Any lawyer in the technology sector is likely to have scratched
their head at some point on whether or not "special
damages" are something they should be worried about. The
weighty presence of US companies in the technology market means
that UK technology lawyers – and in fact anyone
downloading a piece of software from the US – are likely
to come across contracts which are either governed by US law, or
have been adapted from US contracts. Often these are filled with
slightly unfamiliar terminology, and may contain terms which would
never stand up in a UK negotiation, let alone a UK court.
With this in mind, we've joined forces with Garry Berger, a
technology-focussed attorney based in Connecticut with Berger
Legal, to explore some of the similarities and differences in the
way that key legal issues in IT contracting take shape here and in
the US. These will obviously differ from one state to the next and
so the following is to be read through that lens, but
