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A Practical Guide to Outsourcing Agreements, 2nd Edition

Are you working for a company contemplating a strategic change in business operation? Want to ensure that once a decision has been made to outsource a business function, you will be in a position to negotiate fair and balanced agreements with service providers? Take Advantage of Outsourcing Acquiring greater efficiency and economy of scale from an ...



Publisher: LexisNexis Canada
Country: Canada
Format: Hardcover Book
Publication Language: English
ISBN: 9780433460268
Publication Date: 2010-07-01
 
Price: $195.00
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    Are you working for a company contemplating a strategic change in business operation?

    Want to ensure that once a decision has been made to outsource a business function, you will be in a position to negotiate fair and balanced agreements with service providers?

    Take Advantage of Outsourcing

    Acquiring greater efficiency and economy of scale from an outside source allows a company to concentrate on its strengths and not get distracted from executing its key business strategies. Outsourcing permits an organization to transfer the ownership of certain business functions to another company in order to:

    • Reduce and control operating costs
    • Eliminate the cost of acquiring, updating and maintaining systems in-house
    • Improve process efficiencies
    • Eliminate difficult-to-manage functions
    • Gain access to world-class capabilities and technologies
    • Retain services where there are no comparable internal resources
    • Reduce/limit staff growth
    • Free up time and essential internal resources
    • Minimize the time spent on compliance issues

    Negotiate the Best Possible Deal

    LexisNexis® Butterworths A Practical Guide to Outsourcing Agreements, 2nd Edition is the essential guide book to analyzing the major issues that arise in outsourcing agreements. Author Adam Vereshack has over 20 years' experience negotiating outsourcing transactions for major Canadian and international companies. Guidelines and clauses help you to deal with the basic questions of when outsourcing is an appropriate solution to a situation and what issues must be addressed when contracting with a supplier. All issues discussed have been taken from actual outsourcing agreements.

    Beyond Borders

    The outsourcing of business functions is a global phenomenon - crossing borders of countries as well as provinces and states. So regardless of where your company is headquartered - Canada, the U.S., Australia, the United Kingdom or anywhere else - if your company is seeking to outsource information technology or business processes this is the book for you.

    The Definitive Guide to Outsourcing Contracts For

    • Business lawyers who want to understand the issues that arise in outsourcing agreements in order to practise in this burgeoning area
    • Corporate executives, including chief information officers and chief financial officers, who wish to outsource information technology and/or business processes

    New in This Edition

    New or expanded coverage on the following topics:

    • Top reasons for not outsourcing non-core activities
    • Dealing with the often unreasonable customer executive view of the time required to complete an outsourcing agreement
    • The role of cloud computing in outsourcing agreements
    • The use of open source software
    • Proper allocation of R&D tax credits
    • The nature, scope and use of guaranties
    • `Dumpster-diving' and its implications on confidentiality obligations
    • Quality management (ISO) system standards
    • Complying with applicable legislation on the use of offshore services
    • Discussion on emerging approaches to gain sharing
    • Updated discussion on when benchmarking may not be appropriate
    • The use of `most favoured customer' clauses
    • Expanded discussion of insurable risks and their relation to limit of liability clauses
    • Updated discussion on the pros and cons of offshoring
    • A brand new 70-page sample outsourcing agreement

    Chapter 1: Introduction
    Chapter 2: Identification of Parties and Recitals
    Chapter 3: Transitional Matters
    Chapter 4: Transfer of Employees
    Chapter 5: Services
    Chapter 6: Project Services
    Chapter 7: Improvements and Gain Sharing
    Chapter 8: Fees and Charges
    Chapter 9: Invoicing, Payment and Taxes
    Chapter 10: Subcontracting
    Chapter 11: Performance and Service Levels
    Chapter 12: Performance: The Balanced Scorecard
    Chapter 13: Audit Rights
    Chapter 14: Change Order Process
    Chapter 15: Force Majeure and Disaster Recovery
    Chapter 16: Relationship Governance
    Chapter 17: Intellectual Property
    Chapter 18: Confidentiality and Privacy
    Chapter 19: Insurance
    Chapter 20: Indemnities and Guarantees
    Chapter 21: Representations, Warranties and Covenants
    Chapter 22: Limitation of Liability
    Chapter 23: Termination
    Chapter 24: Results of Termination
    Chapter 25: Dispute Resolution
    Chapter 26: Miscellaneous Provisions
    Chapter 27: Offshore Outsourcing

     

    Adam D. Vereshack, B.A., J.D.


    Adam D. Vereshack, B.A., J.D., has practised information technology law for over 30 years. Now a sole practitioner, he practised at McCarthy Tétrault for 25 years where he was a partner in the Technology Law Group. He specializes in outsourcing transactions having negotiated over 20 such transactions since 1990. He also has extensive experience in providing advice relating to a wide range of other complex IT transactions including strategic alliances, system acquisitions and technology development and licensing arrangements. His in-depth experience over many years allows him to assist clients with practical solutions to complex IT contracting challenges.

     

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