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Outsourcing Law Group Exit Services in Outsourcing 19 May 2014

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Page 1: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

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Outsourcing Law Group Exit Services in Outsourcing

19 May 2014

Page 2: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

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Introduction, Welcome and Introduction to the Outsourcing Law Group Alistair Maughan: Partner, Morrison & Foerster; Chair of Outsourcing Law Group

Outsourcing Law Group Exit Services White Paper Alistair Maughan: Partner, Morrison & Foerster

Exit Services: Practical Problems in Making Exit Services Work Peter Scott: Partner, Head of Commercial & Industrial, Alsbridge

The Provider’s View Leigh Arnold: Senior Global Sourcing Manager – Transition, Infosys

Exit Services: Recommended Improvements Ole Horsfeldt: Partner, Gorrissen Federspiel Alistair Maughan: Partner, Morrison & Foerster

Panel Discussion A moderated panel discussion and Q&A session

6.30pm Close. Networking reception to follow

Agenda - Exit Services in Outsourcing

Page 3: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

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Outsourcing Law Group

Introduction to OLG

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The Outsourcing Law Group (OLG) is a group of like-minded law firms, each with a substantial outsourcing practice and a recognised market leader in the sector

On outsourcing projects, the OLG works as a single law firm, taking a unified approach under the leadership of one firm, and providing one set of rates, one bill and one currency

Initially, joint templates, tools and working processes were developed On-going joint training of partners and key associates Regular programme of joint client seminars, webinars and in-house training Major OLG transactions:

Telenor global procurement: Development of complete transaction documentation for purchase of managed network services based on OLG templates and methodologies

Major international bank in its worldwide outsourcing activities Ahold: drafting and negotiating the relevant agreements for HR outsourcing as well

as advice on transfer of employee issues. ISS: Support for pan-European bid for integrated facility management services with

Orange

What is the Outsourcing Law Group?

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What is the Outsourcing Law Group?

• A ‘Best of breed’ group of leading independent firms in Europe, delivering consistent high quality specialist advice on technology and outsourcing projects globally

• Key individuals and firms connected for many years who play a leadership role with the International Technology Law Association (iTechLaw)

Specialists

• OLG members have the ability to operate as one firm, leveraging the joint resources and expertise of all firms

• This leverage enables us to deploy unique tools and methodologies and to work in an integrated way on all projects

United and Unique

• Advising on transformational IT and outsourcing projects for international businesses Global Reach

• A single bill • Project and stream leads of the client’s choice • Bespoke, transparent pricing structures

Seamless Service

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Worldwide coverage Local knowledge

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Global partner commitment: Multinational clients can liaise with a 4 person global lead partner panel (continental Europe/UK/U.S./Asia) who will manage relationship issues, lead any required support for client, and drive continuous practice improvements

Overall project leadership: Our team for any particular project will be led by one of the global lead partners or a local partner as per client’s instruction

Day-to-day project support: We will designate a relevant number of internationally experienced senior associates – all being dedicated outsourcing lawyers – who will support client depending on the choice of law and the project requirements

Supporting high quality and cost efficiency: This approach secures business process, operational and legal consistency which, in the end, will underpin client’s global and local contract management abilities in a cost efficient manner

Seamless Offering A dedicated OLG team based on a common global approach with the advantage of locally available resources:

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Fast Track Procurement Process Working with clients and consultants to achieve client enablement and control of the project

Client enablement What we do Client control

1. In-house and OLG team members working as one integrated team

2. Allocation of roles that will support the project most efficiently

3. Full access to all our outsourcing templates and tools

4. Multi-jurisdictional capability throughout Western Europe, CEE, Middle East and Asia Pacific and the United States; ‘Best friends’ in Americas.

Enablement through skills building and continuous

knowledge transfer

Full transparency into the procurement and outsourcing

processes and the use of resources and support tools

1. The procurement and outsourcing strategy and any strategy decision taken are owned by the client but will be facilitated by our best practice guidance

2. The contract crafting is dealt with in light of client’s long-term ability to manage the outsourcing relationship cost efficiently

3. Our tools and approach allow the client to maintain this control during the full life cycle of the outsourcing

Deep sector experience across multiple geographies

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Contract Design Process Controlling costs

• Fast track procurement process • Joint advisor responsibility matrix • Project governance model • Work stream and deliverables planner • Deal documentation and issue trackers

