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Outsourcing: A Practical Guide

Outsourcing: A Practical Guide

  • Author:
  • Publisher: Globe Law and Business
  • ISBN: 9781909416659
  • Published In: September 2015
  • Format: Hardback , 385 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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The global outsourcing market continues to expand, setting records in terms of both overall numbers of deals and total deal values. With the underlying services increasing in both scope and complexity, there is accordingly more focus than ever before on the contract provisions underpinning such deals and the emerging body of best practice concerning their negotiation.

This book draws together the experience of the global technology and sourcing team at DLA Piper, one of the world's largest law firms, in order to address the complete lifecycle of an outsourcing contract and the variety of legal and contractual issues that can arise in connection with such a project, from the initial genesis of the proposal to outsource all the way through the procurement process and onto post-contract signature contract management. In so doing, it also breaks down the core outsourcing contract into its constituent parts, explains the rationale for the relevant provisions (from both a customer and service provider perspective), and provides guidance as to current market practice, options and trends.

Whether you are a user of outsourced services, an adviser on outsourcing projects or working with a service provider engaged in the provision of the outsourced services itself, this publication will provide you with an end-to-end guide to the outsourcing contracting process and the detailed terms to be considered and carefully negotiated.

Part 1: Preparing to outsource
Introduction
Status of the Outsourcing Marketplace
Overview of the Procurement, Negotiation and Delivery Process

Part 2: Practical guidance and risks
Role of the Client
Practical perils and pitfalls
Deal specific issues
Multi jurisdictional deals
SIAM/multi vendor projects
Different types of outsourced services

Part 3: Key provisions and issues
Due Diligence and Transition
The Services and Service Levels
Charges and Charging Models
Warranties and Delivery Commitments
IP, Data and Confidentiality Liability and Indemnities
HR and ARD/TUPE
Termination and Step In Rights Assets and Third Party Contracts
Governance, Vendor Management and Dispute Resolution
Renegotiations, Retenders and Transitions to a Replacement Supplier

Consulting editor: Kit Burden, DLA Piper

Contributing firm Author(s)
   
Australia  
DLA Piper LLP Anthony Willis
  Peter Jones
  Sharon Rowe
  Tim Lyons
Belgium  
DLA Piper UK LLP Kristof De Vulder
England  
DLA Piper UK LLP Duncan Pithouse
  Gareth Stokes
  Kit Burden
  Peter Brook
  Thomas Kerr Williams
France  
DLA Piper France LLP Gregory Tulquois
  Jonathan Rofé
  Stéphane Lemarchand
Germany  
DLA Piper UK LLP Jan Pohle
  Kai Bodenstedt
Hong Kong  
DLA Piper Hong Kong Scott Thiel
Netherlands  
DLA Piper Nederland NV Joris Willems
Scotland  
DLA Piper Scotland LLP Callum Sinclair
  John McKinlay
United Arab Emirates  
DLA Piper Middle East LLP Paul Allen
USA  
DLA Piper Anne Friedman
DLA Piper LLP Gregory A Manter


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