Outsourcing and Technology Transactions

  • Holland & Knight attorneys represent clients in all aspects of strategic outsourcing and technology transactions, and have significant experience with a broad range of transactions, industries and service providers. 
  • Our Outsourcing and Technology Transactions Team has extensive experience in a wide range of categories, including information technology outsourcing (ITO), business process outsourcing (BPO), enterprise resource planning (ERP), managed network services (MNS) and cloud computing transactions, including software as a service (SaaS), platform as a service (PaaS) and infrastructure as a service (IaaS) arrangements. 
  • Our team has negotiated and completed billions of dollars of outsourcing transactions throughout the world.
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Holland & Knight's Outsourcing and Technology Transactions Team represents clients in all aspects of strategic outsourcing and technology transactions, including the preparation of a request for proposal, guidance through the vendor down-selection process, negotiation of a definitive agreement, lifecycle management, and contract enforcement and dispute resolution. We assist clients in maintaining leverage and driving performance at each stage of the transaction, beginning with transition, continuing through steady state performance, and ending with termination, exercise of exit rights and resourcing of the solution.

We have significant experience with a broad range of transactions, industries and service providers, which allows us to provide experienced market-based guidance to our clients and to bridge the knowledge gap between our customer clients who periodically engage in these strategic technology transactions and the service providers who have fully staffed and dedicated teams. We are committed to providing clients with a balanced and solution-oriented approach to negotiation that focuses on achieving strategic business objectives while maintaining positions that meet clients' risk profiles. Our experience with the major service providers, understanding of the critical business, financial and legal risks associated with each type of transaction, and solution-oriented approach allows us to shorten the sourcing cycle, speed realization of benefits for clients, and achieve flexible and lasting solutions. We employ a lean staffing model and consistently leverage technology to ensure that we provide excellent service in a cost-efficient and cost-effective manner.

Our representative clients include:

  • Academy Sports + Outdoors
  • Allscripts
  • Brambles
  • Delek US Holdings
  • Delta Airlines
  • Floor & Decor Outlets
  • Georgia-Pacific
  • The Home Depot
  • InterContinental Hotel Group
  • Invesco
  • Piedmont Healthcare
  • Secureworks
  • Staples
  • Steel Technologies
  • The McNair Group
  • U.S. Sugar

Our attorneys have extensive experience in a wide range of categories, including information technology outsourcing (ITO), business process outsourcing (BPO), enterprise resource planning (ERP), managed network services (MNS) transactions and cloud computing transactions, including software as a service (SaaS), platform as a service (PaaS) and infrastructure as a service (IaaS) arrangements.

Information Technology Outsourcing

Our Outsourcing and Technology Transactions Team represents numerous clients in connection with outsourcing their information technology functions to service providers who have the experience, scale and leverage to perform the outsourced functions more effectively and efficiently. This allows our clients to focus their resources and attention on their core business objectives. Our lawyers have assisted companies with a broad range of ITO transactions, including transactions involving the following categories of information technology functions:

  • application development services
  • application maintenance support and services
  • co-location services
  • data center operations
  • IT help desk and desktop support
  • IT infrastructure operation, administration and support
  • managed network services
  • managed security services
  • managed public, semi-private and private cloud services

Representative Experience (ITO)

  • Represented a Fortune 50 retail company in connection with the renegotiation of an outsourcing arrangement for on-site support for in-store IT systems and software to Getronics
  • Represented a Fortune 50 retail company in connection with the outsourcing of application development, testing and support for certain legacy and third-party applications to Infosys
  • Represented a Fortune 50 retail company in connection with the outsourcing of IT helpdesk support for operations in the People's Republic of China to IBM
  • Represented a global hospitality company in connection with the outsourcing of its mainframe operations and related services to IBM
  • Represented a global hospitality company in connection with the negotiation of an agreement to develop, host, maintain and operate a distributed global reservation system servicing more than 4,000 locations across the globe and processing more than $12 billion in transactions
  • Represented a global hospitality company in connection with the negotiation of an agreement with HP to procure, install and support a new point of sale system at more than 4,000 locations worldwide
  • Represented a global manufacturer of rolled aluminum in connection with the negotiation of an agreement to outsource the administration, management and operation of certain data centers, infrastructure and network services, and to migrate the hosting of certain software applications from a dedicated on premises solution to a shared cloud solution
  • Represented a publicly traded healthcare information technology provider in connection with the negotiation of an agreement to outsource administration, management and operation of certain data centers, IT infrastructure, maintenance and support of legacy in third-party applications, and network services
  • Represented a publicly traded airline in connection with the outsourcing of IT infrastructure (data centers), network, desktop support and related services to IBM
  • Represented a publicly traded office supply retail company in connection with the outsourcing of application development and support for certain legacy and third-party applications
  • Represented a health insurance company in connection with resourcing of an outsourcing arrangement for mainframe operations and the provision of batch claims processing services
  • Represented a publicly traded office supply retail company in connection with the negotiation of an agreement to outsource the administration, management and operation of certain data centers, IT infrastructure and network services and to provide a managed cloud solution to host certain software applications
  • Represented a Fortune 50 manufacturing company in connection with a full international IT outsourcing of all of the IT functions, including takeover of data centers, equipment, software maintenance and desktop, helpdesk and rebadging of employees
  • Represented major New York City teaching hospital in a full IT outsourcing including all data centers, software maintenance, desktop and help desk, and rebadging of employees 

