Attorney Referral List

Outsourcing

Thelen LLP has a team of attorneys with substantial experience in outsourcing, many of whom are internationally recognized for their knowledge in this area of the law.

Outsourcing is the transfer of control of a business function usually not considered a core competency to another party. It often involves complex transfers of people and physical assets and the provision of long-term services. Swift and effective outsourcing of business functions is critical to success in the rapidly changing environment associated with e-commerce and technology shifts. Sound practice requires creative lawyers with in-depth legal and technical knowledge of outsourcing practices and industry norms and sensitivity to the needs of all parties to the transaction.

Our attorneys have negotiated and completed outsourcing deals worth tens of billions of dollars. They advise both vendors and users on how to structure outsourcing alliances, identify strategic objectives, and evaluate the benefits of specific transactions. They draft and negotiate all the necessary agreements and subsidiary schedules and are known as dealmakers from both sides of the transaction.

Thelen's outsourcing transactions have included:

  • Information technology operations, including the data center, desktop and networks, telecommunications, and applications development

  • Business process outsourcing, such as tax compliance, purchasing, and human resources

  • Facilities and real property operations

  • Manufacturing, packaging, and logistics

  • E-commerce enterprise outsourcing to create short and long-term solutions for specific opportunities

In representing outsourcing customers, Thelen's attorneys use a flexible approach depending on the depth of experience of the client and its use of knowledgeable consultants. If a client has a sourcing strategy that routinely includes outsourcing, our lawyers provide legal counsel on structuring and managing those long-term alliances. If outsourcing is new to the client or its personnel, our attorneys often lead the negotiations and deliver important added value in helping the parties reach a business accord.

Thelen has represented hundreds of outsourcing customers in deals against experienced providers, such as IBM and EDS, as well as providers new to the business. It also represents mergers and acquisitions clients divesting assets but continuing to require support from the divested business unit or facilities.

Our attorneys have assisted clients in a variety of industries-from computer services and semiconductors to financial services and e-commerce-in a range of matters, including enterprise software system procurement, outsourcing of customer care and order management business processes, distribution practices, and customer relations. We have also been asked to help our clients renegotiate and restructure existing agreements.

Thelen is recognized in Chambers 2008 for its Technology and Sourcing practice, with chair Julian Millstein receiving particular recognition as "experienced, knowledgeable and confident in outsourcing transactions."