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ASP Makes Sure Software Downloads Don't Go to Terrorists
Crown Peak turned its process on its head to solve a problem for a new client. The result: a whole new line of business. Read how suppliers can expand their business by asking the question: Where else will it work?
New Outsourcing Risks in 2005 and How to Mitigate Them
As outsourcing changes, so do the risks. An OutsourcingCenter poll discovers why rising interest rates and the promise of combining voice and data in one network using VoIP technology are creating new risks for the industry.
Defining the Role of the Technology Lawyer
Here's why you need a technology lawyer when you do your next outsourcing deal. Kevin Colangelo of Kramer Levin Naftalis & Frankel explains why your attorney needs to understand server configurations as well as contract law.
Outsourcing Real Estate Audits Saves Retailers Real Money
Real estate costs typically are the second biggest overhead expense after payroll. Outsourcing the lease audit function can save money and even save the business.
Avoiding Outsourcing Pitfalls
Jon Doyle of White & Case shares six key provisions that any outsourcing agreement should have to help mitigate unavoidable problems when offshoring.
Business Process Outsourcing Under Sarbanes-Oxley: Challenges and Complexities
You've outsourced finance and accounting functions. But the Sarbanes-Oxley Act says management is responsible for the veracity of the numbers. How do both parties stay clear of the dreaded 404 provision, which guarantees three squares at Club Fed? Attorneys Robert Gareis and Michael Mensik of Baker & McKenzie share some thoughts.
Negotiating Residual Information Provisions in IT and BPO Transactions
Outsourcing requires the buyer to share sensitive information with the supplier. How do both parties handle the use of this residual information? Brian Suffredini of Mayer, Brown, Rowe & Maw shares hints to protect both parties and still make the relationship work.
Customizing Service Level Agreements in Call Center Outsourcing Yields Better Results
Service level agreements (SLA) increase the probability that the operation of your outsourced call center meets your expectations. Attorneys from Latham & Watkins outline the crucial elements that need to be in those SLAs.
2003 Legal Trends Reflect Move into BPO and Offshore
Partners in the Chicago, London, Sydney, and Hong Kong offices of Baker & McKenzie share their observations about trends in their regions and their industries, including their thoughts on offshoring. Is outsourcing the legal department the next BPO process?
Part 2: Managing Conflict In Outsourcing: The Application of Real-Time Dispute Resolution in IT Outsourcing Engagements
Dispute review boards in the construction industry have cut out the need for litigation to settle disputes. Attorneys Matthew Furton and Paul Bent describe how a Real Time Intervention Panel can do the same thing for IT outsourcing contracts.
Managing Conflict In Outsourcing: The Application of Real-Time Dispute Resolution in IT Outsourcing Engagements
In the IT world, change is a constant. Change, however, can cause friction in a long-term IT outsourcing arrangement. Attorneys Matthew Furton and Paul Bent describe a mechanism to deal with disputes early on. Part one of two.
Contracting for Change
Business environments change over time. Attorney Allen Klein shares five principles to fairly allocate costs and benefits as an outsourcing relationship changes over time.
Doing Cross-Border Outsourcing Deals: A Quick and Dirty Checklist
Toronto outsourcing attorney George Atis lists six items U.S. attorneys must consider if their American clients are working in Canada. Cross-border outsourcing transactions are more difficult than they look.
'Beat the Hell Outta the Supplier' Negotiation Styles
Can You Teach Old Outsourcing Lawyers New Tricks?
Canadian bankruptcy law differs from U.S. rules. If your Canadian service provider or buyer declares bankruptcy, two partners at McMillan Binch provide suggestions about what to do.
Outsourcing Service Provider or Buyer Bankruptcy: Only in Canada, Eh!
Canadian bankruptcy law differs from U.S. rules. If your Canadian service provider or buyer declares bankruptcy, two partners at McMillan Binch provide suggestions about what to do.
Four Early Steps to Outsourcing Success for In-House Counsel
Although it's best to retain outside counsel with outsourcing expertise, Attorney Stacy Schultz of O'Melveny & Myers explains the unique issues that buyers' corporate in-house lawyers need to know before becoming involved in constructing an outsourcing contract.
