Specialisations: TMT

Technology, media and telecommunications (TMT) is one of the fastest-developing sectors in the legal market. The constant evolution of technology pushes legal boundaries and practically begs for the development of precedents. TMT lawyers advise on market developments, regulatory changes, legislation and commercial and technical issues. Outsourcing continues to be a particularly hot topic.

Law was meant to be a stop-gap between university and a long-term career for mathematician-turned-philosopher Nick Johnson, but nearly two decades later he's still delighted with his accidental job choice: "When I graduated - having studied philosophy at university, after switching from maths - I drifted between a few different things trying to work out what I wanted to do. If I'm honest, I decided to go into law as a temporary measure - to get some business background while I figured out what I wanted to do. In hindsight, I was incredibly lucky - first, that my lack of long-term commitment wasn't rumbled at interview, and second that the job kept throwing so many interesting opportunities my way. Nearly 20 years later, I'm still here!"

All those years (17 of them, to be exact) have been spent at just one firm, Osborne Clarke. Nick explains the appeal: "There's a combination of great people (many of whom have been here since I joined) and the chance to be entrepreneurial. Osborne Clarke is very good at supporting lawyers who have a business idea they want to develop; for example, expanding the firm's reach in a new sector or developing a new line of business." This worked well for Nick who, in the early stages of his career, spotted a niche in the market: "I noticed we handled corporate work for many advertising agencies, but weren't targeting them for IP, regulatory and commercial work, so it seemed an obvious opportunity to me. The firm agreed and allowed me to develop a practice."

Osborne Clarke regards TMT as a key sector focus (what it calls the 'digital business sector'), rather than as a series of individual legal disciplines. The practice is wide in scope, with an emphasis on IT contract work, data privacy, interactive entertainment, e-commerce, telecommunications regulation and technical outsourcing agreements. Nick is something of a specialist, acting mainly for advertisers, sponsors, media owners and ad agencies on contractual, regulatory, IP and compliance issues. He suggests that anyone who regards advertising law as a soft option should think again: "Lots of people have a misconception that advertising law is a fluffy area that's just about getting pre-clearance on advertisements. In fact, to practise successfully in the sector you need to be a great contract, IP and consumer law allrounder, as well as understanding all the specific legislation and codes surrounding advertising, product placement and promotions. You also need to keep bang up to date with data privacy and e-commerce law, and be quick to absorb product-specific rules for the sectors in which your clients operate, such as automotive, gambling, alcohol or food."

What makes TMT such an exciting area is that it's in a constant state of flux. This means that lawyers practising in the field have to stay up to date with the latest trends, as Nick explains: "I try to keep my ear to the ground via a number of sources, such as PLC, Lawtel, Lexis Nexis and various blogs. We're also involved with some trade associations; I sit on the board of the European Sponsorship Association, while a colleague has a senior role on the Direct Marketing Association. This can be a really neat way to stay clued up on impending developments; before a piece of legislation is even on the statute books, I'll have been involved in lobbying activity and will have a good idea of the effect it's likely to have."

And there is plenty happening in the area, as Nick outlines: "The Consumer Rights Directive is going through in Brussels at the moment; it's already been signed off by the EU Parliament and is currently being voted on by the Council of Ministers. That will have a big impact on the way that e-commerce providers work and will be interesting to watch over the next couple of years. Then there's the Olympics and all the anti-ambush marketing legislation associated with that - both the London Olympic and Paralympic Games Act 2006, and proposals that are being consulted on as part of the 2011 regulations. Plus a new law has just come through on cookies and their use on websites to track people's online behaviour - that's generated a lot of client interest and work." And that's not to mention the groundbreaking European Court of Justice case of Marks & Spencer v Interflora, concerning Google AdWords and whether Marks & Spencer - represented by Osborne Clarke - should be allowed to purchase the word 'Interflora' as a search engine keyword. A judgment is expected soon.

With all these developments to track, a passion for the subject matter is what marks out a good TMT lawyer. "There's a certain level of geekiness that's useful when working in this sector," admits Nick. "You've got to have an interest in technology and in what's happening at the cutting edge. Part of that involves using the technology, being able to talk the language and keeping an eye on what's around the corner." A background in the sector - as, say, a computer scientist - can therefore be a distinct advantage.

To further carve out a foothold from the outset, Nick warns of the importance of carefully selecting where you train. "Go for somewhere that has a real TMT specialism," he suggests. "Take the opportunity - if it arises - of getting experience working inhouse in a TMT business. Be sure to read the sector/trade press and keep up to date with all the latest developments." If you're on the ball and a genuine whizz about the sector, there's no reason why success won't follow.