Outsourcing

  • Holland & Knight attorneys have a long history in the practice of information technology and business process outsourcing, providing services to new outsourcers, outsourcing “veterans” and vendors for more than 20 years.
  • The Holland & Knight Outsourcing Team has negotiated and completed billions of dollars of outsourcing transactions.
  • With a global reach and experience in outsourcing transactions, we serve our clients throughout the world.
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In an economic downturn, as well as in a thriving economy, outsourcing can be a beneficial, cost-effective part of many organizational models. In fact, outsourcing has become a widespread global business practice across industries and for smaller companies and large enterprises alike.

Holland & Knight attorneys have a long history assisting clients with legal issues related to outsourcing. Our clients include telecommunications, international manufacturing and healthcare companies, as well as insurers, international banks, utilities, hospitals and many others.

User and Vendor Support from Strategy Through Agreement and Beyond

The Holland & Knight Outsourcing Team has negotiated and completed billions of dollars of outsourcing transactions, guiding clients through every stage of the process – beginning with strategic planning and evaluating the potential advantages and disadvantages of the various options. We represent both users and vendors, assisting them with structuring outsourcing alliances assuring that they properly define the scope and level of service and pricing. We identify strategic objectives and evaluate the risks and benefits of each individual transaction. Informed by our years of experience, our counsel is specific to every client we serve.

Comprehensive Transactional Know-How

Holland & Knight practitioners have handled all aspects of outsourcing transactions, including:

  • requests for proposals (RFP) development
  • vendor proposal review and selection (for user clients)
  • proposal development (for vendor clients)
  • development of term sheets that are the basis for the transaction and the technical and financial schedules that follow
  • contract drafting and negotiation, including fees, services, service levels, service credits and transitional issues
  • contract administration support, including tools for evaluating the relationship once it is put in place

Proficient in Multiple Functional Areas

Our knowledge extends to all functional areas that may be involved in an outsourcing alliance, including:

  • information technology services, including data center operations
  • business process outsourcing such as tax compliance, finance and accounting, purchasing, human resources and healthcare records retention
  • e-commerce enterprise outsourcing
  • desktop support and network services
  • applications development and maintenance
  • facilities and real property operations
  • manufacturing, packaging and logistics
  • colocation agreements

The Benefits of Collaboration

Dedicated outsourcing practitioners work in concert with other firm practice groups to advise on collateral yet critical legal issues. Our attorneys in the employment, corporate leasing, mergers and acquisitions, tax, real estate and other related departments routinely provide guidance with respect to:

  • asset purchases and sales involved in the migration of customer processing to vendor data centers
  • intellectual property – performing due diligence of software and software licenses involved in the outsourcing transaction
  • labor and employment – addressing and negotiating the legal issues involved in the transfer of employees from the customer to the vendor, as well as management side labor issues involved in many outsourcing initiatives
  • data privacy and security protection, including outsourcing related to cross-border transactions

Representative Transactions

Members of our team have represented clients in the following transactions:

  • represented a major telecommunications company in more than $1 billion of outsourcing transactions of network and technology services
  • represented a major NYC transit agency in a $1 billion acquisition of an automated farecard system
  • represented an international manufacturing company in a $500 million international outsourcing of equipment, help-desk and maintenance services
  • represented a large New York City teaching and research hospital in a $350 million outsourcing of equipment and services and transfer of employees
  • represented a major metropolitan teaching and research hospital in a $275 million transaction for the outsourcing of infrastructure and financial and clinical systems and related services involving 300 personnel, which also involved the licensing of HITECH compliant software that is expected to garner the client significant benefits from the federal government for certified electronic medical records implementation
  • represented a large international bank in the outsourcing of trust department services, including transfer of employees
  • represented a large Portuguese telecommunications company in outsourcing of accounting, finance and customer operations
  • represented a major international book publisher in the outsourcing of IT maintenance and service operations
  • represented a major international bank in the outsourcing of on-line mobile banking services