Value leakage • Non-performed business objectives • Over-charging • Payment for non-performed services • Lack of innovation • Uncompetitive prices

Procurement costs • Client internal investment • Consultant and legal fees

New services • The unnecessary costs associated with

services not included in the initial scope and therefore not priced under competition

Contract Management

On-going charges • Unit based and fixed cost elements

Lost savings due to delayed procurement • The savings associated with transition /

transformation

Transition costs • Fixed price or • Time & material based

Risk premiums • Risk premium added to vendor’s fee for

undertaking onerous terms

• Proactive remedies • Compliance compiler • Contract management skill builder • Management process tool • Requirement management tool

• Transparency and pricing principles

• Flexibility modelling • Duration simulator • Transparency and pricing principles

• Transparency and pricing principles

• Risk Premium Evaluator

• Objective tracker • Service level and credit methodology • Proactive remedies • Fast track benchmarking

• Transparency and pricing principles

• In-scope protection methodology • New services definition • Standard change methodology

Exit costs • Assistance to new vendor • HW residuals • Transfer of licenses

OLG Tools and Methodologies Cost Elements Cost of Outsourcing

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Proactive remedies

Trigger Event

• Performance: • Service disruptions • Delays • Non-performance of

service levels • Increased number of

unresolved incidents • Repeated errors with

same root cause • User satisfactory survey

• Financial information or development in the service provider organisation: • Mergers or divestments • Credit rating • Cash flow

Risk Level

• Each trigger event is assigned a risk level for a certain period of time

• Generally 3 levels • Determination of risk level • Fast track resolution

Custom Remedies

• Each risk level has any number of custom remedies available, including e.g.: • Service provider to comply

with third party recommendations

• Service augmentation or special third party remediation rights

• Issues to be addressed by specific resources within the service provider’s organisation

• Escalation to top executives and client meetings

• Suspension of revenue commitments

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Why? Key Concerns

Exit Services White Paper

Customer

• Continuity of services at same contracted level, i.e. preventing knowledge leakage

• All relevant information and knowledge about the services to be share with replacement provider

• Fall-back possibility if replacement provider fails

• Cost & overpayment

Service Provider

• Utilising resources on other existing customers ASAP

• Keep IPR and commercial secrets from competitors

• Planning re-allocation of resources

• Payment for delivery

• Cost & underpayment - “something for nothing”

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The service provider to provide a Exit Plan within 120 days after signing

The Exit Plan was often not provided and, even if it was, never updated

Replacement providers in many cases would have fundamentally different needs that those catered for by the Exit Plan.

Three different pricing models have generally been in use: (i) No transparency, and prices embedded in the annual service charge (ii) Pre-agreed fixed price and (iii) T&M

Generally, exit transitions have been difficult and have led to significant disputes

Exit Services in the Past

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Outline exit plan never finalised

No match between the exit plan and the new

service provider’s transition plan

Customer tries to get free services in the service

provider’s view

The service provider is overpricing the exit

services in the customer’s view

Service provider refuses to release key data and

provide relevant access to infrastructure referring to

IPR or confidentiality Insufficient

documentation available to the new service

provider Cherry-picking key

employees

The Sources of Conflict

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Guidance and Best Practice

Thinking about Exit

• General co-operation requirements • Information provision requirements • Cost data

• employee data – beware data privacy objections • contracts data • assets, premises, equipment, IPR catalogue

• Degree of segregation required

Planning for Exit

• Exit Plan becomes active operational document linked to Services Transfer Plan. 3-way governance.

• Establish exit management roles and key personnel • Continue information provision requirements – next level of detail • Successor supplier shadowing • Segregate and then plan hand-over of all assets and resources • Restrictions on non-ordinary course of business changes • Employee transfer – Acquired Rights Directive compliance

After Exit

• Completion of in-flight projects • Completion of employee transfer process – calculation of pensions transfers;

set up of payroll mirror system • Availability of key supplier personnel post-handover • Indemnities on transfer

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Peter Scott - Partner

Peter is a Chartered Accountant who spent 16 years with KPMG, including 6 as a Partner leading the World Class Finance team in the UK

He has been with Alsbridge for 10 years and has worked with a wide range of blue chip clients in the UK, Continental Europe and beyond

Peter’s main activity is to guide clients through the entire strategy, selection and contracting lifecycle where he has probably worked on more Finance & Accounting deals than most advisors. In addition, more recently he has worked on several contract renewals/renegotiations which have resulted in significant benefits for the clients concerned.

