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  • Patrick Gunning

    Partner
    Sydney
    T: +61 2 9296 2170
    M: +61 418 297 018
 

 Professional Biography

 
  • Patrick Gunning advises on a wide range of commercial and corporate transactions, with an emphasis on transactions involving material technology or IP. He has particular expertise in the gaming and health sectors and counsels clients on regulatory issues relevant to those sectors. Patrick’s practice extends over the full life cycle of projects, and includes assisting clients to resolve disputes.

     

    The Chambers Global guide to leading business lawyers has described Patrick as "an extremely impressive lawyer" (2009 edition) who has “an excellent knowledge of technology and supports clients with practical advice on any contentious issues” (2008 edition). Intellectual Asset Management's guide to the World's leading patent and technology licensing lawyers (2011) described Patrick a “excellent, with intelligence, curiosity and the ability to find a practical application for the law to business goals, as well as being always responsive and available."

     

    Patrick has been recommended in the following publications (all based on client and/or peer surveys):

    • Chambers Global
    • PLC Which Lawyer?
    • Euromoney's Expert Guide to the World's leading Technology, Media & Telecommunications Lawyers
    • Australian Legal Business Guide to Technology, Media and Telecommunications
    • IAM Licensing 250 - The World's Leading Patent and Technology Licensing Lawyers
    • Who's Who Legal
    • Best Lawyers
 

 Experience

 
  • 1990: Bachelor of Science, Bachelor of Laws, University of NSW
  • 1993: Senior legal research officer, High Court of Australia
  • 1994 - 2001: Solicitor and Senior Associate, Mallesons Stephen Jaques, Sydney
  • 2002: Partner, Mallesons Stephen Jaques, Sydney
 

 Recent Matters

 
  • Outsourcing agreements - Patrick has broad experience in advising clients in a range of outsourcing transactions including acting for Medibank Health Solutions as the provider of medical services to the Department of Defence (2012 - contract value approx $1.3billion), acting for a financial services group acquiring custody and funds administration services; acting for bank acquiring cheque processing services; acting for a third party administrator supplying superannuation funds administration services
  • Acted for Microsoft on numerous complex software licensing and long term services agreements. Representative transactions include acting on the whole of Commonwealth government volume licensing agreement (a co-ordinated procurement following the Gershon review of the Australian Government's use of information and communication technology) and on Microsoft's strategic alliance with Telstra (announced 2008)
  • Cloud computing, technology and telecommunications services and system implementation contracts - Patrick has acted in many such transactions, often involving mission critical systems or services. In recent years a number of Patrick's clients have replaced on-premises systems with cloud services, and Patrick's role has included advice on regulatory issues arising from such projects, in addition to involvement in the transaction process
  • Gaming regulatory advice and transactions - Patrick represented Star City, the operator of the only casino in New South Wales, in their negotiations with the NSW government for the grant to Star City of certain product concessions, exclusivity to November 2019 and revised state duty imposts. The transaction gave Star City sufficient regulatory comfort to justify substantial redevelopment (approx $700m) of the casino. Patrick acted as lead partner advising a bidder for the 40 year NSW lotteries licence. He is actively involved in various transactions in which an understanding of the gaming regulatory environment is essential.
  • IT and IP aspects of numerous M&A and project finance transactions, including acting for Echo Entertainment in its demerger from Tabcorp, HBOS in its sale of BankWest and St Andrews to CBA and for the financiers to the NSW Rollingstock consortium
  • Privacy advice, including advising on telecommunications privacy issues, spam laws and complaints lodged with the federal Privacy Commissioner and the NSW Administrative Decisions Tribunal, and
  • Internet regulatory advice, including service provider regulation and online advertising and content regulation.
 

 Professional Memberships

 
  • Editorial panel and regular publications in the Privacy Law & Policy Reporter (1994-2006), including "Central features of Australia's private sector privacy law" (2001) 7 PLPR 189
  • Editorial panel and regular publications in the Internet Law Bulletin (1998-2011)
  • International Association of Privacy Professionals
  • NSW Society for Computers & Law
  • Copyright Society of Australia.