A Practical Guide to Outsourcing Agreements, 2nd Edition

This 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.

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, 2^nd 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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