Law Seminars International Presents

A Two Day Conference on

Outsourcing IT and Business Processes

To maximize value and minimize risk

May 17 & 18, 2004
Crowne Plaza Beverly Hills in Los Angeles, CA
Order      Download PDF Brochure

Who Should Order Homestudy

Lawyers, corporate counsel, licensing managers, executives, and consultants

Why Order

"Although virtually all organizations of any size have outsourced or will consider outsourcing, few are adequately prepared to maximize the value and minimize the risks presented by these complex service arrangements. This seminar comprehensively examines the key success factors in structuring, scoping, pricing, and managing information technology and business process outsourcing agreements. It also highlights special considerations relating to offshore outsourcing and opportunities presented by the emerging business process outsourcing marketplace. The distinguished group of presenters includes attorneys with over 60 years combined experience in representing outsourcing buyers and sellers in billions of dollars worth of transactions, as well as recognized industry experts, service providers, and outsourcing customers. The program will be of particular interest to in-house counsel, CFOs, CIOs, and others responsible for evaluating, implementing, and managing outsourcing relationships." ~ Program Co-Chairs: Robert M. DiGiovanni, Esq. and George Kimball, Esq.

What You Will Learn

Business and Legal Perspectives on Outsourcing Fundamentals, Defining and Managing Scope of Service and Service Levels, Key Issues in Illustrative BPO Market Segments, Transition and Disengagement, HR and Related Issues, Offshore and Multi- National Outsourcing, Establishing and Maintaining Fair, Competitive Charges, Software and Intellectual Property in BPO, Privacy and Information, Security, Avoiding Troubled Relationships

What Attendees Said

"Conference content & speakers excellent." "Great tips and best practices. "

Agenda

Monday, May 17, 2004
8:30 am Introduction and Overview
  Robert M. Di Giovanni, Esq., Program Co-Chair
 Shaw Pittman LLP / Los Angeles, CA
  George Kimball, Esq., Program Co-Chair
 Arnold and Porter / Los Angeles, CA
8:45 am Business and Legal Perspectives on the Fundamentals of Outsourcing--Process, Structure, Critical Issues
  IT--a mature, but evolving market; BPO, offshore and other trends; special challenges; coverage; the importance of a disciplined process; selection strategies; key risks and terms--competing perspectives and common ground
  George Kimball, Esq., Program Co-Chair
 Arnold and Porter / Los Angeles, CA
  IT--a mature, but evolving market; BPO, offshore and other trends; special challenges; coverage; the importance of a disciplined process; selection strategies; key risks and terms—competing perspectives and common ground
  Kevin S. Parikh, Esq.
 Gartner Consulting / Los Angeles, CA
10:15 am Break
10:30 am Defining and Managing Scope of Service and Service Levels
  Statements of work; gap-filling or "sweep" clauses; due diligence and comprehensive disclosures; change control; evolution in and modification to services; Types of service levels; establishing and managing service levels
  Robert M. Di Giovanni, Esq., Program Co-Chair
 Shaw Pittman LLP / Los Angeles, CA
  John C. Weitnauer, Esq.
 Alston & Bird LLP / Atlanta, GA
12:00 pm Lunch (on your own)
1:15 pm Key Issues in Illustrative BPO Market Segments
  Types of services provided; why customers choose to structure transactions in particular ways; typical service level and pricing issues arising in different market segments; lessons learned/success factors for different market segments
  Ron Walker, Moderator
 EquaTerra, Inc. / Escondido, CA
  Customer Care/Call Center transactions
  Richard Lawson, Senior Sales Executive
 ACS, Inc. / North Kingstown, RI
  Finance and accounting
  Arthur H. Mazor, Principal
 Mellon Human Resources & Investor Solutions / Atlanta, GA
  Human resources
  Barry D. Weiss, Vice President, Client Transactions
 Exult, Inc. / Irvine, CA
  Types of services provided; why customers choose to structure transactions in particular ways; typical service level and pricing issues aising in different market segments; lessons learned/success factors for different market segments
  John Putnam, Vice President of BPO for Americas
 Capgemini / Englewood, CO
3:15 pm Break
3:30 pm Transition & Disengagement -- HR and Related Issues
  Transition and migration plans; transfers of employees and contractors; termination assistance; recruitment of dedicated staff
  William (Bill) Peters, Esq.
 O'Melveny & Myers LLP / Los Angeles, CA
4:15 pm Special Issues in Offshore and Multi-National Outsourcing
  Transition structures, transition, relationship management, and other issues in offshore deals
  Michael T. Murphy, Esq.
 Shaw Pittman LLP / Los Angeles, CA
  Special issues for multi-national transactions, including protection of intellectual property, employment, privacy, export controls, dispute resolution
  John R. (Ross) Docksey, Esq.
 Sonnenschein Nath & Rosenthal LLP / Chicago, IL
5:15 pm Reception for Faculty and Attendees
  Sponsored by Arnold & Porter and Shaw Pittman

