Cancelled: IT Outsourcing Contracts - Lessons Learned - Thursday 9 May 2013 - Reading
A meeting of the SCL Thames Valley Group
Due to reasons beyond the control of the SCL Thames Valley Group, this event has been cancelled.
Hosted and sponsored by Manches LLP
Richard McGonigle, General Counsel, Snell Group
Dr Sam De Silva, Partner & Head of IT and Outsourcing, Manches LLP
Eugene Wojciechowski, Partner & Head of Reading Employment Law Practice, Manches LLP
Outsourcing contracts of all shapes and sizes have been drafted and negotiated in ever increasing numbers since the early 1990s and the size of the market has increased (and continues to increase) dramatically. As these contracts come up for renewal it is useful to reflect on what has worked and what has not. This session focuses on some of the issues currently troubling customers, service providers and advisers with their outsourcing contracts and will be relevant to all lawyers who advise in this area. There will be invaluable practical tips and best practice insights from "front line" experts who will discuss key legal and commercial issues in outsourcing contracts and the tricky area of TUPE.
Key Commercial and Legal Issues
Dr Sam De Silva will discuss some of the key legal and commercial issues in IT outsourcing contracts, including considering the appropriateness of post-contract verification, latest developments in limitations and exclusions of liability, getting the benchmarking provisions right, ensuring a balanced approach to step-in rights and ensuring a robust change control approach is adopted. Best practice for contract renewals and exit management will also be discussed
The Mysteries of TUPE
Eugene Wojciechowski will give an update on TUPE looking at what recent case law means in practice, including looking at whether TUPE applies (now and potentially in the future in light of the proposed changes to TUPE), discussion of recent service provision change cases, considering best practice for dismissals before and after the transfer and liability and looking at managing risks with harmonising terms and conditions.
6.00 – 6.30 pm: Registration
6.30 – 6.35 pm: Welcome by Chair - Richard McGonigle
6.35 – 7.10 pm : Key Commercial and Legal Issues – Dr Sam De Silva
7.15 - 7.50 pm: The Mysteries of TUPE - Eugene Wojciechowski
7.50 – 8.00 pm: Q&A
8.00 pm: Refreshments
Richard McGonigle is General Counsel and Company Secretary at Snell, a leading innovator in digital media and television broadcasting technology across the globe, head-quartered in the Thames Valley. He is responsible for the legal and secretariat function within Snell, which includes corporate, commercial, private equity, banking, compliance and property matters across Snell's international offices. His experience includes being on both sides of various outsourcing and TUPE transactions. Prior to Snell, Richard was a corporate finance lawyer at Norton Rose before moving in-house, with stints at National Australia Bank, Cushman & Wakefield and Entertainment UK (part of the Woolworths Group).
Dr Sam De Silva is a Partner and the Head of the IT and Outsourcing practice at Manches LLP. Prior to joining Manches, Sam worked in London at Nabarro and Pinsent Masons, in Sydney for Freehills (now Herbert Smith Freehills) and in Auckland at Simpson Grierson. His main areas of practice are technology and business process outsourcing and technology projects. He has been published widely, speaks regularly on outsourcing and technology law topics and is the Chairperson on the Law Society's Technology and Law Reference Group and is a Committee Member on the Thames Valley SCL. Sam is also one of very few UK solicitors who is a Fellow of the Chartered Institute of Purchasing and Supply (FCIPS), Fellow of the British Computer Society (FBCS) and a Chartered IT Professional (CITP). Sam has had in-house industry legal experience having been seconded to Accenture UK as a Senior Legal Counsel for 8 months. He is recognised as a leading individual in the most recent editions of the Legal 500 and Chambers & Partners directories. Dr De Silva is also a Barrister and Solicitor of the High Court of New Zealand and a Solicitor of the Supreme Court of New South Wales, Australia.
Eugene Wojciechowski is a Partner and Head of Reading Employment Law practice at Manches LLP. Prior to this, he was head of Shoosmiths' Thames Valley employment team and before moving there he spent a number of years at City law firm, Watson, Farley & Williams LLP. Eugene advises on a full range of both contentious and non-contentious employment law issues and is recognised as a leading individual in the most recent editions of the Legal 500 and Chambers & Partners directories. His experience includes acting for and advising a full range of clients on both TUPE and outsourcing issues. A client recently commented "Eugene was responsible for providing us with the expertise and knowledge to price employment related costs, which have proven to be accurate, in a recent tendering exercise which we won involving the transfer of staff to ourselves. His advice ensured our pricing was competitive and he didn't sit on the fence and take an overly cautious stance. The pricing was tight and without Eugene's input we might not have won the deal." Eugene is also a member of the Chartered Institute of Personnel and Development and the Employment Lawyers Association and is author of the recent publication of 'Drafting Service Agreements.
It may be necessary for reasons beyond the control of the Society for Computers and Law to change the content/timing of the programme and/or speakers.
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