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Key facts about Alsbridge

Alsbridge is an award-winning, specialist management consultancy advising clients on their strategy, implementation and governance of shared service, outsourcing and the offshoring of complex processes.

Key facts:

Founded 2002

Headquarters in London & Dallas

Approximately 200 advisors – all experienced experts, no “junior pyramid”

Management team are all senior industry leaders

Clients: blue chip and mid-cap corporations and government departments

2013 – Ranked Top 5 Best Outsourcing Advisor

2011 – Ranked Global No 1 Outsourcing Advisor

2012 – Ranked Best Specialist Outsourcing Advisor

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Infrastructure

Services

Cost, price, performance, terms & conditions benchmarks 800 tower contracts benchmarked per year Business and IT managed services as well as hardware,

software and telecoms Available as standalone or as part of consulting Fixed price / T&M / gain-share Average 3 week deliverable using We benchmark contracts worth over $10 billion each year

Application

Services

Network

Services

BPO & Shared

Services

Backed with state of the art ITO & BPO Benchmarking ...

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Exit Services – As Important as Entry?

Affairs are easier of entrance than of exit; and it is but common prudence to see our way out before we venture in (Aesop)

Page 20: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

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Exit Services – As Important as Entry?

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Exit Services – General Observations

Exit provisions are usually something that clients are not particularly interested in…until it happens!

Generally speaking (with some high profile exceptions), supplier to supplier transition can work tolerably well - incumbents have little to gain by being difficult – but that’s not a reason to be complacent

The key point is to make it possible to move out of the incumbent and avoid lock in:

People – Allow access to gather knowledge

Process - Cutover processes effectively

Technology – Smooth cutover of enabling technology

Page 22: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

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Exit Services – Key Lessons From Our Experience

Issue Implication for the contract

Ensure that a proper Exit Plan is developed and maintained

All contracts require a Plan after 6 months but this needs to be completed – not a plan to make a plan. Incumbent roles and responsibilities must be clear – best not to wait until it’s needed

Programme management of the transition from the incumbent cannot be left to the new supplier – the client must take responsibility

Provide for client/third party involvement in managing transition out. If a third party is involved, consider provide for co–funding – it is in everyone’s interests

Technology changes can be more complex and take longer than expected - IT providers don’t get involved soon enough

Moving suppliers for most deals involves technology – mutual obligations must be clear in the contract and the Exit Plan

Page 23: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

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Exit Services – Key Lessons From Our Experience

Issue Implication for the contract

The incumbent needs to maintain the service and clear backlogs

Make sure the incumbent is obliged to hand over a clean service and backlogs are cleared at their cost

Reasonable access for the new supplier to incumbent premises

No/acceptable restrictions on staff on the floor (watch out for health & safety!)

Access to incumbent supplier training materials

Try to agree this access - it will save a lot of time and trouble for all sides

Reasonable working conditions for the new supplier

Provide for adequate working space, access to the facilities and cafeteria…

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Exit Services – The Importance of a Clear Communication Plan

A key point, often overlooked by clients, is to make sure the change in suppliers is properly communicated within the client organisation

This isn’t “just another change in supplier”

The original deal was probably well communicated – strategic vision, access to best practice, scaleability, world class capability…but now we’re changing! Why?

As with any important business change it is very important that the reasons for the change are carefully articulated, clearly communicated and that client management sticks to the story, otherwise at best there will be confusion and at worst the new supplier is undermined before they get started

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Questions…?

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Exit Services : Making the unworkable work

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Leigh has had experience of IT over a period of 25 years with the first ten being within the client environment which has given him an invaluable insight into the way a client approaches his business and outsourcing. His transition experience gained whilst working for both IBM and Atos Origin prior to Infosys has in many cases been in managing transformations whilst transitioning and often in a multi vendor environment. As part of the Strategic Global Sourcing Team at Infosys Leigh is responsible for ensuring a smooth transition to Infosys for new clients and this includes operating with vendor incumbents as well as situations where the client is the main incumbent. His previous experience of complexities and wide scope which include infrastructure as well as application transformations and transitions are invaluable in his role as a senior transition manager in Infosys.

Leigh Arnold

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Exit Services : Making the unworkable work

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“Approaches to effecting transition and reducing the friction between incumbent and replacement service providers, and doing exit management in a way that resolves issues all round”

Page 30: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

• Some scenarios we can anticipate

• Some positions we will come across

• Some ways of making progress

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Exit Services : Making the unworkable work

Page 31: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

“Its complicated” !