Tuesday, May 18, 2004
8:30 am Dollars & Cents -- Establishing and Maintaining Fair, Competitive Charges
  Typical pricing frameworks; rights to withhold disputed amounts; allocation of tax liability
  Bradl L. Peterson, Esq,
 Mayer Brown Rowe & Maw / Chicago, IL
  Benchmarking; "Most-Favored" pricing; open book; variable pricing; equitable adjustments; incentives and gain-sharing
  Nick Owen, Managing Consultant
 PA Consulting Group / Los Angeles, CA
10:00 am Break
10:15 am Software and Intellectual Property in BPO
  Required consents; use of third party and proprietary systems during and after the term; new developments; licensing issues
  William A Tanenbaum, Esq.
 Kaye Scholer LLP / New York, NY
  Business process patents
  Stephen D. Kahn, Esq.
 Weil, Gotshal & Manges LLP / New York, NY
11:30 am Privacy and Information Security
  An issue spotter’s guide to ensuring compliance with Gramm-Leach-Bliley; HIPAA; State legislation; EU Privacy Directive; and other requirements
  Francoise Gilbert, Esq.
 IT Law Group / Palo Alto, CA
12:15 pm Lunch (on your own)
1:30 pm Troubled Relationships and How to Avoid Them
  A walk through a hypothetical troubled relationship with practical tips for governance; effective communications; contract and relationship management; common pitfalls; strategies for resolution; helpful and unhelpful contract provisions.
  Matthew F. Maccoby, Esq., Moderator
 Arnold & Porter / Century City, CA
  Jeffrey L. Gorman, Esq.
 Electronic Data Systems Corporation (EDS) / Plano, TX
  David C. Leonard, Esq.
 Technology Partners, Inc. / The Woodlands, TX
  Karen M. McGee, Esq.
 APL Limited / Oakland, CA
3:00 pm Break
3:15 pm Disaster Recovery and Business Continuity
  Practical tips for disaster recovery and business continuity plans; lessons of September 11; special issues for regulated industries
  Geoffrey Larbalestier, Principal Consultant
 PA Consulting Group / Los Angeles, CA
4:00 pm Ethical Considerations and Constraints
  Privilege; communications with represented parties; boundaries between consulting and law practice; business vs. legal advice; non-legal services; disclosures of competitive information; integrity of bidding process; contract disputes
  Pamela Phillips, Esq.
 Rogers Joseph O'Donnell & Phillips / San Francisco, CA
5:00 pm Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International self-certifies CLE credits for Washington, California, and Alaska. For other locations, we automatically seek CLE credit approval for the state in which a seminar is held. On request, we will apply for credits from other bar associations or the accrediting bodies for other professions. The current credits status for this program is CA MCLE 13.75 inc 1 Eth | NY CLE 16 inc 1 Eth (non trans) | TX CLE 13.5 inc 1 Eth (#000060742) | WA CLE 13.5 inc 1 Eth (#118595)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

Robert M. DiGiovanni, Program Co-Chair and a partner with Shaw Pittman LLP, devotes a significant portion of his practice to counseling clients on technology contracting matters and to negotiating and documenting substantial outsourcing and other complex technology transactions.

George Kimball, Program Co-Chair and a partner with Arnold & Porter, specializes in complex technology transactions, including outsourcing of IT and other business functions and processes.

Matthew F. Maccoby, a partner with Arnold & Porter, specializes in technology services and other business transactions. His experience covers the full cycle of technology transactions, from inception through amendments, renewals and terminations (both for convenience and for cause).

