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A Practical Guide
The global outsourcing market continues to expand and 2014/15 will likely set 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.
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INVOLVED IN OUTSOURCING?
HERE’S ANOTHER BRILLIANT BEST FRIEND
FROM GLOBE LAW AND BUSINESS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Did you know that the construction of the pyramids was outsourced? Makes sense, doesn’t it, when you consider the project management challenges involved. But if you find yourself face to face with the challenges of twenty-first century outsourcing and the inherent contractual issues, this book published recently by Globe Law and Business, could well be your best friend.
Within its 285 or so pages, this practical guide brings together the combined expertise of no less than twenty-three outsourcing experts from DLA Piper which, as if you didn’t know, is one of the world’s largest law firms. Edited by Kit Burden, a partner at DLA Piper, this handy volume certainly places some awesomely high powered advice and consultancy at your fingertips.
Examined in detail is the end-to-end (or should one say beginning-to-end) life cycle of an outsourcing contract, from initial proposal to procurement, to the management of the project following the signing of the contract. Particularly important here is the guidance provided by this book on current trends, options and market practices
The outsourcing market has already hit an estimated $280 billion in 2013/2014, with a further anticipated increase of 4% in the year thereafter. As Kit Burden remarks, ‘there has probably never been a better time to write a book about outsourcing and the associated process of negotiating and drafting an outsourcing agreement.’
By its very nature, an outsourcing contract can be quite accurately described as a ‘mega deal’, usually valued to the tune of hundreds of millions, even billions. For a number of other reasons -- including human resources, as well as financial issues – an outsourcing contract is much more complex than an ordinary business sale contract. The major difference is that the relationships involved (often cross-border) must be sustained for a foreseeably lengthy period after the contract is signed, during which time certain circumstances may change. Predictably, the need for in-built flexibility in the contractual terms is paramount, but not easy to achieve.
To help you cope, this book covers, we would have thought, just about every important aspect involved in outsourcing, from the question of ‘why outsource?’ to negotiation and delivery to multi-jurisdictional deals, warranties, due diligence, liability and indemnity, intellectual property… and so much more.
Written in a lively and consistently accessible style, the book provides a global perspective and timely advice on this vital and intricate subject. Whether you are a user of outsourced services, or a provider -- or a lawyer charged with advising clients on outsourcing, it is fair to say that you will find this book indispensable.
The publication date is cited as at 2015.