Business Process Outsourcing

Our lawyers have experience assisting companies with BPO transactions in a wide variety of industries, including financial services, retail, manufacturing, telecommunications, consumer products, transportation and healthcare. As a result, we have experience with numerous types of business processes, which has enabled us to assist clients in developing efficient and enduring BPO relationships. We have assisted companies with a broad range of BPO transactions, including the following:

  • back office support
  • call center operations
  • credit card processing
  • customer relationship management
  • facilities management
  • finance and accounting services
  • human resources and benefits administration
  • insurance applications and claims processing
  • legal process outsourcing
  • supply chain and logistics

Representative Experience (BPO)

  • Represented a Fortune 50 retail company in connection with outsourcing of accounts payable, accounts receivable, audit, recovery and cash disbursement functions to IBM Daksh
  • Represented a Fortune 50 retail company in connection with outsourcing of customer relationship management function for services business to Convergys
  • Represented a Fortune 50 retail company in connection with outsourcing of customer relationship management for store operations to Affiliated Computer Services (ACS)
  • Represented a Fortune 50 retail company in connection with outsourcing of back office merchandising and logistics functions to TCS
  • Represented a service provider in the negotiation of an agreement with a global banking institution to provide an outsourced solution for payment and remittance processing for the United States and Canada
  • Represented a company in connection with outsourcing of its global facilities management function to Mace Marco Limited
  • Represented a global provider of containers and logistics solutions in connection with the negotiation of an agreement with ADP to outsource payroll and benefits for Australian and European operations
  • Represented a company in connection with outsourcing of call center operations, human resources functions, and application development and maintenance services to Tech Mahindra
  • Represented a global cosmetics and fragrance company in connection with the negotiation of an agreement with DHL to outsource the administration, management and operation of its North American supply chain and fulfillment operations, including facilities, pick, pack, shipping, delivery and returns
  • Represented the third largest private health system in the United States in connection with the outsourcing implementation of Electronic Health Records (EHR) that included EHR reimbursement under the HITECH Act for meaningful use
  • Represented a major opera company in connection with the outsourcing of all backstage and production functions in operation of machinery and equipment
  • Represented an airline company in connection with the negotiation of an online airline reservation system
  • Represented a major New York City bank in connection with the transition of its internet banking platform to a mobile platform
  • Represented a major New York City bank in connection with implementation of the bank's first interactive online platform
  • Represented a major U.S. subway system in the acquisition and implementation of a New Electronic Payments Program
  • Represented a major publicly traded Indian outsourcing company in connection with a business insurance processing center in Mumbai including the "design, build, transfer" transaction with the rebadging of 300 employees

Enterprise Resource Planning

Our lawyers have significant experience working with clients in the licensing, implementation and support of large ERP platform solutions in the financial, retail, manufacturing, telecommunications and hospitality industries. We assist clients in each stage of the transaction, beginning with the development of business requirements and technical specifications, preparation of the request for proposal, evaluation and selection of the service provider, negotiation of the definitive agreement and management of the project.