There is no silver bullet

One size will not fit all

You cant legislate for everything

Exit Services : Making the unworkable work

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Page 32: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

What is the status of the relationship?

Are we happy to be loosing your business?

Do we feel you owe us something?

Dispute or a natural ending?

Size matters

Large vs small companies

Future opportunities – current partnerships

Relative position of the parties is relevant

Is the client important to the vendor

Is the new vendor seen as a competitor

Exit Services : Making the unworkable work

Scenarios - Its complicated !

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Page 33: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

Money talks

If I can make money then maybe ……

If I can stop loosing money then maybe …..

Company culture can be important

Some companies are predictably difficult whilst others are predictably compliant

Some company pairings are more likely to be problematic

The people get in the way – or make it work !

Am I likely to loose my job or could I end up with a better job?

Who holds what levers?

Who benefits from the contractual terms?

Who owes what to who?

Exit Services : Making the unworkable work

More scenarios - Its complicated !

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Page 34: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

Negative

Vendor - we are where we are – the business has been lost but …

I have nothing left to loose why should I care ?

Its my IP and I am not giving it to you (the client) and certainly not my competitor

I have no wish to help a competitor

You have caused me pain – I will reciprocate

Exit Services : Making the unworkable work

Positions taken

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Page 35: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

Positive

Vendor - we are where we are – the business has been lost but …

I still have opportunities with this client – tread carefully

I still have contracts in place I wish to protect – be professional

I've been paid for my work – its time to move on

My reputation is still intact and should be protected

The vendor doesn’t represent a threat to me

The contract obliges me to comply

I can make money from the exit

Exit Services : Making the unworkable work

Positions taken

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Page 36: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

The IP – myth …….. or is it reality? Be clear and directive

Full agreement – no progress! We are working hard to accede to your every request – and still working hard 6 months later!

If we had that we would hand it over – if you want we can create it – at a price Decide on the best way forward

Sorry – we are too busy providing the current service to you Incoming vendor must plan with the outgoing vendor

All our people are leaving Make them work their notice – or have they just been redeployed?

We wont allow access to the new vendor Can this be contracted for ?? Work in a temporary location

You need to pay me !

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Exit Services : Making the unworkable work

Tactics to be aware of

Page 37: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

Engage Governance No surprises Make them part of the change

Find common ground

Is there anything you both want

Start at the top

Senior managers will understand the bigger picture

Know where you stand

Are you in a strong or weak place ?

Pick your battles

Win the important ones

Exit Services : Making the unworkable work

Tactics to consider

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Page 38: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

“Its complicated” ! There is no silver bullet

One size will not fit all

You cant legislate for everything

But ..

If you can legislate for cooperation, openness, participation and meeting your obligations for knowledge and documentation then life will be a little easier

Exit Services : Making the unworkable work

Conclusion

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Page 39: Outsourcing Law Group Exit Services in Outsourcing · •A ‘Best of breed ’ group of leading independent firms in Europe, delivering consistent high quality specialist advice

THANK YOU ANY QUESTIONS?

www.infosys.com The contents of this document are proprietary and confidential to Infosys Limited and may not be disclosed in

whole or in part at any time, to any third party without the prior written consent of Infosys Limited.

© 2011 Infosys Limited. All rights reserved. Copyright in the whole and any part of this document belongs to Infosys Limited. This work may not be used, sold, transferred, adapted, abridged, copied or reproduced in

whole or in part, in any manner or form, or in any media, without the prior written consent of Infosys Limited.

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Recommended Improvements

Exit Services

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Many deals are won by new providers, and the causes of incumbent displacement are often unrelated to provider dissatisfaction

Increasingly common for exit/transition to occur on one-to-many basis – where client implements multisourcing

Often, transition is offered on a no cost basis or transition is priced significantly below competition

Taking the easiest possible approach to transition and price assuming that the incumbent provider fully cooperates and provides all necessary documentation and access.

