David Phelan - Partner
David is head of the Commercial and Business Team at Hayes solicitors, and advises many of the firms major clients. David advises on media, corporate and commercial and IP matters to clients, particularly to clients in media, sports, retail and the motor sectors. David also advises regulated professionals, such as pharmacists, doctors, nurses and others.
David advises extensively on intellectual property rights issues and is a registered trademark agent. He also represents clients in the context of regulatory, criminal investigations and prosecutions.
Expertise
David is head of the Commercial and Business Team at Hayes solicitors, and advises many of the firms major clients. David advises on media, corporate and commercial and IP matters to clients, particularly to clients in media, sports, retail and the motor sectors. David also advises regulated professionals, such as pharmacists, doctors, nurses and others.
David advises extensively on intellectual property rights issues and is a registered trademark agent. He also represents clients in the context of regulatory, criminal investigations and prosecutions.
Experience
- Media - David leads the Hayes team advising The Irish Times on an array of commercial issues, including pre-publication consideration of articles, advertisements, media contracts and copyright, and the use of the Internet as a modern medium of communication.
- Sport – David advises a number of high profile sports individuals, as well as some sports organisations, on contract matters, endorsements, image rights and other issues.
- Professional regulatory – David is legal adviser to the Royal Institute of Architects in Ireland on a wide range of issues relating to its statutory duties and membership services.
- Regulated Professionals – David advises regulated professionals such as pharmacists, doctors and nurses, in professional conduct matters, contract issues and other related issues.
- Financial Institutions - David advises one of the largest credit unions in the State on security issues and enforcement. This has involved a thorough review of credit documentation and drafting of new credit documentation to provide for a more robust enforcement regime.
- Consumer goods - David has a long-standing advisory relationship with Unilever, the major multinational consumer goods company, and oversees the Hayes team responsible for providing legal services to them.
- Retail - David leads the Hayes team advising Primark, one of Ireland’s leading retail multinationals, on a wide range of matters ranging from general corporate and commercial matters to employment, property and intellectual property law.
- Media – David acts for NewsBrands Ireland (formerly National Newspapers of Ireland), the representative body of Ireland's national newspapers and Irish editions of UK national newspapers. This calls for regular advice on intellectual property matters, with a heavy emphasis on copyright.
- Automotive - David leads the Hayes team advising the Society of the Irish Motor Industry on a broad range of commercial and regulatory issues.
- Data Protection – David advises his clients on a range of data protection and GDPR issues, including in contracts and an advisory capacity. David also represents clients in complaints and criminal prosecutions relating to data protection matters.
- Commercial Court Litigation – David has advised in numerous high profile and complex disputes covering a broad range of business and regulatory issues.
- Competition – David advises a number of clients on competition matters and Competition Authority investigations and has represented a number of clients in high profile competition law criminal prosecutions, including a number of prosecutions in the Central Criminal Court.
Qualifications/Education
- Bachelor of Civil Law Degree, University College Dublin
- Professional qualification as a solicitor, Law Society of Ireland, 1998.
Memberships
- Law Society of Ireland
- Dublin Solicitors Bar Association
- Alternative Dispute Resolution Committee of the Law Society
- Association of Regulatory & Disciplinary Lawyers (UK)
- A founding committee member of the Health & Safety Lawyers Association of Ireland
- Former member of the Business Law Committee of the Dublin Solicitors Bar Association
- Former member of the Business Opportunities Task Force of the Dublin Chamber of Commerce.
Other
- David frequently lectures on these areas and works closely with clients in providing training to their personnel
- He regularly tutors in commercial law with the Law Society of Ireland
- David regularly provides talks and lectures for clients, and in the last couple of years has spoken at events organised by the Dublin Chamber of Commerce, Dublin Solicitors Bar Association, the Law Society of Ireland, as well as providing in-house training to clients.
Testimonials
‘David Phelan – Very knowledgeable and reliable partner who leads from the front, always available for a consolidation and will get back to you!
‘David Phelan is an expert in this field and is responsive, wise, pragmatic, an excellent communicator and knowledgeable of the media landscape and of his clients’ needs.
‘David Phelan stands out in contractual and media matters. He has a very solid judgement and a calm approach to problematic situations.’
'David Phelan is an excellent lawyer whose advice is always practical, focused and mindful of the complexity of business needs.'
'David Phelan stands out for his expertise and experience, diligence and excellent communication, coupled with a professional and friendly manner.’
‘David Phelan is very commercial in his advice.’