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Outsourcing: Law and Business

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Written for both lawyers and business people, Outsourcing: Law and Business is the first complete guide to all aspects of these complex, strategic arrangements.

Written for both lawyers and business people, Outsourcing: Law and Business is the first complete guide to all aspects of these complex, strategic arrangements. It offers in-depth practical guidance to both legal and business issues — fee structures, service levels and governance models — to help outsourcing customers and service providers structure and implement transactions effectively.

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.

For lawyers and business people who want authoritative, forward-looking guidance to outsourcing law and strategy, this new book is the ultimate resource.

Book #00713; looseleaf, one volume, approximately 822 pages; published in 2011, updated as needed, no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-175-0
Additional Information
Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-175-0
Page Count 0
Edition 0
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(Size: 75 KB)
Overview of Outsourcing

§ 1.01 Outsourcing Defined
§ 1.02 Reasons Customers Elect to Outsource
§ 1.03 Types of Outsourcing Transactions
[1] Information Technology
[2] Business Process Outsourcing
[3] Knowledge Process Outsourcing
[4] Legal Process Outsourcing
[5] Other Transactions Sometimes Described as “ Outsourcing”
§ 1.04 Getting Started
[1] Objectives for the Arrangement
[2] Outsourcing Strategy

Outsourcing Team and Process

§ 2.01 Deal Team Roles and Objectives
[1] Customer’s Internal Team
[2] External Technical Advisers
[3] Outside Counsel
§ 2.02 Proper Scope
[1] Identification of Scope
[2] Identification of Proper Retained Scope
§ 2.03 Sole Source or Competitive Bid
§ 2.04 Request for Proposal and Selection Process
[1] Preparation of Request for Proposal Materials
[2] Initial Price Proposals
[3] Oral Presentations and Account Team Introduction
[4] References
[5] Scoring and Down-Selection
[6] Due Diligence


§ 3.01 Services Scope and Service Description
[1] Identifying the In-Scope Services
[2] Drafting the Service Description
§ 3.02 Service Recipients
§ 3.03 Transition
§ 3.04 Customer Responsibilities
[1] Description of Customer Responsibilities
[2] Remedies for Failure to Meet Customer Responsibilities
[3] Customer Equipment and Facilities
§ 3.05 Interface Manual and Policies and Procedures Manual
§ 3.06 Service Locations
[1] Customer Service Locations
[2] Service Provider’s Service Locations
§ 3.07 Changes and Additions to Services
[1] Changes to In-Scope Services
[2] Projects
[3] New Services
§ 3.08 Knowledge Sharing
§ 3.09 Third-Party Consents
[1] Consent for Contract Assignments
[2] Consent for Service Provider’s Use in Performing Services
[3] Consent Costs
§ 3.10 Disaster Recovery and Business Continuity
§ 3.11 Subcontracting
§ 3.12 Transformation
§ 3.13 Transfers of Customer Assets and Personnel
§ 3.14 Managed Contracts
§ 3.15 Step-In Rights
§ 3.16 Termination Assistance Services


§ 4.01 Introduction
§ 4.02 Establishing the Business Case
[1] Base Case
[2] Cost of Outsourcing
§ 4.03 Ongoing Fees
[1] Choosing a Fee Methodology
[2] Evaluating Proposed Fees
[3] Minimum Commitment
§ 4.04 Billing and Payment
[1] Timing of Invoice and Payment Terms
[2] Disputes and Right to Withhold Payment
[3] Financial Engineering
§ 4.05 Adjustments for Changed Economic Conditions
[1] Inflation Adjustment/COLA
[2] Currency Exchange Rate Fluctuations
§ 4.06 Customer Price Protection
[1] Benchmarking
[2] Most Favored Customer
§ 4.07 Expenses
§ 4.08 Taxes
[1] Transaction Taxes
[2] Withholding Taxes
[3] Asset Transfer Taxes
[4] Permanent Establishment
[5] Transfer Pricing Issues

Service Levels

§ 5.01 Overview
§ 5.02 Service Level Metrics and Reporting
[1] Selecting SLA Metrics
[2] Types of SLA Metrics
[3] Example SLA Metrics
[4] SLA Metric Measurability
[5] Setting SLA Metric Performance Levels
[6] Number of SLA Metrics
[7] Monitoring and Reporting
[8] When SLA Metrics Are Effective
[9] SLA Metrics with and Without Credits
§ 5.03 Performance Credits
Jason D. Krieser
Jason D. Krieser is a partner at McDermott Will & Emery in Dallas, Texas. He is an internationally recognized advisor on business process and information technology outsourcing matters ,including offshore outsourcing. Mr. Krieser is cited by the Chambers USA and Chambers Global guides as a leader in outsourcing in the United States and by Chambers USA as a leader in technology and IT outsourcing in Texas. He is also recognized in The Legal 500 and listed among those named as Texas Super Lawyers. He received a Bachelor of Science degree (summa cum laude) from the University of Nebraska in 1993. He received his J.D. from the University of Minnesota in 1996.
Shawn C. Helms
Shawn C. Helms is a partner at McDermott Will & Emery in Dallas, Texas.  He has broad experience in outsourcing, information technology and telecommunications and has written widely on these subjects. Named a 'Client Service All-Star' by BTI Consulting Group, Mr. Helms is recognized by Chambers USA as a leader in technology and outsourcing and has been selected as a Texas Super Lawyer. He previously served as in-house counsel at Sprint Corporation, director of information technology at Williams & Connolly, and an adjunct professor at the University of Virginia in the technology department.  Mr. Helms received three Bachelor of Science degrees (Computer Information Systems, Economics and Business Administration) from William Jewell College (magna cum laude). He received his J.D. from Georgetown University Law Center (cum laude) in 2000.

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