Rebecca S. Eisner

"Rebecca receives particularly effusive praise for her outsourcing practice -- Clients extol the virtues of her sensible and experienced approach, which makes everyone take notice." Chambers USA

Rebecca Eisner serves on Mayer Brown's Partnership Board. She focuses her practice on technology and business process outsourcing and sourcing, information technology transactions, privacy, and security.

Rebecca has represented clients in complex global and offshore technology and business process outsourcing transactions, including information technology, finance and accounting, human resources, procurement, customer relationship and call centers, and development and transformational outsourcing, and cloud computing. She also has experience with re-structuring and re-negotiating outsourcing transactions, in-sourcing, managing acquisitions and divestitures in outsourcing transactions, and termination of outsourcing arrangements, and other strategic sourcing relationships.

Rebecca has represented both buyers and providers of technology goods and services. Her extensive experience includes software licensing, maintenance, support and development, application maintenance, offshore development, ERP implementations, systems integrations, back office processing services, ASP agreements, technology development and licensing agreements, hosting and data center agreements and network management agreements, and hardware acquisition and maintenance agreements. Rebecca regularly advises clients in data transfer and privacy issues, electronic contracting and signatures, and web site design and review. Her privacy work includes advising clients on privacy and data transfer issues affecting corporate initiatives, such as divestitures, global data programs, and global technology solutions.

Rebecca is nationally ranked in the areas of technology and business process outsourcing. She has been described as “an expert negotiator, and intelligent, focused and pragmatic." Sources note that “her dynamism in negotiations is extremely effective.” Rebecca has also been lauded for her “ability to get the results we're looking for without antagonizing the other party” (Chambers Global and Chambers USA). She has also been named as among the World's Leading Lawyers (information technology), Best Lawyers in America (technology law and information technology), one of the top women attorneys in Illinois (Leading Lawyers Network 2006, 2007, 2009) and on the list of Illinois Super Lawyers (2007-2009). She is also named in the International Who’s Who of Internet & e-Commerce Lawyers (2010). She is also a co-chair of the International Association of Outsourcing Professionals (IAOP) Security Chapter.

 Experience

• Represented multiple clients in cloud computing contracts, including global email systems, global HR data systems, and various Software as a Service engagements.
• Represented an international consumer packaged goods company in a three-tower global outsourcing deal with a total value of over $500 million in the areas of procurement, application development and maintenance and finance and accounting, involving global transformational projects.
• Represented an international food products company in outsourcing of its indirect procurement functions, with contractually committed savings in the hundreds of millions.
• Represented a major retailer in the outsourcing of hosting and network management for its major revenue-producing website.
• Represented an international food products company in a global finance and accounting outsourcing involving multiple continents.
• Represented one of the largest employers in the US in an offshore HR outsourcing deal, and two finance and accounting deals.
• Represented an electronic media and publishing company in its renegotiation and restructuring of an $300 million ITO deal, including implementation of a transformative virtualization program.
• Represented an insurance company in its infrastructure and network management outsourcing.
• Represented an international food products company in two significant outsourcing transactions with a total value of over $1 billion: one transaction is a major category and transactional procurement outsourcing project; the other involves global infrastructure, cross functional, and network services.
• Represented a global communications products manufacturer in a global IT outsourcing transaction valued at $1.7 billion and involving the transfer of employees and assets in more than 40 countries; subsequently retained to negotiate two offshore application development and maintenance deals with two Indian providers; when this client later spun off a significant business division, Rebecca represented the company in separating the existing outsourcing services agreement into two agreements, with a separate service agreement for the spinoff entity.
• Represented an educational publisher in outsourcing its indirect procurement function with committed savings.
• Represented a leading energy company in one of the first three-tower business process outsourcing transactions to be done: This client outsourced information technology, finance and accounting, and human resources functions to one supplier in a deal valued at roughly $350 million.
• Represented a global equipment manufacturer in its analysis, negotiations, and ultimate selection of a global sourcing strategy for its global procurement functions, including Asia, Europe, and North America.
• Represented a global data mapping company in two agreements with major Indian offshore providers for data cleansing and application maintenance. Also represented this client in connection with its establishment of a hybrid captive offshore service center in Asia. Provided strategic counsel to a global manufacturer of consumer products in global HR transactions outsourcing.
• Advised a global steel manufacturer regarding privacy and regulatory issues in connection with its implementation of a new global email system.
• Advised a global chemicals company in connection with privacy and data transfer issues regarding its spin off of an existing business division into a separate company. Coordinated advice from more than 25 countries regarding these issues.
• Advised clients with respect to data breach notification issues, and data security breaches.
• Represented the financial division of a diversified Fortune Top 10 company in its evaluation and implementation of an electronic signature and record vaulting system.
• Represented a global equipment manufacturer in its provision and licensing of integrated hardware, software, and services solutions to the mining and heavy equipment industries.
• Represented a national cellular service company in negotiations of a hardware, software, and services agreement with its key supplier of cellular network and infrastructure materials.
• Provided ongoing support to a major quick-serve restaurant company in various information technology, services, and licensing arrangements, including recent re-negotiations with a key supplier of a critical information technology system for its stores, franchisees, and headquarters; also assisted this client with data privacy and transfer compliance issues in its global transactions.
• Represented a global provider of telecommunications equipment and services in its information technology and outsourcing transition arrangements relating to divestiture of several of its major North American business units.
• Represented a major automaker in structuring a first impression legal opinion to be relied on by the rating agencies and involving the perfection of a security interest in electronic chattel paper.
• Represented a start-up company in its efforts to develop and bring to market a document storage and retrieval system for high net worth individuals, and other individual applications.
• Provided counsel on web site and privacy and data transfer issues, and electronic signatures, to a global soft drink bottling company, financial services provider, manufacturer of industrial paper products, and global manufacturer of packaging products.
• Provided ongoing counsel in information technology matters, including licensing, to a global food products company.

