Outsourcing 2010: Structuring, Negotiation and Governance

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

As the outsourcing industry has matured, the deals have become more complex and mission-critical and the law has grown deeper and broader.  The legal documents are essential, and lawyers can create or lose a great deal of value for their clients.  Thus, any lawyer working in this field needs to understand the latest ideas on how these deals are structured, negotiated and governed.  This is without question the most rigorous and best outsourcing program available for U.S. lawyers.

What You Will Learn

• Effective negotiation strategies for creating and realizing value in outsourcing transactions
• Key pricing and financial provisions
• Common IP approaches and pitfalls in these global transactions
• How to use “Green Sourcing” to acquire “Green Technology” and imposing “Green Technology” requirements on outsourcing providers
• Customer and supplier perspectives
• Practical lessons in governance
• Managing risk and maximizing value in global sourcing
• Offshoring to India, China and elsewhere
• What every sourcing lawyer should know about bankruptcy law
• How to address essential privacy and data security issues, including new issues in “Cloud Computing”

Who Should Attend

This seminar is designed for attorneys and business professionals who are involved in outsourcing arrangements; and corporate, technology, intellectual property, employment, regulatory, tax, financial, and insurance lawyers and business professionals.

Special Features

• Case study approach to create consistency across presentations
• Mock negotiation of an outsourcing agreement
• Ethical issues in legal process outsourcing (1 hour ethics credit)

Live Webcast

The New York City session of this program is available live via the web:

• Print the Course Handbook
• Submit questions electronically
• Get “real-time” education right from your PC!

For more information click on the Live Webcast link in the Related Items box.

If you have any questions please call PLI’s Customer Relations Department at (800) 260-4PLI.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival.

Day One:  9:00 a.m. - 5:00 p.m.

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  INTRODUCTION

Case study for the day: a move to ITO, BPO and KPO by a global company using both onshore and offshore suppliers

Laurie S. Hane; George Kimball

9:15  OUTSOURCING CONTRACTING PROCESS

• The unique nature of outsourcing negotiations
• Effective negotiation strategies for sole-source and competitive processes
• Key milestones and documents
• Better, faster, simpler approaches
• Transferring from contracting to governance
• Renegotiation considerations

Brad L. Peterson

10:15  PRICING AND FINANCIAL STRUCTURES
 

• How to choose a financial structure
• Addressing volatility through currency and inflation indices
• Addressing changes in market pricing through benchmarking and other rights
• Tax structuring

Bill Peters; Ron Walker

11:15  Networking Break

11:30  INTELLECTUAL PROPERTY PITFALLS

• Provider-side and customer-side approaches to IP rights
• What to watch out for
• Practical solutions and common compromises
• Open source software
• Global considerations
• Deal data regarding common compromises

John F. Delaney

12:30  Lunch

Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  GREEN OUTSOURCING

• Green IT, improving data center efficiency and saving money, manpower and energy
• Using outsourcing to achieve or avoid carbon requirements
• Green considerations in manufacturing, remanufacturing and product life-cycle management
• Compliance with corporate sustainability polices
• How to establish Green service levels
• Supply chain sustainability and management

William A. Tanenbaum

2:45  RISK ALLOCATION, LIABILITY LIMITATIONS AND DISPUTE RESOLUTION

• Contractual protections: indemnities, liability limits and remedies
• Sources of disputes
• Dispute resolution mechanisms
• Competing interests and negotiating strategies of customers and suppliers

George Kimball

3:45  Networking Break

4:00  PRACTICAL LESSONS LEARNED IN GOVERNANCE

• What it’s really like to manage an outsourcing engagement from the customer side and the supplier side
• Most valuable contract provisions
• How to transfer knowledge from the negotiation team to the engagement team
• What worked; what didn’t
• Key aspects of successful governance structure
• Excellence and execution in governance
• Remediation considerations

Danny Ertel

5:00  Adjourn

Day Two:  9:00 a.m. - 4:30 p.m.

Morning Session:  9:00 a.m. - 12:15 p.m.

9:00  TRENDS, TRAPS AND EMERGING OPPORTUNITIES IN GLOBAL SOURCING

• Current trends in offshore and global outsourcing
• Business, legal and tax complexities and traps for the unwary
• New models, metrics and tools to maximize value
• Emerging markets, services and opportunities

Michael S. Mensik, Atul Vashistha

10:00  Networking Break

10:15  TRENDS, TRAPS AND EMERGING OPPORTUNITIES IN GLOBAL SOURCING (continued)

Michael S. Mensik, Atul Vashistha

11:15  PRIVACY AND DATA SECURITY

• Addressing U.S. and foreign laws in outsourcing contracts
• Privacy and security issues raised by cloud computing
• Contracting for privacy and security issues in cloud computing
• What data controllers need in their contracts

Tanya L. Forsheit

12:15  Lunch

Afternoon Session:  1:15 p.m. - 4:30 p.m.

1:15  BANKRUPTCY

• What every sourcing lawyer should know about bankruptcy law
• Practical tips for customers and suppliers for reducing exposure
• Section 365(n) and IP Rights Issues
• Software escrows

Lee R. Bogdanoff ; Laurie S. Hane

2:15  Networking Break

2:30  MOCK NEGOTIATION OF AN OUTSOURCING DEAL

• Observe a mock negotiation of an outsourcing agreement by top practitioners
• Key clauses in outsourcing agreements
• Negotiation strategies for outsourcing and technology licensing attorneys

Jeff Gorman; Ken Horner; Matthew F. Maccoby

3:30  ETHICAL ISSUES IN LEGAL PROCESS OUTSOURCING

• Duty of care in selection and supervision
• Avoiding the unauthorized practice of law
• Duty to maintain confidentiality
• Avoiding conflicts of interest
• Duty to inform the client that the delegating lawyer is outsourcing the work
• Appropriate billing for outsourced legal work

Mark Ross

4:30  Adjourn

Faculty

Co-Chair(s)

Speaker(s)

Program Attorney(s)

CLE Credit

Travel Information

Los Angeles Seminar Location

Los Angeles Seminar Location: Morrison & Foerester LLP, 555 West Fifth Street, Suite 3500, Los Angeles, California 90013-1024. Phone: (213) 892-5200.