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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
SKU 713ONL
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)
CHAPTER 1
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

CHAPTER 2
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

CHAPTER 3
Services

§ 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

CHAPTER 4
Fees

§ 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

CHAPTER 5
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 Krieser is the co-head of the Firm’s Technology & Outsourcing Practice, and the office managing partner for Dallas and Houston. He advises clients on all aspects of technology transactions, outsourcing matters, telecommunications and other complex commercial contracts, including artificial intelligence and robotic process automation arrangements. He is an internationally recognized advisor on outsourcing matters, including information technology (IT), business process (finance and accounting, human resources, logistics and facilities management) and offshore issues. He also handles technology development and licensing matters, joint ventures, strategic alliances, manufacturing agreements, key supply and distribution agreements, other complex service agreements, Internet of Things (IoT) and e-commerce matters. He has handled cloud-computing transactions for the past 20 years, including software as a service (SaaS), infrastructure as a service (IaaS) and platform as a service (PaaS) transactions.

Jason is the co-author of a legal treatise on outsourcing law titled Outsourcing: Law and Business published by Law Journal Press (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 C. Helms

Shawn C. Helms is co-head of the Firm’s Technology & Commercial Transactions and Outsourcing Groups. Shawn has broad experience in the areas of information technology, outsourcing and telecommunications. He focuses his practice on complex transactions involving technology and intellectual property, including blockchain, business process outsourcing (BPO) and information technology outsourcing (ITO), licensing, cloud computing arrangements (infrastructure as a service (IaaS), software as a service (SaaS) and platform as a service (PaaS)), technology maintenance and services, technology development/customization (including iPhone, Android and other mobile device applications and systems), wireless infrastructure, robotic process automation (RPA), artificial intelligence, social media issues, strategic alliances, e-commerce, distribution, internet of things (IoT), confidentiality, strategic sourcing and data security/privacy. He also advises clients on transition services and technology and intellectual property matters relating to the acquisition or divestiture of businesses. Shawn also has significant experience in advising clients through contract lifecycle management processes, software audits and related negotiations and settlements, open source software issues and software escrow matters.

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 Law Journal Press (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.

Previously, Shawn was a partner at an international law firm, in-house counsel at Sprint Nextel Corporation and the director of information technology at Williams & Connolly. Shawn earned bachelor’s degrees in computer systems, business administration and economics.

Shawn worked as part of a team to create free, downloadable form Master Outsourcing Service Agreements (MOSA) for United States and German law. 

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