Outsourcing and Technology Transactions

The Holland & Knight Outsourcing and Technology Transactions Team represents clients in all aspects of strategic outsourcing and enterprise technology transactions, and has significant experience with a broad range of transactions, industries and service providers. Our team has negotiated and completed billions of dollars of outsourcing and enterprise technology transactions throughout the world.

Our Outsourcing and Technology Transactions Team has extensive experience in a wide range of strategic outsourcing and technology transactions, including the following:

• Strategic Information Technology (ITO) and Business Process Outsourcing (BPO)
• Enterprise Resource Planning (ERP) Licensing, Implementation and Support
• Managed Network Services (MNS)
• Cloud Services, including Software as a Service (SaaS), Platform as a Service (PaaS) and Infrastructure as a Service (IaaS)
• Marketing Technology Solutions, including Digital Advertising, Digital Sponsorship, Loyalty Programs, Ad Word, Display Ad and Content Licensing
• Stored Value Card Production, Distribution and Processing
• Technology Development and Commercialization
• Joint Ventures and Strategic Alliances

Our experience with the major service providers, understanding of the critical operational, financial and legal risks associated with each type of transaction, and solution-oriented approach allows us to shorten the contracting cycle, speed realization of benefits for clients, and achieve flexible and lasting solutions.

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 (RFP), guidance through the vendor down-selection process, negotiation of a definitive agreement, life cycle management, and contract enforcement and dispute resolution.

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 full time and dedicated deal teams.

Our attorneys regularly represent clients in the following industries and have significant experience navigating the commercial, industry and legal issues that companies operating in these industries face:

• Healthcare and Pharmaceutical
• Banking and Financial Services
• Investment Advisory and Management
• Retail (Omni-channel)
• Hospitality and Leisure
• Information Technology Services
• Agriculture, Petroleum and Mining
• Manufacturing
• Insurance
• Public Transportation

We are committed to providing clients with a balanced and solution-oriented approach to negotiation that focuses on achieving strategic business objectives and maintains positions that meet our clients' risk profiles.

Holland & Knight employs a lean staffing model and consistently leverages technology to ensure that we provide excellent service in a cost-efficient and cost-effective manner.

Our Outsourcing and Technology Transactions Team consists of a core group of attorneys at all levels that are located in multiple offices around the country and who have significant experience advising clients on all aspects of outsourcing and technology transactions, including the development of the sourcing strategy, assistance with the RFP and down-selection process, advising on life cycle management issues, exit strategy and dispute resolution. We also have several members of our core team with in-house experience that provides us with deeper insight into the roles and responsibilities of information technology (IT), finance, procurement, operations and legal within a business, and enables us to provide succinct, practical and actionable advice to our clients. We consistently strive to make our clients' lives easier and to enable them to be successful in their roles.

Our core team is supported by a group of attorneys with particular industry and practice area skills and knowledge. On the industry side, we have deep experience in banking and financial services, healthcare and pharmaceutical, technology, retail and hospitality, real estate and construction, manufacturing and distribution and agriculture. On the supporting practice side, we have strong practices in privacy and data security, labor and employment, intellectual property, domestic and international taxation and other key areas, which bring deeper insight into the operational, financial and legal advice that we are able to offer clients.

In order to provide efficient and cost-effective support, we employ a lean staffing model – typically consisting of one partner and one associate – on a transaction and attempt to leverage contract staffing and automation for higher volume, repeatable activities. This approach, along with our broad geographic footprint that includes attorneys in several lower-rate markets, has enabled us to provide services in a cost-effective and competitive manner.

Strategic Outsourcing (ITO and BPO)

Our Outsourcing and Technology Transactions Team represents numerous clients in connection with outsourcing their information technology and business process 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 and BPO transactions, including transactions involving the following functions:

Enterprise Resource Planning (ERP)

Our lawyers have significant experience working with clients in the licensing, implementation and support of large Enterprise Resource Planning (ERP) software 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 (RFP), evaluation and selection of the ERP solution and implementation service provider, negotiation of definitive agreements and management of the project.

Cloud Computing

Our attorneys have experience representing clients in a broad array of cloud solution types and have bridged complex issues with most of the leading providers of cloud services.

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.

Managed Network Services (MNS)

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 voice and data transport services.

Advertising (AdTech) and Marketing Technology (MarTech)

Our Outsourcing and Technology Transactions Team has significant experience representing clients with advertising technology (AdTech) and marketing technology (MarTech) transactions. We actively assist clients in evaluating their AdTech and MarTech strategies, selecting and negotiating agreements with providers, and interpreting and advising on the complex and evolving legal requirements that apply to AdTech and MarTech transactions.

Our digital advertising and marketing experience includes paid search, display ad, search engine optimization, pay-per-click (paid advertisements and promoted search results), social media marketing, content marketing, email marketing, mobile marketing, marketing analytics and affiliate marketing arrangements. We also assist clients with content licensing and distribution, digital advertising, sponsorships and promotions, and similar arrangements.

Stored Value Cards

Our Outsourcing and Technology Transactions Team has significant experience representing clients with transactions involving the production, distribution and processing of closed-loop and open-loop stored value cards. We actively assist clients in evaluating their strategies, selecting and negotiating agreements with providers, and allocating responsibility for escheatment and other legal requirements that apply to stored value card transactions.

Technology Development and Commercialization

Our Outsourcing and Technology Transactions Team has significant experience representing clients with a broad range of commercial transactions involving the development and commercialization of technology and intellectual property. We actively assist clients in evaluating their strategies, selecting and negotiating agreements with providers, and ensuring that they obtain a favorable allocation of operational, financial and legal risks.

Joint Ventures and Strategic Alliances

Our Outsourcing and Technology Transactions Team has significant experience representing joint ventures and joint venture partners in connection with the development and negotiation of commercial contracts for the provision of services between the joint venture and the joint venture partners. We also assist the joint venture with the commercial contracts required to support the outbound marketing and sale of the products and services provide to customers by the joint venture.