This approach is rarely mirrored by termination services agreed between customer and the incumbent provider

The Current Market

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Improving the payment model

Full alignment between exit plan and transition plan

Certification of exit readiness

Risk Management

Adjustment of pricing and relief of service provider step-by-step

An Ombudsman as part of governance

A New Approach

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The cost structure related to exit services is based on the following principles:

Some explicitly set out services and deliverables are not separately

payable but are included in the base charges

All other services and deliverables are separately

payable

All separately payable

deliverables are subject to

quotation and approval

Improved Payment Model

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Explicit services included in base charges

• Delivery of due diligence material on a yearly basis • Continued performance of the services • Drafting, delivering and continually updating the exit plan

and a fall back plan • Compilation and delivery of actual deliverables such as

documentation, software, customer IPR, release notes, test plans, operations manual etc.

Improved Payment Model

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Alignment between Exit and Transition Plans

Exit Plan Transition Plan +

The first contract Holistic overview that reflects both perspectives and the obligations on a replacement provider.

Services to be provided by first vendor

First contract

Transition Plan

Exit Plan

+ Transition Plan +

Services to be provided by

second vendor

The second contract Transition-in by alignment of exit plan from first vendor and transition plan from second vendor Transition-out on new Exit Plan and new Transition Plan aligned.

Second contract

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Alignment between Exit and Transition Plans

Customer and replacement

service provider will designate how

the Services will transfer to the replacement

service provider

The incumbent service provider will update and

align the exit plan to support

integrate with, and enables transition in accordance with the transition plan agreed between

the customer and any replacement service provider

Such alignment will include

relevant milestones for the

completion of obligations and performance of deliverables to

support the milestones set out

in the transition plan

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On a yearly basis, the provider will certify to the Customer in writing that:

• The current version of the exit plan fully reflects any changes to the Services

• An exit from the service provider and transfer of the ability to perform services to the Customer and/or competent replacement provider can be efficiently conducted via the exit plan, subject to the exit plan being updated where required with information to be obtained from the Customer and/or Replacement provider

Exit Readiness Certification

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The service provider will provide and maintain a risk

register

Non-trivial risk that may adversely affect the ability of the service

provider and customer to jointly execute the

exit plan Risk may be operational, technical, commercial or

legal

Service provider mitigation

initiative, including a time schedule

and, if relevant, a price proposal

Joint review risk register and mitigation proposals, and determine

initiatives to be taken in relevant governance forum

Risk Management

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Step-by-step

Adjustment of Pricing and Service Relief

• Transition of element of services done and stabilisation or fall-back period required passed with no problems

Relief of fall-back on these services

• Price adjustment on remaining on-going services

Transition of new element of services

parts • Relief of fall-back

on these services

Price adjustment on remaining on-going

services

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An Ombudsman as part of governance

Appointed in the service provider’s organisation when exit is a reality

Senior manager with no involvement in the day-to-day services or exit services

Either party may escalate disputes in relation to exit services

The Ombudsman will hear the parties and propose a compromise to support an efficient exit

The parties shall discuss and attempt to settle the dispute based on proposal

However, no obligation to accept a compromise

An ombudsman to handle conflicts and

emotions

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Service continuity for customer, e.g. by

having emergency extension

Detailed listing of the information and access

to e.g. infrastructure the replacement service

provider must have

Utilisation of the service provider’s resources without

jeopardising knowledge transfer

Return of customer’s property, data and

deletion of this by the service provider

Focus also on the following areas of exit

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Recognized expertise in particular on collective employment issues and company restructuring

Enabling clients to implement successful strategic projects

Advice in all the main areas of business law affecting outsourcing projects

Providing assistance with high added value, focused on the needs of our clients

• For over 40 years, Courtois Lebel offers its national and international clients a wide range of legal services in the key areas of business law.

• Courtois Lebel has expanded its areas of expertise in order to offer its clients comprehensive pragmatic solutions, both in legal advice and litigation.

• Courtois Lebel has strong links and shared background with major European consultancies.

• Courtois Lebel has an significant experience of the execution of major outsourcing projects for clients, in France and internationally,

Courtois Lebel - France

Key contact:

Herve Gabadou

T: (+33) 1 58 44 92 74

E: [email protected]

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Courtois Lebel is in the top 5 of the independent firms in the Technology field (Legal 500).

We act for both technology businesses such as Logica (CGI), Sopra Consulting and SAS Institute (the Business Intelligence leading company) and leading French companies such as Aviva, BNPP, Lafarge, Natixis, etc.

Courtois Lebel has more than twenty years of experience in this area. The firm has one of France’s largest technology and outsourcing teams with 10 lawyers, including 3 partners

The DNA of the IT & telecommunications department is in its capacity to understand and give a legal classification of a technical and operational situation that is often complex.

