Understanding and Negotiating the Outsourcing Agreement

Program Number: 2126

Program Date: 10/20/2011

Description

When a company considers outsourcing certain services or functions to a third party, corporate counsel must understand and assess the risk in doing so. For example, outsourcing does not fully abdicate the company’s risk, nor does the outsourcer take on complete liability. It is also imperative that corporate counsel: (a) address transitioning the services from the company to the outsourcer and consider the impact on its personnel and costs and any existing labor agreements; and (b) understand other key issues and fundamental aspects of the outsourcing agreement, such as the key performance indicators (KPIs) and service levels, and how these issues will affect the delivery of service and ultimately affect the company. In addition, as part of any such negotiation, appropriate remedies must be established to ensure the outsourcer’s compliance with such KPIs and service levels. During this presentation, Matt Karlyn and Aaron Tantleff of Foley & Lardner LLP discuss how to draft and negotiate these issues and more, including some additional methods on managing performance, termination and transition assistance, and intellectual property protection.

$80.00Audio CD Add to Cart $80.00Online Audio Add to Cart

Available in states

Arkansas, California, Colorado Eligible, Florida, Georgia, Missouri, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit
60 minute credit hour - 1.0 General CLE credit

State Program Numbers

Presenters


Matthew A. Karlyn, Esq.

Foley & Lardner LLP

Matthew A. Karlyn, Esq. is a partner with Foley & Lardner LLP, where he is a member of its Information Technology & Outsourcing practice group and its Privacy, Security and Information Management practice group. He has extensive experience with transactions related to outsourcing and information technology including business process outsourcing, IT outsourcing, HR outsourcing, legal process outsourcing, technology licensing, cloud computing, systems integration and software development. He also advices companies with respect to privacy, security and information management matters, compliance with federal and state laws, and drafting and implementing privacy and security policies and standards. In addition to his law degree, Mr. Karlyn has a MBA from the University of Chicago, and he has been selected for inclusion in the 2010 Massachusetts Super Lawyers Rising Stars list, an honor given to the top 2.5% of Massachusetts lawyers under the age of 40. A frequent speaker and writer in the area of information technology and outsourcing (for a complete listing of his publications and speeches, see http://www.foley.com/people/bio.aspx?employeeid=27862), he can be reached via email at: mkarlyn@foley.com.

 

Aaron Tantleff, Esq.

Foley & Lardner LLP

Aaron K. Tantleff, Esq. is senior counsel with Foley & Lardner LLP and a member of its Information Technology & Outsourcing Practice and the Energy, Health Care, and Life Sciences Industry Teams. His practice includes information technology, outsourcing, licensing, transactional intellectual property, e-commerce, development, manufacturing, supply, and distribution agreements, as well as product acquisitions, strategic alliances, mergers and acquisitions, and private equity investments where technology and intellectual property are of significant importance and value. Mr. Tantleff, who frequently speaks and writes on such topics, is also an adjunct professor of law at Loyola University Chicago School of Law, where he teaches a course on transactional intellectual property law that focuses on intellectual property licensing, valuation, acquisitions, divestures and joint ventures and technology development.