to a swift and fair financial settlement

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Hanna Beaumont FIRM


Direct Dial: +44 (0) 1223 200664

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Email: hanna.beaumont@laplayainsurance.com

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