Outsourcing - transferring or delegating the management of a business process to an external service provider - is one of the success stories of the last decade.
In essence, outsourcing enables management to transfer non-core functions to specialised service providers, thereby allowing management to focus its energies and save costs, whilst at the same time introducing a faster, more efficient service.
Outsourcing is not appropriate for every business function however, and organisations that get it wrong can face a range of commercial and legal risks.
RadcliffesLeBrasseur acts for both users and service providers and can offer the right combination of legal skills and commercial acumen.
We advise on:
- the most advantageous transfer of assets.
- ensuring the quality of continuing service level agreements.
- the relationship of the outsourcing transaction to other infrastructure strategies, including mergers and acquisitions, reorganisations and joint ventures.
- managing the transfer of employment to reduce the risk of employee claims.
- property-related issues.
- integrating outsourcing with other business processes.
- tax planning, particularly in cross-border outsourcing transactions.
- intellectual property issues, including technology transfers, interests in research and development and the protection of branding and trade marks.
- regulatory issues, including competition/antitrust and data protection.
- finance arrangements, including equipment sale and leaseback.
- the resolution of disputes between users and service providers.
Some examples of recent work are:
- negotiating a £35m IT outsourcing contract.
- advising on a major tender for the outsourcing of road maintenance services.
- acting for an IT computer services company in relation to the outsourcing of a transport related information facility.
- advising the supplier on the outsourcing of part of the IT activity of a major industrial materials producer.
- acting for the supplier in relation to the outsourcing of the legacy systems of a national energy supplier.
- acting for the supplier in relation to the outsourcing of the IT activities of a local authority.
- acting for the supplier in relation to the outsourcing of the IT function of a publicly-listed media, hotel and catering group.