Our clients must provide quality goods and services to their customers while controlling costs and, often, complying with complex regulatory requirements. We help our clients meet these challenges by counseling on a wide range of global outsourcing and procurement transactions. Attorneys in the Group work with clients to structure, negotiate, re-negotiate or exit domestic and international outsourcing transactions. We have deep experience in large-scale information technology and business process outsourcing (BPO) transactions and, more generally, we provide comprehensive counsel to companies with complex or regulated procurement requirements.

The success of sourcing transactions depends on the achievement of important, and sometimes mission-critical, operational and business goals. Our significant experience representing vendors, as well as customers, often enables us to bridge the gap between the customer's requirements and the limitations of the vendor's business model. We are often called upon to assist our clients in developing, evaluating and responding to RFPs in an effort to clarify the required scope of services and deliverables. As part of that process, we provide counsel regarding the development of appropriate change control procedures that will permit the parties' relationship to evolve naturally during the term of their agreement. This effort usually results not only in a clearer agreement, but paves the way for greater understanding between the parties going forward.

We service a wide array of industries, including international banking and financial services, healthcare and technology. Our clients have included both private sector companies and governmental entities.

Outsourcing

The Group has a unique perspective, having represented both users and providers of outsourced services; thus, we understand the needs and objectives of both sides. We provide comprehensive and seamless counsel with respect to these transactions, including by drawing on our extensive experience in the following areas:

• Global IT infrastructure and telecommunications, development, integration, maintenance, help-desk and other IT-related services, including off-shoring to India and other centers of international outsourcing;
• Special requirements pertaining to regulated industries whose operations are subject to outside review;
• Purchase, sale and lease agreements involving hardware and software assets;
• Global BPO, including customer relationship management, marketing and call centers; facilities and project management; Medicare benefits eligibility determination, mail delivery and reprographics services and insurance claims processing;
• Matters pertaining to the transfer of employees to outsourcing vendors, including benefits and pension issues, union and non-union transfers and potential discrimination claims;
• International privacy, data security, disaster recovery, alternative production facilities and business continuity, including special issues arising from the migration of processing and applications to a cloud computing platform;
• IT licensing, open-source software, intellectual property and computer law; and
• Tax issues that arise in relation to these transactions.

Procurement

Our lawyers have assisted both private sector and governmental clients at all stages of the procurement process, including drafting and issuing RFPs, evaluating RFP responses and negotiating the resulting agreements, including the subject service level agreements. We also handle a variety of disputes relating to whether a party is meeting its performance and other contractual obligations.

Re-negotiations and Terminations

A significant portion of our work involves the re-negotiation or termination of existing outsourcing relationships. This typically involves analyzing the current state of the transaction and negotiating the agreements to insource or resource some or all of the services being provided.

For more information please email us at intellectualpropertyinfo@mosessinger.com

Prior results do not guarantee a similar outcome.