The team has developed dedicated tools and methodologies for use by and on behalf of its clients

Courtois Lebel A leading French technology and outsourcing adviser

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One firm, multiple perspectives

Consistent dedication to quality and understanding of our clients' needs

An integrated firm with more than 220 lawyers

Covering all branches of Danish and EU commercial law

• The market leading IT and outsourcing firm in Denmark

• Broad experience of IT and business process outsourcing in Denmark and abroad

• Has advised on many of Denmark and the other Nordic region’s largest and most complex transactions

• Projects include advising Carlsberg on the re-negotiation of a global outsourcing agreement with IBM

Gorrisen Federspiel - Denmark

Key contact:

Ole Horsfeldt

T: +45 33 41 43 65

E: [email protected]

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Gorrissen Federspiel is based in Copenhagen, has 225 lawyers, 41 partners and is one of the leading corporate law firms in the Nordic region

Gorrissen Federspiel has the only fully dedicated outsourcing team in the Nordic region and is generally recognised as the leading outsourcing practice. The team consists of 1 partner, 3 project lead attorneys, 1 attorney, and 2 junior associates. Most of the lawyers in the outsourcing team are ITIL v3 foundation certified

The practice is based on large-scale international projects and deals primarily with cross-border transactions, often with no domestic or Nordic team lead

Ole Horsfeldt, is the author of IT Outsourcing, published by Thomson, the only legal and practical book on outsourcing published in the Nordics, and has for several years been chairman of ITechLaw’s outsourcing committee. Ole Horsfeldt is part of IAOP’s Nordic leadership

Gorrissen Federspiel The leading practice in the Nordics

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One of the top 20 independent law firms in the Netherlands

More than half of the firm’s work is for international clients

Top tier in many practice areas with a strong focus on technology and employment law

Innovative, open, friendly, informal and totally engaged with clients

• The leading IT firm in the Netherlands

• Innovative out-of-the-box thinking and entrepreneurial savvy

• Broad experience in IT and business process outsourcing

• Our outsourcing team supports in all aspects of outsourcing: drafting, negotiating of the agreement(s), HR issues and transactional aspects.

Kennedy Van der Laan – The Netherlands

Key contact:

Patrick Wit

T: (+31) 20 5506 642

E: [email protected]

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Kennedy Van der Laan is a Dutch law firm with an international focus. The firm is based in Amsterdam, has 95 lawyers and civil notaries and 25 partners. Chambers Europe describes the firm as “Kennedy Van der Laan is one of the Netherlands top independent law firms, based in Amsterdam. The firm has excellent legal knowledge in all avenues of work, offers prompt and practical advice, deals with legal issues and creates the right solutions in an unconventional and socially responsible way.”

Kennedy Van der Laan is leading in technology and outsourcing in The Netherlands with more than twenty years of experience in this area. The firm has the largest technology and outsourcing team with 20 lawyers, including 6 partners.

The practice covers both IT outsourcing and BP outsourcing (incl. HR service, financial services and facilities). The majority of the clients are AEX listed multinationals in areas like banking, insurance, retail and industry. The firm also supports some selected providers of outsourcing services.

The lead partners of the outsourcing practice, Patrick Wit, Reinoud Westerdijk and Joost Linnemann, are all recognized as among the best technology and outsourcing lawyers in the country. Reinoud Westerdijk is a member of the board of ITechLaw. Patrick Wit is the legal member of the program committee of the Dutch Outsourcing Platform.

Kennedy Van der Laan The leading technology and outsourcing practice in The Netherlands

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One of the largest law firms in the world, with a unique technology focus

Full, first-tier service on sourcing projects in the United States, Europe and Asia

Using a collaborative style to create enduring outsourcing relationships

Client-focused ethos and global geographic reach

• With over 1,000 lawyers in 17 global offices, MoFo is one of the top 25 global law firms

• MoFo has a clear focus on technology law, the technology sector and complex services-based projects

• 60 specialist technology and outsourcing lawyers offer flexible, scalable resource on all types of technology and outsourcing projects

• Projects include outsourcings for large government agencies (H.M. Revenue & Customs (U.K.), State of Georgia), banks (Lloyds Banking Group, Bank of America), manufacturers (Novartis), technology businesses (Intel, Amadeus, AOL)

Morrison & Foerster - London

Key contact:

Alistair Maughan

T: (+44) 20 7920 4066

E: [email protected]

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MoFo is one of the leading international law firms, with more than 1,000 lawyers in 16 offices in Europe, Asia and the United States. Our clients include some of the largest financial institutions, corporations and government agencies

We have had an office in London since 1980. Today, our London office includes 16 partners and 55 lawyers – and focuses on technology & outsourcing, corporate, litigation and finance projects

Technology and outsourcing are key MoFo strengths. We act for technology businesses such as Apple and Intel in their global operations, and for large organizations such as Lloyds Bank, Novartis and the UK government in their technology and outsourcing projects

Chambers has called MoFo “the premier IT firm in the World” For more information, see http://www.mofo.com/outsourcing-services/ or our tech

blog http://www.mofotechblog.com/

Morrison & Foerster A leading international technology and outsourcing adviser

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• Pre-eminent know-how and reputation in media and IT and associated legal areas

• Well-suited to handling highly sophisticated international transactions

• Ranked in the first tier by Legal 500 for IT outsourcing; long track record of outsourcing projects in a wide range of sectors

Among Germany’s leading independent law firms with 450 lawyers

Experience of more than 100 often highly complex outsourcing projects

Excellent presence in CEE: offices in Warsaw, Prague, Moscow, Bucharest, Budapest and Bratislava

Most innovative German law firm - Financial Times Innovative Lawyers

Noerr – Germany and CEE

Key contacts:

Prof. Dr. Peter Bräutigam

T: +49 89 28628145

E: [email protected]

Prof. Dr. Joachim Schrey

T: +49 69 971477241

E: [email protected]

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Noerr has grown to become Germany’s leading independent law firm with 15 offices across Germany and the CEE/CIS region, with additional locations in Alicante, London and New York City. Starting out in Munich in 1950, Noerr today is a full-service law firm with its own distinctive style and culture, and widely recognized for providing interdisciplinary advice and quality services responsive to the needs of its national and international clients.

Noerr’s preeminent IT group has in-depth knowledge and expertise in handling licensing, procurement, outsourcing, sales, auctions, and technology transfer transactions that involve computers, software, networks, telecommunications equipment, and other intellectual property. Noerr’s IT partners are acknowledged throughout Europe as leading minds in outsourcing, IT outsourcing and other IT projects. The firm also provides a dedicated Outsourcing & IT Outsourcing Group, combing the firm’s hybrid expertise in business, communications, technology law, and IP, which allows them to provide exceptional business-focused legal advice in relation to demanding transactions.

Recognized as “an authority in IT” by Chambers Europe 2012, Noerr has a reputation as “one of the few [German firms] to focus clearly on this field” (German JUVE guide 2011)

For more information, see www.noerr.com or our Outsourcing & IT Outsourcing Group http://www.noerr.com/en/Desktopdefault.aspx/tabid-332

Noerr An elite IT team

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Focused on technology outsourcing as a core market

Significant international capacity: with 60% of clients from outside Italy

Accessible, available, responsive and reliable: offices in Rome and Milan

Rated top tier on major directories in Intellectual Property, Information Technology, Telecommunications and Media

• Italian leader in Telecoms, Media and Sourcing

• Focused Technology sector group with significant experience of outsourcing and access to a wider full-service practice familiar with issues affecting the Technology sector

• A young and dynamic team

Orsingher Ortu - Avvocati Associati - Italy

Key contact:

Domenico Colella

T: (+39) 02 89 075050

E: [email protected]

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Orsingher Ortu – Avvocati Associati is a TMT specialized Italian law firm that counts 25 lawyers and fee-earners. Our partners are consistently rated top tier on major directories in Information Technology and Outsourcing, Media and Intellectual Property and have spent a significant number of years as head of practice at international firms such as Freshfields or Dewey LeBoeuf

Our outsourcing team has more than 15 years of experience in advising multinational corporations on complex transactions including ITO/Infrastructure, BPO, HR deals

This team is skilled to assist your company for any aspects of an outsourcing transaction including corporate, employment and regulatory matters

Technical excellence, business-orientation, responsiveness and reliability are key values underlying the relationship with our clients

The Firm “advises clients from a plethora of industries, but particularly those in the media sector. Domenico Colella [handles] complex technology deals” // Chambers, 2012

Orsingher Ortu – Avvocati Associati Italian top player in the TMT sector

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THANK YOU

Outsourcing Law Group

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