You signed a long-term deal. It would be embarrassing if, in a few years after signing, the pricing is significantly higher or your service levels are significantly lower than market. Benchmarking provisions are intended to...more
We have all heard the horror stories: system implementation deals costing 300% more than the original budget, go-live dates for development projects being way past the scheduled dates, and deliverables that do not meet the...more
When we represent customers in outsourcing and managed services transactions, we spend a significant amount of time drafting the exhibits for transition, which is typically a major project in and of itself. In order to help...more
As a follow-up to our recent post on third-party contract due diligence in outsourcing deals, this post focuses on how customers in outsourcing deals handle the disposition of legacy third-party contracts—one of the thorniest...more
We found interesting a recent Forbes article by Cody McLain that discussed the top trends to watch in the business process outsourcing (BPO) industry. The article highlighted the following four trends for 2019....more
The due diligence review of existing third-party contracts is a critical component of any outsourcing deal. For the company that is outsourcing part of its business functions to a third party, reviewing existing third-party...more
Outsourcing agreements are typically long-term arrangements and the functions outsourced, whether IT or business processes, often key to the continued operation of the customer’s business. It is therefore important that both...more
Customers in outsourcing arrangements are coming to expect (or starting to demand) that their providers have the resources, technology, and know-how to leverage automation software—whether robotics desktop automation (RDA) or...more
European financial institutions (competent authorities, credit institutions, and investment firms as defined in EU Regulation No. 575/2013, collectively Institutions) have been instructed to comply with the European Banking...more
When in-house lawyers start thinking about how to support a business client that is looking to implement a new or replacement enterprise resource platform (or more commonly known as an ERP system), we often suggest that they...more
We are seeing more merger and acquisition activity among technology services companies as European companies are seeking to expand their presence in US markets. Just this week, another acquisition of a growing US-based...more
In Part 1 of this Contract Corner on Software as a Service (SaaS) agreements, we discussed ownership and use issues in SaaS transactions where the application is provided and hosted as a dedicated instance with common base...more
In the typical SaaS scenario, the SaaS vendor provides, maintains, and hosts (either itself or through a hosting SaaS vendor) the desired application layer, and grants the customer and its authorized users access to the...more
Cybersecurity remains at the top of the list of risk concerns when organizations outsource IT and other functions leveraging cloud-based solutions. While there are no guaranteed methods to fully eradicate cybersecurity risks,...more
When a company outsources, it is looking to engage a third party to provide a service—not to assume risks with respect to the third party’s personnel. In fact, a key concern of a company looking to outsource is that it does...more
The Internet of Things (IoT) promises a societal transformation based on a virtuous circle of constantly improving connectivity, integration, data, intelligence, and automation. One important element of this transformation is...more