IT Procurement and Outsourcing
Our lawyers negotiate all aspects of transactions involving information technology systems, including procurement of hardware and software, joint ventures, outsourcing and transition service arrangements for IT-related functions. We cover a multitude of industries, ranging from healthcare, financial services, insurance, satellite communications, telecommunications and consumer electronics to electronic voting systems, and our clients include leaders in these key industries. We have represented vendors, service providers and their customers.
We have particular experience with:
- Enterprise Resource Planning and Asset Management Systems
- Customer Relationship Management Systems
- Electronic Payment Processing Systems
- Health Information Management Systems, including claims processing
- Electronic Medical Records Systems
- Satellite Construction and Launch Contracts
- Electronic Data management, including email archiving and storage
- Electronic Voting Systems
- Pure Open Source and Mixed Source Software
- Global IP Transfer and Transfer Pricing Arrangements
Recent assignments include:
- For over a decade, we have assisted a leading financial payments processing company and its affiliates on numerous matters involving the development, acquisition and exploitation (internally and externally) of software systems and other technology used in the client’s data center; projects include both in and out licensing of commercial IT resources, and the commercial IT and intellectual property aspects of many of the client’s acquisition, divestiture and joint venture transactions.
- Serve as principal outside commercial IT counsel for a large cellular and wireless provider in connection with virtually all of its technology-related transactions; internal users of the technology include personnel in all operating areas of the company; information technology includes computer systems and support for operations (i.e., sales, marketing and distribution) as well as systems, support and engineering for the cellular network infrastructure; transactions include licensing and services arrangements as well as hardware acquisition and maintenance.
- We assisted a Wall Street investment bank in connection with the outsourcing of certain of its back office banking procedures to a third party processor.
- We conducted fast-track negotiations to acquire and implement a worldwide ERP system for an international metals company. The negotiations were conducted against SAP, Oracle, IBM and Accenture, and the concessions we secured prompted one IT consultant to reevaluate how its clients should conduct similar future negotiations.
- We serve as regular IT counsel to a financial clearinghouse, which clears and settles trades on the six public options exchanges in the United States. Projects include transaction involving settlement technology infrastructure; developing and maintaining the technology infrastructure for an inter-market option linkage that enable trade orders placed on one exchange to be transmitted to the other exchanges for execution, partial execution, cancellation or rejection; and acquisition and licensing of information products.
- We regularly represent the County of Los Angeles, California in many of its IT procurements, including electronic voting systems, health information management systems, mobile data communications systems, storage area network acquisitions, arterial traffic control systems and asset management systems. We also represented another California county in its procurement of an electronic voting system from Diebold, and subsequent amendments to add paper audit trails.
- We served as principal outside counsel for an IP Telephony company in connection with the outsourcing to IBM of certain of the company’s mainframe, server, application maintenance and development and end-user services functions both domestic and overseas including development of detailed service descriptions and addressing off-shore service delivery issues.
- We assisted an international toy company, working with its outside accountants, to arrange for the transfer and ownership of existing and newly developed IP in several foreign subsidiaries.
- On behalf of a national medical association, we drafted and negotiated an agreement pursuant to which the association outsourced all of its mainframe data processing functions.
- Served as lead commercial IT counsel on nearly 100 transactions for the captive processing and administrative entity of a leading insurance company, in connection with its acquisition and use of software and services from third party technology service providers.
- We represented a national telecommunications company in several telecommunications and systems outsourcing transactions.
- We are currently representing a leading healthcare provider in the development and deployment of an internal nationwide mail-order pharmacy system.
- We represented an HMO in its negotiations with Computer Sciences Corporation in connection with CSC’s provision of information technology services to the HMO which itself was assuming responsibility for administering a State’s Medicaid program.
- We represented a major consumer products company that outsourced its freight payment functions including receiving, managing, compiling, auditing and arranging payment of invoices and the preparation and submission of claims related to third-party shipping and transportation services used by the company, as well as other related services.
- We assisted the information services arm of a major international airline in negotiating and drafting the agreement pursuant to which it became the outsource vendor providing reservations system services for a major international hotel chain.