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Outsourcing Contract Terms

Morgan Lewis - Tech & Sourcing

Next Gen Outsourcing Its About Transformation

The leveraging of outsourcing engagements to implement and support digital transformation solutions is emerging as the foundation for the next generation of outsourcing. Digital transformation is a critical part of many...more

Morgan Lewis - Tech & Sourcing

Outsourcing Update: The Convergence of Business Process Outsourcing and Digital Enablement

Gone are the days when a company could outsource the “people” that perform a business process without considering, and likely including in the outsourcing arrangement, the digital enablement of the underlying workflows and...more

Morgan Lewis - Tech & Sourcing

The Rise of the Global Capability Center: Key Considerations

Interest in offshore business centers, commonly known as global capability centers (GCCs), continues to rise as US companies across industries look to establish overseas offices and hire skilled workers to support critical...more

Morgan Lewis - Tech & Sourcing

The Devil Is in the Details: Key Thoughts on Compliance Provisions

In the current, highly competitive, business landscape, businesses face the challenge of optimizing efficiency, enhancing productivity, and reducing costs, all while maintaining the quality of their services. One of the...more

Venable LLP

Advertising Agreements: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more

Morgan Lewis - Tech & Sourcing

Contract Corner: The Rise of Next-Gen Business Process Outsourcing: Process Optimization, Digital Innovation, and Outcome-Based...

Business process outsourcing (BPO) transactions are on the rise, with bullish forecasts from industry analysts including a projected revenue annual growth rate (CAGR 2023–2027) for the global BPO market of 6.48%, reaching a...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Key Terms When It Comes Time to Terminate

The decision to terminate an agreement cannot be taken lightly. In exercising the option, understanding the key terms of the agreement and necessary steps to effectuate the termination are critical. As we have previously...more

Morgan Lewis - Tech & Sourcing

Considering Security, Audit, and Other Key Provisions When Your Supplier Shifts to a More Permanent Remote Work Model

With the COVID-19 pandemic, many industries experienced a major shift in how the personnel of key suppliers worked, with “nonessential” personnel in large part working remotely. When this shift to remote work first happened...more

Morgan Lewis - Tech & Sourcing

From Pandemic Challenges to a Potential Recession – Are Your Outsourcing Contracts Up to Date?

The COVID-19 pandemic introduced unprecedented challenges, requiring companies to adapt quickly to the way their personnel work, changes in their business offerings, and how they interact with their customers and suppliers....more

McDermott Will & Emery

[Webinar] Urban Legends in Technology and Complex Commercial Contracts - December 8th, 1:00 pm - 2:00 pm EST

McDermott Will & Emery on

How often have you battled over best efforts vs. commercially reasonable efforts, used “work for hire” language thinking it would offer broad intellectual property protection or found yourself excluding “consequential...more

BCLP

UK Insurers Should Begin to Comply with New PRA Mandatory Contractual Requirements for Material Outsourcings

BCLP on

The PRA’s supervisory statement on outsourcing arrangements and managing third party risk requires insurers to take action now, to ensure that outsourcing agreements which are currently being negotiated comply with the new...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Technology Transformation in Outsourcing Agreements (Part 3)

In an ideal outsourcing relationship, technology transformation through innovation, continuous improvement, and future project work is never really “over.” When documenting an initial transformation program and individual...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Technology Transformation in Outsourcing Agreements (Part 2)

Earlier this month, we discussed the significance of the transformation workstream in outsourcing transactions and outlined important topics and points to consider when documenting the overall transformation methodology...more

Morgan Lewis - Tech & Sourcing

COVID-19’s Impact on Outsourcing and Managed Services: Update on 5 Key Issues

In April, we shared a LawFlash Outsourcing and Managed Services Agreements During COVID-19: Our Perspective. With the continued and unprecedented impact of the coronavirus (COVID-19) pandemic on business operations, we...more

White & Case LLP

COVID-19: Key Issues When Sourcing Pandemic Prevention Supplies from China

White & Case LLP on

Pandemic prevention supplies are in high demand during the current coronavirus disease (“COVID-19”) outbreak. China, as it gradually gets the outbreak under control, is resuming manufacture and exporting the supplies to the...more

Morgan Lewis - Tech & Sourcing

Contract Corner: An Overview of Benchmarking for Customers and Suppliers

Often included in long-term outsourcing/managed services agreements but sometimes overlooked as a contractual right, in this post we look at benchmarking provisions, including what benchmarking is, common rights and...more

Pillsbury Winthrop Shaw Pittman LLP

Extraordinary Times, Extraordinary Measures

Using the “Extraordinary Events” clause to reduce outsourcing service charges and operating expenses during the COVID-19 pandemic. With revenues down dramatically due to COVID-19 measures, businesses across most sectors...more

Morgan Lewis

Contract Corner: Considerations for a Termination for Convenience Provision

Morgan Lewis on

In a long-term outsourcing, software as a service (SaaS), or other services agreement, the customer will typically push for a termination right relating to the service provider’s breach, and perhaps for an insolvency event or...more

Morgan Lewis

2019 ISG Momentum Market Trends & Insights Geography Report

Morgan Lewis on

The 2019 ISG Momentum Market Trends & Insights Geography Report was recently released and contains valuable insights on how the outsourcing industry is growing and transforming around the world. The report, which was...more

Morgan Lewis

Contract Corner: Are You Within Market? A Look at Key Components of a Good Benchmarking Clause

Morgan Lewis on

You signed a long-term deal. It would be embarrassing if, in a few years after signing, the pricing is significantly higher or your service levels are significantly lower than market. Benchmarking provisions are intended to...more

Morgan Lewis

Contract Corner: The Concept of Good Faith in Commercial Contracts Under English law

Morgan Lewis on

In this contract corner, we consider the concepts of “good faith” in commercial contracts under English law. The General Position Under English Law - The notion of good faith is a complex and evolving concept under...more

Morgan Lewis

Contract Corner 10: Performance 'Incentives' to Consider When Structuring Your System Development or Implementation Contract

Morgan Lewis on

We have all heard the horror stories: system implementation deals costing 300% more than the original budget, go-live dates for development projects being way past the scheduled dates, and deliverables that do not meet the...more

BCLP

Whether to outsource hotel F&B – key considerations

BCLP on

F&B (food and beverage) offerings which provide a fine dining experience are increasingly proving an attraction in themselves for hotel residents and non-residents alike, improving hotel occupancy rates and profitability.  So...more

Latham & Watkins LLP

New Challenges for Transitional Services Agreements in Financial Services M&A

Latham & Watkins LLP on

Subcontractors, security, and audit and termination rights will require special consideration under forthcoming EBA outsourcing guidelines. Recent growth in divestiture and carve-out deals in the M&A landscape, including...more

Morgan Lewis

Contract Corner: Defining Transition Workstreams in Outsourcing and Managed Services Contracts

Morgan Lewis on

When we represent customers in outsourcing and managed services transactions, we spend a significant amount of time drafting the exhibits for transition, which is typically a major project in and of itself. In order to help...more

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