Archives: Strategic Sourcing

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Where Next for Outsourcing?

As we look around in the mid part of 2018, the outsourcing industry is in something of a state of flux. There are certainly plenty of challenges. In the UK at least (and particularly vis-à-vis the public sector), a harsh spotlight is being shone on outsourcing. Similarly, the wider global movement towards protectionism and national … Continue Reading

SINGAPORE: Monetary Authority of Singapore outsourcing guidelines 2016

Written by Scott Thiel The Monetary Authority of Singapore (MAS) has published its new and replacement Guidelines on Outsourcing on 27 July 2016. The Guidelines are intended to provide comprehensive guidance over the risk management practices that should be adopted by financial institutions in handling outsourcing arrangements. Businesses operating in Singapore that have entered into … Continue Reading

The One-Size-Fits-All Non-Disclosure Agreement is (often) an ill fit

Written by Isabel DeObaldia Let’s start with the fact that there is no such thing as a one-size-fits-all Non-Disclosure Agreement (“OSFA NDA”). The same way that a one-size-fits-all dress looks dreadful on most women (with the exception of Gisele Bündchen, but we all know that she’s not mere mortal), an OSFA NDA may end up … Continue Reading

How Can A Month Have A Million Minutes? Measuring “Availability” for Your Data Center or Cloud Solution SLAs

Written by Joanna Sykes-Saavedra and Greg Manter In complex sourcing transactions, all sides are quick on the draw with calculators at the ready when it comes to determining formulas for charges or caps on limitations for liability. However, another point of negotiation that similarly requires a sharp pencil is the calculation of “availability” for service … Continue Reading

Most Favoured Customer Provisions

Written by Kit Burden Obviously, every customer (in whatever walk of life!) wants to feel “special”. This doesn’t change just because one is looking at the IT and outsourcing services market. What “special” means, though, is up for debate. It could mean a particularly keen price point. Or fantastic service levels. Or a great customer … Continue Reading

Cloudy Days….Where Next for Outsourcing?

Written by Kit Burden In recent times, we have seen an increasing number of deals where the required services have been delivered from the cloud, i.e., from remotely hosted solutions, usually (albeit not always) offered on a “one to many” basis and on a subscription/usage based model. This is obviously a trend that has been … Continue Reading

FCA guidance for firms thinking of using third-party technology (off-the-shelf) banking solutions

Written by Nichola Prescott, Associate, London The Financial Conduct Authority has published a document setting out a list of points for financial services firms to consider when preparing for and evaluating third-party technology banking solutions. Where a third-party provides services which are critical to a regulated firm’s business operation, it will be considered an outsource … Continue Reading

DLA Piper Sourcing Reference Guide

NEW RELEASE: CHAPTERS 11 AND 12 COMPLIANCE AND DATA PROTECTION DLA Piper’s award-winning global Technology and Sourcing team is pleased to release the 11th and 12th chapters of the Sourcing Reference Guide, our handbook to conducting successful sourcing transactions. Chapter 11 looks at Compliance and Chapter 12 looks at Data Protection. The complimentary Sourcing Reference … Continue Reading

How to be Agile Lawyers

Callum Sinclair is a Partner in the Intellectual Property and Technology team in DLA Piper’s Scottish practice, and has worked in the field of ICT law for over eleven years. His experience ranges from major ICT outsource programmes and business-critical systems procurements worth over £1 billion, to smaller innovative software development projects using agile development … Continue Reading

Contracts Deconstructed: What “Shall” We Do?

Recently, I have heard many attorneys and experts in legal writing touting the importance of eliminating the use of the term “shall” in contracts.  Generally speaking, this may seem like the right approach given that “shall” may be interpreted to mean something that could be done or “shall” may be interpreted to mean something that has to be done.  But, no matter … Continue Reading

Negotiation Tactics Matter: Dealing with Deal Fatigue

Deal fatigue is a real issue — and something you will immediately understand if your job includes negotiations on a single contract that last months or even years.   When I say deal fatigue, I mean the situation where people get so tired of a project that they start compromising on issues just to reach the conclusion or … Continue Reading

Contracts Deconstructed: Gross Negligence and Willful Misconduct

Negotiations related to gross negligence and willful misconduct seem to be trending this past fall.  So, I thought I’d take this opportunity to revisit what these phrases actually mean in the context of commercial contracting.   In many agreements, gross negligence and willful misconduct are “carve-outs” in the limitation on liability provision.  What do I mean by a “carve-out” on … Continue Reading

Force Majeure: The Weather Doesn’t Care about Your IT Strategy

Our thoughts and prayers go out to those impacted by Hurricane Sandy and the Nor’easter.  While Mother Nature has been relentless against the east coast of the United States over the past several weeks, us IT attorneys cannot help but think about the significance of those force majeure clauses and disaster recovery plans in agreements that are often glossed over during … Continue Reading


If we cast our collective minds back to the days “pre-Crunch”, a marked feature of many sourcing strategies adopted by larger entities was a move to embrace multi sourcing (i.e whereby a service or set of services which could conceivably have been awarded to a single supplier was instead broken up and divided between a … Continue Reading

DLA Piper invites you to attend a webinar June 6, 2012: Contracting for Partnership – What Does It Mean in Practice?

DLA Piper is pleased to announce a series of 45 minute web based seminars presented by a multi jurisdictional team of lawyers providing insights in negotiation and management strategies for complex projects. The webinars are provided free of charge and the training is delivered to your desk without the need for travel. You will access the slides on your … Continue Reading

European Union to look at net neutrality on Mobiles

Neelie Kroes, the Digital Agenda commissioner of the EU made a somewhat unexpected announcement today – she said she will prepare recommendations concerning “net neutrality” in Europe and she suggested she will “try to make it easier for consumers to switch service providers.” Proponents of “Net neutrality” see it as a policy that “forces service providers … Continue Reading

Call Center Bill Grabs Headlines in Outsourcing

As many of you may know, a bill was introduced on December 7, 2011 in the U.S. House of Representatives (H.R. 3596) aimed to limit a company’s ability to offshore its call centers.  The bill defines its purpose: “To require a publicly available a list of all employers that relocate a call center overseas and to make such companies … Continue Reading