Representative Experience (ERP)

  • Represented a women's fashion designer and retail company in connection with the negotiation of agreements with SAP to license, install, host, manage and support an enterprise S/4 Hana software solution
  • Represented a designer and manufacturer of women's clothing in connection with licensing, implementation and support of a merchandise management system from SAP
  • Represented a retailer of women's fashion jewelry and accessories in connection with licensing, implementation and support of a merchandise management system from Oracle
  • Represented a retailer of fashion jewelry and accessories in negotiation of agreement with IBM to implement, host and maintain Oracle merchandise management system
  • Represented a global manufacturer of golf equipment and accessories in connection with the licensing, implementation and support of a hosted (ERP) system from Oracle
  • Represented a global manufacturer of golf equipment and accessories in negotiation of agreement with OSI Consulting Inc. to configure an Oracle ERP system
  • Represented a global manufacturer of sporting goods and apparel in connection with the negotiation of an agreement with Infor to license, implement and support their ERP system
  • Represented a hospital system in connection with the licensing, implementation and support of an enterprise resource platform for management of medical records from Epic Systems
  • Represented a private retail company in negotiation of an agreement with Logic Information Systems to implement and configure Oracle merchandise management system
  • Represented a private retail company in negotiation of an agreement with Wipro to implement and configure Oracle merchandise management system
  • Represented a home improvement company in negotiation of an agreement with Accenture to implement and configure SAP ERP system
  • Represented a major industrial motion manufacturing company with multiple international affiliates in connection with an enterprise-wide ERP system, including from order taking to manufacturing, inventory control, shipping, billing and applying cash, with 22 separate worldwide manufacturing locations

Managed Network Services Transactions

Our lawyers have significant experience working with clients in a variety of telecommunications  and MNS transactions, including global transactions involving MNS, local area network services, wide area network services, wireless network services and transport services.

Representative Experience (MNS)

  • Represented a company in connection with a global managed network services project that involved the provision of managed network and transport services in support of the global operations of Ameriprise Financial
  • Represented a company in connection with a global managed network services project that involved the provision of managed network and transport services in support of the global operations of Fannie Mae
  • Represented a company in connection with a global managed network services project that involved the provision of managed network and transport services in support of the global operations of Chubb Limited
  • Represented a company in connection with a global managed network services project that involved the provision of managed network and transport services in support of the global operations of Neovia Logistics
  • Represented a service provider in connection with the negotiation of an agreement to provide managed network services, transport services, and voice and data services to Hilton
  • Represented a service provider in connection with the negotiation of an agreement to provide managed network services, transport services, EVPN, Anira, and voice service to Mead Johnson
  • Represented a global telecommunications company in connection with negotiation of an agreement to provide managed network services for Georgia Technology Authority
  • Represented a company in outsourcing of global managed network services involving the rebadging of 1,500 employees in 26 countries
  • Represented a Fortune 50 telecommunications company in connection with a 10-year telecommunications outsourcing transaction, which was among the largest single source telecommunications outsourcing transactions
  • Represented a major international telecommunications company in connection with a 300-seat business process and call center in India

Cloud Computing and SaaS Transactions

Our attorneys have represented clients in the negotiation of numerous cloud services and SaaS arrangements. We have experience representing clients in a broad array of industries, solution types and business functions, and have bridged complex issues with most of the leading providers of cloud services and SaaS solutions.

With the recent proliferation of cloud computing and "as-a-service" solutions as well as the resultant legal and compliance risks associated with these solutions, companies need counsel experienced in outsourcing and technology transactions in order to obtain effective and compliant solutions as well as the most favorable risk allocation and price. Many of the risks attendant to cloud services and SaaS solutions are similar to the risks that arise in ITO and BPO transactions and require careful consideration of many of the same business, technical, financial and legal issues. Our extensive background in strategic sourcing as well as a deep understanding of the legal and business issues associated with private and public cloud solutions and SaaS solutions have allowed us to successfully obtain strong, compliant and lasting agreements for our clients.

Representative Experience (Cloud, IaaS, PaaS and SaaS)

  • Represented publicly traded hospitality company in connection with the negotiation of an agreement with Amadeus to develop, host, operate and support a global property management solution
  • Represented a privately held retailer of sports and outdoors merchandise in connection with the negotiation of SaaS agreement to provide an analytics solution
  • Represented a privately held retailer of sports and outdoors merchandise in connection with the negotiation of SaaS agreement to provide a size and order optimization solution
  • Represented a privately held retailer of sports and outdoors merchandise in connection with the negotiation of SaaS agreement to provide a merchandise price optimization solution
  • Represented a publicly traded retail provider of doughnuts in connection with the negotiation of SaaS agreement to provide a facility and maintenance solution
  • Represented a manufacturer of rolled metal products in connection with the negotiation of SaaS agreement to provide a human resource management and payroll solution
  • Represented a publicly traded hospitality company in connection with the negotiation of SaaS agreement to provide a global secure payment solution to more than 4,000 locations
  • Represented a manufacturer of building materials in connection with the negotiation of SaaS agreement to provide a human resource management and payroll solution
  • Represented a global hospitality company in negotiation of an agreement with Microsoft for the provision of an enterprise Microsoft Office 365 solution