As pressures continue to mount on organizations to minimize costs, improve efficiencies, and enhance their competitive advantage, outsourcing non-core yet vital business activities to third-party vendors becomes increasingly essential. Achieving the right relationship between parties is crucial and requires the assistance of seasoned counsel with both an understanding of the legal issues as well as the industries involved. Bryan Cave’s Outsourcing Practice includes skilled attorneys with substantial industry experience equipped to provide a rapid, thorough response to clients’ needs arising across the entire spectrum of outsourcing transactions–Technology Infrastructure Outsourcing; Application Maintenance and Development; Business Process Outsourcing; Business Transformational Outsourcing and Cross-Border Outsourcing.
Members of the Outsourcing Practice serve a broad cross-section of industries, including consulting and professional services, energy, information services, traditional computer and network software, online retailing, telecom, network and personal computer equipment, components and accessories, interactive entertainment, insurance, learning and education, automotive, manufacturing, wireless, broadcasting and media, traditional and Internet telephony, and technology and Internet services.
The firm’s approach is to treat outsourcing contracts as long-term business ventures between all parties -- with risks and rewards properly aligned to ensure a successful outcome. In delivering comprehensive legal solutions, our outsourcing attorneys draw upon experience from a wide range of Bryan Cave’s client service groups, including attorneys skilled in corporate and transactional matters, information technology, intellectual property, labor and employment, international law, tax, real estate, employee benefits, environmental law and others. This collaborative “One Firm” approach enables Bryan Cave to provide practical and value-added counsel at every stage of an outsourcing transaction.
Our attorneys have participated in all aspects of outsourcing transactions including:
Companies that use information technology outsourcing require efficient, sophisticated systems and software that are capable of responding to a fast-paced technology environment with its rapid changes in business models. Selecting the right technology partner is an integral part of successful ventures. Our outsourcing attorneys have acted as advisors in many types of engagements including:
Applications are the lifeline of any entity, supporting how a business is planned, managed and operated. As entities face the need to quickly respond to customer demands, requirements and issues, applications come under increasing pressure to support the business and maximize output for optimum results. Increasingly complex and integrated application portfolios, high maintenance costs, and added risk become significant issues for companies. We aid our clients in identifying trouble spots and offering timely solutions.
Business Process Outsourcing (BPO) may not involve standard information technology outsourcing. Typical BPO transactions require vendors to take responsibility for a diverse range of business operations, including claims processing, finance and accounting, human resource administration, call centers, real estate and facilities management, check processing, procurement, e-commerce, logistics support and supply-chain management. Because the stakes are so high in a BPO transaction, a vendor must fit seamlessly with a client’s operation, business model and processes. Our extensive experience in this sector coupled with our established, large network of vendor contacts and relationships enables Bryan Cave to facilitate win-win outsourcing arrangements.
Business Transformational Outsourcing (BTO) is an evolving offering by major outsourcing vendors. At the highest level of the outsourcing value chain, BTO offers sophisticated companies the opportunity to leverage their outsourcing contracts to achieve sustained improvement in strategic business functions and long-term competitive advantage. These transactions generally involve extensive “partnering” between vendor and customer, including financing arrangements to fund investments. They also often include risk and gain sharing based on the parties achieving defined outcomes which are tied to shareholder value improvement or similar metrics.
Globalization of organizations and commerce offers both opportunities and challenges for outsourcing. Significant differences in wage rates, real estate costs and regulatory issues compel organizations to consider international/cross-border outsourcing. To achieve the benefits of international outsourcing, enterprises and their service providers must bridge the corresponding cross-border differences in business and social culture, language, geopolitical risk, legal systems, regulation of business transactions and data flows, taxation, financial systems, currencies, logistical infrastructures, time zones, distances and dispute resolution processes. Organizations need to be aware of unstated assumptions to avoid miscommunications. Enterprises, service providers and their respective consultants and attorneys must actively explore the frameworks for cross-border collaboration.
Bryan Cave’s Outsourcing Practice provides:
The attorneys in Bryan Cave’s Outsourcing Practice understand the critical issues and challenges that organizations must address to achieve a successful outsourcing relationship. Our clients benefit from our: