A meeting of the SCL Outsourcing Group
Just as nothing is as certain in life as death and taxes, so it is that outsourcing projects and relationships - even the successful ones - must eventually come to an end. It is accordingly essential that every good deal considers the future and what will need to happen in such event. Why is it then that the process of exit so often seems to be painful and fractious? Our seminar and expert speakers will consider these issues and more, and suggest some practical means of easing the pain for both parties.
Controlling the size of the hole - Steve Holmes, Senior Associate, Baker and McKenzie
- whose fault is it if the customer feels in the weaker position on exit?
- the signifance of the customer's initial decisions
- the trade-off between risk and savings
- restructuring of the deal to reduce risk as an alternative / prelude to termination
Termination Rights and Remedies - George Wheeler-Carmichael, Partner, DLA Piper UK LLP
- what are the options, e.g for fault, no fault and convenience?
- what is the perceived view of "market practice" in terms of such rights and their consequences?
Perils and Pitfalls of Exit and Termination - Chris Holder, Partner, Barlow Lyde and Gilbert
- What are the types of problems which arise in practice?
- how they might be managed both practically and by contract?
Steve Holmes is a Senior Associate in the Outsourcing Team at Baker & McKenzie in London, where he advises a range of clients in the telecommunications, technology and digital media industries on non-contentious matters, including outsourcing and other IT contracts, ecommerce and the distribution of content using new technology. Steve has extensive experience in the fields of outsourcing services and IT procurement services, including recently working on major IT, telecommunications, customer services and finance and accounting outsourcing projects.
Chris Holder is recognised as one of the leading outsourcing lawyers in the UK and specialises in advising customers and suppliers involved in large scale, complex IT and business process outsourcing transactions. He has advised on a number of data centre, desktop, application development and network IT outsourcings, some of which are amongst the largest transactions of their kind in the UK and Europe, and also HR and finance outsourcings. These include the outsourcing of AstraZeneca’s worldwide IT infrastructure to IBM; advising LSG Sky Chefs on its worldwide IT infrastructure outsourcing project as well as recent desktop and WAN managed services agreements; the design, build and ongoing provision of services for the Home Office in relation to the public safety radio project with BT; the outsourcing of BP Amoco’s worldwide telecoms network; the outsourcing of Dun & Bradstreet’s European data centre and applications development functions; and the outsourcing of Huntsman Chemical’s desktop infrastructure. Chris was previously a partner at US outsourcing specialists Shaw Pittman and was also an in-house lawyer specialising in outsourcing at IBM, where he was involved in the majority of IBM’s large scale outsourcing projects in the UK at the time.
George Wheeler-Carmichael is a partner in the Technology Media and Commercial Group at DLA Piper. George has advised on a range of projects for IT and telecommunications services and has drafted and negotiated the contracts. He joined DLA Piper as a partner in April 2002. For the past ten years he has concentrated on the larger projects specialising mainly in outsourcing and ICT infrastructure contracts. George mainly works for the procurers of ICT products and services but also advises suppliers. He has wide experience of technology-related transactions in the financial services sector and also frequently acts for public sector bodies.