Education

• The University of Michigan Law School, JD, cum laude, 1989; Michigan Journal of Law Reform.
• The Ohio State University, BA, cum laude, 1984

Admissions

• Illinois, 1989

News & Publications

• "“Into the Breach, Managing Cyber Security Threats in the Digital Age” - Highlights From Our Recent Event," 30 May 2013
• "Recent US Developments in Mobile Application Privacy," Mayer Brown Legal Update, 2 April 2013
• "Long-Expected Omnibus HIPAA Rule Implements Significant Privacy and Security Regulations for Entities and Business Associates," Mayer Brown Legal Update, 11 February 2013
• "Identifying and Resolving US Export Control Issues in Outsourcing Deals," Intellectual Property & Law Journal, 6 September 2011
• "Identifying and Resolving US Export Control Issues in Outsourcing Deals," 8 June 2011
• "Business & Technology Sourcing Review - Issue 15, Fall 2010," Mayer Brown Newsletter, 30 September 2010
• "Clear Skies or Stormy Weather for Cloud Computing: Key Issues in Contracting for Cloud Computing Services," 30 September 2010
• "Clear Skies or Stormy Weather for Cloud Computing? Critical Privacy and Security Contracting Issues for Customers of Cloud Computing," PLI 11th Annual Institute on Privacy and Data Security Law, 2010
• "Troubled Outsourcing Arrangements: Strategies and Tips for Managing Difficult Issues," 28 July 2009
• "American Recovery & Reinvestment Act Significantly Impacts HIPAA," Mayer Brown Legal Update, 12 March 2009
• "Recent Developments in Privacy and Data Security," PLI Outsourcing and Offshoring, 2009
• "European Union Data Privacy Requirements, a U.S. Perspective," PLI Tenth Annual Institute on Privacy and Data Security Law, 2009
• "Securing Personal Private Information: Does Your Contract Do the Job?," 29 February 2008
• "Securing Personal Private Information: Does Your Contract Do the Job?," International IT and Outsourcing Newsletter, Issue 12, 2008
• "Privacy and Data Security in Service Provider Arrangements: Recent Developments," PLI Outsourcing and Offshoring, 2008
• "Securing Personal Private Information: Does Your Contract Do the Job?," Inside Sourcing, February 2008
• "Negotiating Indirect Procurement Outsourcing Agreements: Differences You Should Know," Mayer Brown Newsletter, May 2007
• "Negotiating Indirect Procurement Outsourcing Agreements," Financial Services Outsourcing, 2007
• "Offshoring Information Technology," Carmel and Tija, 2005
• "New California Law Requires Posting Privacy Policy," International IT and Outsourcing Newsletter, May 2004
• "The Optimal Approach for Sole Source Outsourcing," April 2004
• "Extraordinary Events in Outsourcing: Managing Acquisitions and Divestitures," April 2004
• "Recognizing and Managing Privacy Issues in Outsourcing (Including Offshore)," 7th Annual Institute on Privacy Law: Evolving Laws and Practices in a Security-Driven World, Volume Two,
• "Securing Private Information in Service Provider Arrangements: New Developments Shape Emerging US Privacy Standards," PLI Outsourcing and Offshoring 2007: Protecting Critical Business Functions, Volume 2, 2007

