Outsourcing Transactions A Practical Guide

[Madeleine Harrier]

Witha special emphasis on technology and a variety of useful precedent agreements, this service expertly guides you through each stage of the outsourcing process. From planning to negotiation, to implementation, the authors rely on their years of experience to ensure the book meets the needs of today's outsourcing practitioner. Create win-win relationships with authoritative insight on the RFP process which includes:

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Outsourcing remains a global growth industry. New technologies and approaches have transformed the way in which services can be delivered with ever better service quality and lower cost, with robotic process automation (RPA) significantly reducing the numbers of supplier personnel required to deliver such projects, and the application of artificial intelligence tools dramatically improving some of the service outputs and outcomes. Now that the world is facing up to the impact of Covid-19 in terms of pressures on cost bases and the realisation that far more roles than previously understood can be effectively undertaken remotely, we can anticipate that there will be a further step change in the use of outsourcing as a core business strategy.

This book is the fully updated second edition of the key text on outsourcing written by the market-leading global technology and sourcing team at DLA Piper, one of the world's largest law firms. Writing from both a legal and commercial perspective, it considers the complete lifecycle of an outsourcing contract and the variety of legal and contractual issues that can arise in connection with such a project, from the initial genesis of the proposal to outsource all the way through the procurement process and onto post-contract signature contract management. In so doing, it also breaks down the core outsourcing contract into its constituent parts, explains the rationale for the relevant provisions (from both a customer and service provider perspective), and provides guidance as to current market practice, options and trends, including individual nuances relevant to particular jurisdictions.

Whether you are a user of outsourced services, an adviser on outsourcing projects or working with a service provider engaged in the provision of the outsourced services itself, this publication will provide you with an end-to-end guide to the outsourcing contracting process and the detailed terms to be considered and carefully negotiated.

Practical Guide to U.S. Taxation of International Transactions provides readers with a practical command of the tax issues raised by international transactions and how those issues are resolved by U.S. tax laws. The book emphasizes those areas generally accepted to be essential to tax practice.

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Are you working for a company contemplating a strategic change in business operation?

Want to ensure that once a decision has been made to outsource a business function, you will be in a position to negotiate fair and balanced agreements with service providers?

Take Advantage of Outsourcing

Acquiring greater efficiency and economy of scale from an outside source allows a company to focus on its strengths and not get distracted from executing its key business strategies. Outsourcing permits an organization to transfer the ownership of certain business functions to another company in order to:

Negotiate the Best Possible Deal

A Practical Guide to Outsourcing Agreements, 3rd Edition is the essential guide book for analyzing the major issues that arise in outsourcing agreements. Author Adam Vereshack has over 35 years' experience negotiating outsourcing transactions for major Canadian and international companies. Guidelines and clauses help you to deal with the basic questions of when outsourcing is an appropriate solution to a situation and what issues must be addressed when contracting with a supplier. All issues discussed are based on actual outsourcing negotiations and agreements.

Adam D. Vereshack, B.A., J.D., practised law for more than 40 years. Now retired, he was a sole practitioner from 2008 to 2018. Prior to that, Adam worked for 25 years at McCarthy Ttrault LLP where he was a partner in the Technology Law Group of the Commercial Law Section. During his career, he was involved in the negotiation and drafting of numerous distribution agreements. Most of these transactions were international and covered such diverse products as machines, heavy equipment, medical devices (hardware and software), bio-remediation chemicals, chocolate milk powder, computer systems, and most recently, hybrid cannabis seeds. Adam earned his B.A. from the University of Toronto and his J.D. from Osgoode Hall Law School (York University). He was called to the bar of Ontario in 1976.

We assist our clients in all aspects of outsourcing transactions, including preparing and negotiating the services agreement and related exhibits, and continue to advise clients throughout the negotiations and life cycle of the relationships. We are quite familiar with emerging outsourcing models and new technologies that are influencing the marketplace, such as cloud computing and autonomic. We have extensive experience representing clients in virtually every industry, including retail, manufacturing, banking and other financial services, insurance, technology, general commercial, telecommunications, construction, healthcare and medical devices, transportation, electronics, biotechnology and pharmaceuticals, internet and e-commerce, and business services. Our lawyers have represented clients on the outsourcing of virtually every type of IT and BPO service, including data center and other infrastructure, application development, network services, finance and accounting functions, procurement, call center, mortgage processing, insurance and other claims, and HR services. We also have a particular depth of experience with legal compliance issues faced by regulated businesses and can draw upon the experience of our leading Financial Institutions and Securities Practices when needed.

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Our expert-written resources are available in digital and print formats suitable for working remotely or in the office. For specific product details, please contact our customer service division at [email protected].

Topics covered include: types of outsourcing transactions; choosing an outsourcing team; choosing an outsourcing provider; defining services provided, responsibilities, and procedures; knowledge sharing and intellectual property rights; service level standards and metrics; fee and pricing models; human resources issues, including U.S. and international law and regulation; business continuity issues; grounds for termination; confidentiality; customers' privacy and data; compliance with state, federal and international security regulations; risk management and liability; documenting and implementing a governance structure; dispute resolution; and new approaches to outsourcing transactions.

Jason is the co-author of a legal treatise on outsourcing law titled Outsourcing: Law and Business published by LJP (the treatise publishing arm of American Lawyer Media). This treatise gives detailed treatment to all material legal and business issues associated with outsourcing transactions. The form of master outsourcing services agreement developed by Jason and his co-author, and featured in the treatise, is publicly available and widely used in the outsourcing industry.

Shawn has written widely on the topics of technology and outsourcing. Shawn is the co-author of a legal treatise on outsourcing law, Outsourcing Law and Business published by LJP (the treatise publishing arm of American Lawyer Media). It is the only comprehensive treatise on outsourcing law. This treatise gives detailed treatment to all material legal and business issues associated with outsourcing transactions. The treatise also covers changes in the outsourcing industry (e.g., RPA, cloud computing and smaller transactions) and suggests new tools and a modern approach for dealing with these changes. Learn more at www.outsourcingtreatise.com.

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