Ron Walker is responsible for global service delivery to clients as well as business development and regional practice management operations at EquaTerra. He is one of the early practitioners in the business process outsourcing (BPO) industry and has served on all sides of the BPO transaction.

John R. (Ross) Docksey is a partner with Sonnenschein Nath & Rosenthal LLP where his practice focuses heavily on corporate transactions, including mergers and acquisitions, the creation of strategic alliances, the outsourcing of key business functions, and technology contracting. He also serves as general counsel or principal outside corporate counsel for a number of closely held corporations.

Françoise Gilbert, a partner with the IT Law Group, focuses on significant technology, privacy and e-commerce transactions and counseling. Her clients include Fortune 100 corporations, as well as start-up developers of innovative software products or services.

Jeffrey L. Gorman is Senior Counsel in Electronic Data Systems ("EDS") Corporation’s legal department. As such he provides commercial legal support to the Western region of the United States on behalf of EDS, and consults with the management of that region on a range of legal issues.

Stephen D. Kahn, a partner with Weil Gotshal & Manges LLP, has practiced patent litigation and other areas of intellectual property law for more than 30 years, including the litigation of trade secret, copyright and trademark disputes and extensive counseling/transactional matters.

Geoffrey Larbalestier is a Principal Consultant at PA Consulting Group where he has been engaged in Disaster Recovery Planning over the last 10 years, and has more than 15 years experience in Information Technology. His other areas of expertise include IT Outsourcing, Project Management, and IT Strategy.

David C. Leonard, a principal at Technology Partners, Inc. brings 37 years of sourcing industry experience, including executive BPO transaction team leadership and ITO transaction and delivery management expertise, to clients at TPI.

Karen M. McGee is Associate Counsel at APL Limited and all wholly owned subsidiaries of Singapore based Neptune Orient Lines. She is primarily responsible for overseeing all corporate licensing and technology contracting (including outsourcing agreements), supporting APL’s global e-commerce division and protecting the company’s intellectual property worldwide as well as providing general corporate legal advice.

Michael T. Murphy is a partner in Shaw Pittman’s Technology Group. He specializes in complex sourcing projects including outsourcing, joint ventures and strategic alliances covering information technology and technology-enabled business processes.

Nick Owen is a Managing Consultant with PA Consulting Group. His professional focus is on IT strategy, technology implementation and outsourcing. He is currently working with a major international utility on the review and benchmarking of IT service costs, and has recently led a number of requirements analyses, RFP, sourcing and selection projects for major California businesses.

Kevin S. Parikh is a Director at Gartner Consulting where he leads the Contract Development team in North America. He specializes in IT contract and service level negotiations, contract development and assessment, outsourcing, strategic management, and software licensing.

William (Bill) Peters is a partner in O’Melveny & Myers LLP’s Los Angeles office. He has spent his entire legal career in the information technology and outsourcing industries, including serving as corporate counsel to a major information technology service provider and general counsel to a leading provider of outsourced human resources services.

Brad L. Peterson is a partner with Mayer, Brown, Rowe & Maw LLP where he focuses his practice on outsourcing; information technology transactions; joint ventures and strategic alliances; e-commerce; corporate and securities transactions.

Pamela Phillips, a partner with Rogers Joseph O’Donnell & Phillips, is a leading expert in legal ethics and the defense of legal malpractice and malicious prosecution cases. She also acts as an expert witness in such matters.

William A. Tanenbaum is the International Chair of the Technology, Intellectual Property & Outsourcing Group at Kaye Scholer LLP and a partner in the firm’s New York office. His practice focuses on technology transactions, intellectual property protection and IP and technology litigation, with a particular emphasis on software licensing, outsourcing, privacy and data protection.

Barry D. Weiss is Vice President, Client Transactions for Exult, Inc. with over 15 years experience negotiating outsourcing transactions. He previously, headed the Technology Transactions Practice Group at Cooley Godward LLP.

John C. (Kit) Weitnauer is a partner in the Technology Group at Alston & Bird LLP where he focuses on mergers and acquisitions, outsourcing, joint ventures, and licensing. Mr. Weitnauer also practices in the firm’s Bankruptcy Group.