Events

• PLI’s Fourteenth Annual Privacy and Data Security Law Institute, 15-16 July 2013
• Into the Breach: Managing Cyber Security Threats in the Digital Age, 23 April 2013
• WESFACCA’s Privacy Developments, Requirements and Practical Applications for Corporate Legal Counsel, 18 April 2013
• Outsourcing Success in 2013: Best Practices, Market Trends and Sourcing Strategies for Corporate Counsel, 6 March 2013
• IAPP Web Conference: Up in the Air - Security and Compliance When Contracting in the Cloud, 1 November 2012
• Enterprise Cost Management Conference - Uncertain Times: Cost Management in the New Normal, 16 October 2012 - 17 October 2012
• PLI’s Outsourcing 2012: Cloud, Innovation and Other Hot Topics, 1-2 October 2012 and 29-30 October 2012
• PLI’s Privacy and Data Security Law Institute (Thirteenth Annual), 16 July 2012 - 17 July 2012
• Outsourcing Success in 2012: Sourcing Strategies & Priorities for Corporate Counsel, 24 April 2012
• Staying Ahead of the Revolution: What’s Next for Social Media?, 20 March 2012 - 21 March 2012
• Sourcing Interest Group Regional Roundtable—Minneapolis, 8 March 2012
• PLI’s Outsourcing 2011: Structuring, Negotiation and Governance - New York, 31 October 2011 - 1 November 2011
• PLI’s Outsourcing 2011: Structuring, Negotiation and Governance - Chicago, 19 September 2011 - 20 September 2011
• Sourcing Interest Group — Minneapolis Regional Roundtable, 14 September 2011
• Addressing Privacy and Security in the Cloud, PLI’s Twelfth Annual Privacy and Data Security Law Institute, 18 July 2011 - 19 July 2011
• Outsourcing Success in 2011: Playbook for the Changing Business Landscape, 12 May 2011
• What Happens After The Contract, The Knowledge Congress Webcast Series: Vendor Management, 5 November 2010
• Cloud Computing and Privacy: Clear Skies or Stormy Weather?, Sourcing Interest Group’s Regional Round Table – New York, 27 October 2010
• PLI's Outsourcing 2010: Structuring, Negotiation and Governance - Chicago, 20 September 2010 - 21 September 2010
• Cloud Computing, 11th Annual Privacy and Data Security Law Institute, 19 July 2010 - 20 July 2010
• "IAOP Data Security Chapter Meeting," New York, January 2010
• "Sourcing Predictions for 2010 and Beyond," Sourcing Interest Group Webinar: Sourcing Predictions for 2010 and Beyond, January 2010
• "Troubled Outsourcing Arrangements: Strategies and Tips for Managing Difficult Issues," Sourcing Interest Group Webinar: Troubled Outsourcing Arrangements: Strategies and Tips for Managing Difficult Issues, September 2009
• "Outsourcing and Offshoring 2009: Meeting New Challenges," PLI, (September and November), September and November 2009
• "Tenth Annual Institute on Privacy and Data Security Law," PLI, July 2009
• "Outsourcing in the Pharmaceutical Industry," IAOP NY Chapter Meeting, June 2009
• "Privacy, Data Security and Outsourcing (Insight 2008)," Insight Business Conference on Major Business Agreements, November 2008
• "Emerging Standard in Privacy and Data Protection," Emerging Standard in Privacy and Data Protection: Worldwide Development, Trends and Practical Applications, May 2008
• "Best Practices, Market Trends and Sourcing Strategies for Corporate Legal Counsel," Outsourcing Success in 2008: Best Practices, Market Trends and Sourcing Strategies for Corporate Legal Counsel, January 2008
• "Privacy, Data Security and Outsourcing (PLI 2008)," PLI Outsourcing and Offshoring 2007, Chicago, 2008
• "Privacy, Data Security and Outsourcing (Insight 2007)," Insight Business Conference on Major Business Agreements, October 2007
• "Managing Server Consolidation," TPI Sourcing Leadership Exchange, May 2007
• "Privacy, Data Security and Outsourcing (PLI 2007)," PLI Outsourcing and Offshoring New York, 2007, 2008
• "Effective Licensing for Software, Databases and Information," Insight Business Conference on Major Business Agreements, November 2006
• "Managing Privacy Issues in Significant Transactions," PLI 7th Annual Institute on Privacy Law, July 2006
• "Making Licensing Work for Your Business," Insight Business Conference on Drafting and Negotiating Major Business Agreements, October 2005
• "Managing Materials Licensing Risks," Insight Business Conference on Drafting and Negotiating Major Business Agreements, November 2004
• "Undoing the Deal: Termination and Unwinding," PLI The Outsourcing Revolution, October 2004
• "Service Providers Perspective, Panel Moderator," Strategic Research Institute Offshore Outsourcing Conference, January 2004
• "Technology Executives Club," Legal SIG, Co-Chair and Presenter on various topics, 2003-2004
• "Does Privacy Matter in Business Process Outsourcing?," Offshore and Nearshore BPO Contact Center Conference, New York City, October 2002
• "The Inside Scoop on Outsourcing: ASP Relationships and Beyond," Illinois Institute for Continuing Legal Education, September 2002