Force Majeure After 9/11: New Issues in a New World
New York's terrorist attacks have forced buyers to revisit the force majeure clauses in their outsourcing contracts. The typical clause has the buyer bearing all the risk. Attorney Bruce Leshine has new verbage that shares that risk with the provider.
Legal Outsourcing Trends - A Look Ahead
Outsourcing continues to provide significant business opportunities for customers. But it also represents new risks. At the same time, the outsourcing market is continuing to evolve toward the newer terrain of business process outsourcing. Paul Roy of Mayer, Brown, Rowe & Maw
discusses how to stay in the deal and out of court.
Aviation Outsourcing: A Legal Perspective On Initial Considerations
Flexibility is an important piece of aviation outsourcing. Attorney R. Allen Naude of Baker & McKenzie shares do's and don'ts for airlines.
Service Provider Bankruptcy:
How To Protect Your Company When Your Service Provider Goes Broke
Your service provider just declared bankruptcy. What do you do now? Lawyers at Mayer, Brown, Rowe & Maw have some surprising remarks about what you can and can't do and some good ideas about how to protect yourself in your contract.
Contracting for International
Outsourcing
International outsourcing is tricky, especially when many countries are
involved. Attornies Brad Peterson and Mark Prinsley discuss the legal
ramifications.
Development and Customization
in Outsourcing
Today, ITO may involve customization or development. Outsourcing contracts
must reflect this work. Attorneys at Baker & McKenzie discuss four areas
of concern.
Giant Carrier's Bankruptcy Filing Highlights Importance of Telecom Expense Management
WorldCom's bankruptcy threatens to disrupt its corporate users. The ones who outsourced may be in better shape to weather the storm.
Seven Key Questions for
Drafting Effective Exit Provisions
Exit provisions are among the most valuable contractual protections for a buyer. Here are seven important considerations in building a strong exit strategy.
Heigh Ho, Heigh Ho, It's Off to Work We Go
When it comes to structuring an outsourcing relationship, the details make the difference between blue chip deals and fiascos. How you undertake the behind-the-scenes work before an outsourcing relationship begins is crucial. This is Part 3 in our creating a successful outsourcing relationship series.
The Importance of Buyer
Flexibility: Helping Them Help You
Sometimes buyers exert inflexible controls over their service providers. Although well intentioned, these controls often result in hidden costs and barriers to value creation. Learn how to avoid this mistake.
Implementing/Transitioning into Outsourcing
The implementation and transition phases of outsourcing are fraught with
complexities and unexpected challenges. Some relationships move on to
meteoric success; others hemorrhage so badly at this stage that it's difficult
to recover. Why? Find out in this second in a three-part series on outsourcing
relationships.
No Dress Rehearsals: Advice for Starting an Outsourcing Relationship
What makes an outsourcing relationship work? A perfectly executed contract is NOT the answer. A outsourcing arrangement is a long-term relationship whose expectations and attitudes must be realistic. Here's how to do it right.
Emerging Trends in Outsourcing:
A Legal Perspective
Outsourcing is changing. Now agreements cover more than one country and may include processes that deal with a company's lifeblood, its customers. Attornies at Baker & McKenzie explain the legal ramifications of these changes.
A Comparison of Asset
Acquisitions and Outsourcing Transactions
How does asset acquistion differ from outsourcing? Attorneys at Baker
& McKenzie explain the legal nuances.
Financial Institution
Outsourcing: Managing the Risks
In the Bible, Cain insisted he was not responsible for his brother's actions.
That's not true if you are a financial institution. Banks, savings and
loans and credit unions are still responsible for the actions of their
service providers. Two attorneys at Baker and McKenzie tell financial
institutions how to protect their interests when they outsource.
Cost V. Control: Thoughts
on Outsourcing Your eCommerce Offering
Companies face five key legal issues when they outsource their eCommerce
offerings. Attorneys at Baker & McKenzie show you the legal sandbars and
explain how to navigate around them.
Don't Skip on the Details:
Structuring and Documenting the Real Content of Outsourcing Agreements
Don't shortchange the exhibits in your outsourcing
contract. They contain the core of your outsourcing agreement, including
the price of services and your service level agreements.
Smoothing Over the Privacy
Potholes in BPO Outsourcing
New U.S. laws have made privacy and data security a risky business. Be
scared. Be very scared. Here's why.
