Bertrand heads White & Case's Intellectual Property and Information Technology Practice in Paris. His client list is extensive, varied and truly international, spanning sectors such as transportation, social media, luxury brands, pharmaceuticals, mining and industry. He also represents clients from the financial sector, including financial technology (fintech) companies. His corporate clients are often multinational, and face complex cross-border concerns.
Bertrand applies his vast experience in supporting clients with issues relating to their intellectual property (IP) and information technology (IT), as well as in the field of privacy and data protection, especially in litigation and international contexts. His work includes protection, use and development of IP rights, as well as enforcement action against IP infringement and piracy. He supports clients with both contentious and non-contentious matters.
Bertrand helps to unravel the complexities of doing business over the Internet, providing cutting-edge litigation support. Moreover, with regulators increasingly inclined to clamp down on lapses in IT security and breaches of personal data and privacy protection laws, he delivers know-how and client comfort on IT regulatory matters.
Bertrand also advises clients on their complex contractual arrangements, including strategic innovation sourcing, outsourcing, alliances and partnerships.
Bertrand is a frequent speaker, author and commentator on privacy, technology and fintech issues. He has a detailed knowledge of the EU's General Data Protection Regulation, and contributed to White & Case's Handbook on that legislation. He was recently appointed member of the Strategic Orientation Committee of CashWay, a fintech company. He is also a member of the European Outsourcing Association (EOA).
Facebook, 2011 – ongoing
He has advised Facebook on over 250 pre-litigation and litigation matters arising in France, with a focus on technology-related issues, such as infringement and unfair competition in relation to the liability of the hosting service provider.
Intuit, 2014 – ongoing
He has assisted Intuit with the provision of its service offering in France, in particular to draft and review terms of services, privacy policies, codes of conduct, tax aspects and employment matters.
Olympique Lyonnais, 2013 -– ongoing
He has advised Olympique Lyonnais in the contractualization of the design and build of its IT solution for the club's brand new stadium (Stade des Lumières).
Christian Dior Couture, 2012– ongoing
He gave advice to Christian Dior Couture regarding several IT agreements relating to hosting for its e-commerce platform, acquisition of RFID technology and BPOs, as well as in relation to privacy matters.
SNCF, 2009 – ongoing
He advised Rail Solutions, a subsidiary of SNCF Group, on setting-up and commercializing a new reservation and distribution system for high-speed passenger trains. Advice included negotiation of agreements with software providers and integrators and agreements with customers.
Agence Française de Développement (AFD), 2009 – ongoing
He advised AFD in the negotiation of many IT agreements, including on SaaS and integration contracts, application development and maintenance, helpdesk and hosting services, as well as in relation to data protection.
Privacy and personal data management issues, ongoing
He advises several international companies in relation to privacy and personal data management issues, including notification requirements, intra-group transfers, and use of data in cross-borders litigations and investigations.
"Understanding Europe’s Data Privacy regime: less than two years until enforcement starts", September 2016: White & Case, Paris, (with Detlev Gabel and Tim Hickman)
"Industrial Internet - which reality beyond the myth?", May 2016: European Outsourcing Association (EOA) / White & Case
"Best Practices for compliance: how to improve your data protection compliance program?", February 2016: Academy for European Law (ERA), Luxemburg
"Cybercrime: are you prepared?" ("Cybercriminalité: êtes-vous prêts?"), April 2015: White & Case, Paris, (with Ludovic Malgrain)
"'Legal Aspects of Service Integration', How to get full business value from your SIAM model?", May 2014: ISG / White & Case, Paris
"'Contractual Clauses and Mitigating Legal Risk', Sourcing agreements: Strategies for an efficient benchmarking", November 2012: ISG / White & Case, Paris
How businesses can combat cybercrime and win the 'cyber war', ITProPortal, September 2016
Rise of the Robots, Latitudes, White & Case, September 2016, (co-author with Martin Munz and Scott Weingaertner)
New French Act on Intelligence Services: Impacts on Technical Operators, Technology Newsflash, September 2015, (co-author with Alexis Tandeau)
Rejection of Oracle's claims for copyright infringement against one of its users and condemnation of the practice of aggressive audits, August 2015, (co-author with Caroline Lyannaz)
A significant milestone in the path towards the adoption of the General Data Protection Regulation, July 2015, (co-author with Agathe Malphettes)
IBM sentenced to pay 6.5 million as contractual damages, April 2015, (co-author with Clara Hainsdorf)
The Use of First and Last Names as Meta Tags is not Subject to the French Data Protection Act, December 2014, (co-author with Clara Hainsdorf)
The legal framework applicable to protection and security of data originating from Smart grids, Smart Grids, CRE, January 2015, (published as "Le cadre juridique de la protection et de la sécurité des données issues des Smart grids") (co-author with Orion Berg)
Adoption of a new European legal framework applicable to cross-border electronic identification and e-signatures, Technology Newsflash, September 2014, (co-author with Caroline Lyannaz)
How does French case law deal with bundled software?, Technology Newsflash, June 2014, (co-author with Agathe Malphettes)
CNIL Expanded Investigative Powers, Technology Newsflash, April 2014, (co-author with Caroline Lyannaz)
Handle the renewal of an outsourcing contract, Revue Banque, June 2010, (published as "Gérer le renouvellement d'un contrat d'externalisation)
The legal risks arising out of the loss of non-protected information on computers, Le Livre Blanc, January 2008, (published as "Les risques juridiques de la perte de données non protégées)
Leading Lawyer, Chambers Europe 2016, TMT – France
"Bertrand […] acts on contentious, advisory and transactional matters relating to new technologies and IP. He is experienced in IT outsourcing, licensing and technology transfer agreements as well as in IP disputes for internet clients. "
Ranked Lawyer, IAM Patent 1000's "The World's Leading Patent Practitioners", 2015
"Heading the Parisian IP and IT group is Bertrand Liard, whose profound understanding of clients' commercial concerns informs his cutting-edge practice. He is quickly turning this US behemoth into one of Europe's top firms."
Ranked Lawyer, Best Lawyers 2015, Information Technology Law – France
Ranked Lawyer, Best Lawyers 2014-2017, Information Technology Law – France