Sourcing

We understand that sourcing transactions must result in long-term, commercial arrangements that start working when the deal “closes.” When negotiating these transactions, we recognize each party’s desire to maximize value and minimize risk and still create an advantageous commercial relationship that allows the services to grow with the customer’s business needs. As the sophistication and complexity of both the solution offering and the customers’ needs have grown, the lawyers are required to understand and assist clients with navigating multi-jurisdictional regulatory issues, the nexus between technology capabilities and legal and commercial terms and market-relevant provisions. In addition, sourcing lawyers must be able to define and tailor pricing and performance methodologies for the specific transaction rather than forcing the business deal to fit within “standard” methodologies. Our sourcing experience of representing both providers and customers spans multiple industries and jurisdictions. Further, we have one of the largest IP practices of any full-service firm and can leverage this capability in order to better understand technology solutions in the context of sourcing transactions. We leverage our experience, industry and subject matter knowledge and use a win-win negotiation style to add value to sourcing transactions.

  • Several of our sourcing professionals have worked for leading technology and services providers as business persons, in-house counsel and/or seconded counsel
  • Several of our lawyers are acknowledged as leading practitioners by Chambers & Partners and The Legal 500
  • We have sourcing lawyers on the ground in the U.S. and in Europe

Deeper Understanding:
We have demonstrated leadership in sourcing transactions over more than two decades. This depth of experience reinforces to us that no two transactions are alike. We understand that each client and industry operate in different regulatory environments and have different tolerances for risk. We understand that there is no form that is ideal for all transactions.

Unlike many of our competitors, our sourcing experience includes advising both purchasers and sellers of services and technology, including:

  • Application development, testing and integration services
  • Business process services (HR and benefits administration, finance, procurement, supply chain)
  • Cloud computing (public and private)
  • Cyber-security solutions and services
  • Digital marketing and analytics
  • Information technology systems and services
  • Logistics
  • Medical devices and healthcare information management systems and services
  • Network and co-location solutions and services
  • Property management solutions and services
  • Procurement
  • Software and systems integration services
  • Telecommunications, telemarketing, and new media solutions and services
  • Transition services

We have experience leading or advising in nearly every industry, including many transactions in each of the following industries:

Better Solutions:
We understand that our clients may require different types or levels of assistance at different times. We have the flexibility to team with our clients to provide only the advice or services that are required. In some cases we lead competitive global sourcing initiatives and in other cases we provide discrete advice regarding sourcing related issues, such as, for example, privacy or corporate controls or advice regarding specific-market relevant terms.

Ability to Handle Complexity:
Our sourcing professionals also advise on mergers and acquisitions (including mergers and acquisitions that are part of or in connection with sourcing transactions or transition services) and have experience with sourcing transactions that include structured finance, joint venture, strategic alliance and other “go to market” components. Our sourcing professionals are accustomed to coordinating teams of subject matter experts across the globe to execute our clients’ business strategies.

Sourcing Disputes and Restructuring:
Most of our sourcing professionals have experience restructuring sourcing arrangements and/or resolving sourcing-related disputes. In addition, many of our litigators have experience litigating sourcing-related disputes on behalf of purchasers, sellers and joint-venture partners, including significant experience with professional malpractice, security breaches and international arbitration.

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