Information Security
in Outsourcing Agreements
Information security is becoming extremely important in today's uncertain
world. Suppliers have access to your very crucial information. Learn how
to protect company secrets in your outsourcing contracts.
Renewed Interest in IT
Outsourcing to Save Money
A wave of renegotiations hits the outsourcing world as companies try to
reduce their costs.
Contracting for Energy
Management Outsourcing
Brad Peterson discusses current thinking on energy management outsourcing
contracts.
The Seven Deadly Negotiating
Sins
Assuming the worst and assuming the best are just two ways to get into
trouble.
IT Contracting With
the Financially Challenged Survivors of the New Economy
We all watched the dotcoms become dot bombs. But you still want to do
business with one. Here's how to structure your contract to lower the
risk.
Ten Key Questions for Developing
Effective Service Level Agreements
Learn the 10 key questions you need ask to pen service level agreements
that work for both buyer and supplier.
The Business Challenge
of the Millenium
The Internet is redefining what companies deem important in an outsourcing
relationship. (2000)
Including Incentives
in an Outsourcing Contract
Now outsourcing customers are writing incentives into their contracts
to improve the performance of their suppliers. (2000)
International Disputes
How do buyers protect their interests when they outsource crucial functions
to offshore vendors. (2000)
IT Lawyers: Serving ASP Clients,
Not Subpoenas
Attorney David Guedry discusses the necessity for lawyers who specialize
in technology issues. (2000)
The Long Arm of the Law
The European Union is attempting to "achieve harmonization"
like the United States by having the same laws across national borders.
(2000)
Saving Money at the Contract
Stage
Bob Zahler, of Shaw Pittman, believes there are five ways companies can
slash outsourcing costs. (2000)
Scoping Out Scope
From the legal standpoint, creating a proper statement of work can be
the trickiest part of negotiating an outsourcing contract. (2000)
What's the Best Way to
Split Up?
Matthew Maccoby of Arnold & Porter discusses the issues involved in
splitting shared services. (2000)
Allocating the Risks of Outsourcing Human
Resource Functions
Learn how a company can reduce the overt risks of outsourcing.
The Consolidation of Vendor Relationships
The ups and downs of the trend towards single integration.
Extending the Reach of Outsourcing
A look into what companies are outsourcing these days and why.
Flexibility in Service Contracts: How to
Build It and Keep It
Constucting a flexible game plan.
International Outsourcing: The Legal View
of What´s Different
The complexities and risks of international outsourcing.
The Legal View of Mergers and Acquisitions
Recognizing the challenges of acquisitions and mergers.
Moving Into the Neighborhood Legal Considerations
When
Legal Considerations When Starting a New Outsourcing Company
Negotiating an ERP Deal the Right Way
Bill Deckelman of Munsch Hardt discusses ERP software licenses & negotiating
with vendors.
The Right Way to Develop a Relationship
Attorney Bob Zahler details the "right" way to develop an outsourcing
relationship.
Single Integrators or Best-In-Class: Weighing
the Two Approaches
There are no hard lines in choosing between the two.
What to Expect When Logistics Problems Surface
How customers can get what they paid for from a logistics arrangement.
Working Flexibility and Integrity Into the Contract
How contract integrity and flexibility can affect the price of service.
The U.K. Perspective
Evaluating three trends in the maturing UK outsourcing market.
Common Problems in Outsourcing: An Outsourcing
Lawyer´s Perspective
Learn how companies can avoid the pitfalls of outsourcing.
Distinguishing Between Dispute and Discussion:
Five Ways to Minimize Disagreements in Outsourcing Relationships
Keeping disagreements with the vendor from becoming disputes.
EURO: Ready or Not, Here It Comes
The implication the Euro will have on the outsourcing market.
The Many Sides of a Re-Do
Learn what direction to take when a contract re-do is in order.
Negotiating Effective BPO Contracts
Guidelines to establishing a successful BPO relationship.
Network Security in Outsourcing
How to Recognize when a company needs to boost network security.
Strategic Outsourcing: The Contractual Perspective
Going beyond the norm and constructing a strategic relationship.
Teaming: Making Multi-Vendor Relationships Work
How to get the most out of a multi-vendor relationship.
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