In part 1 of this discussion we described two front end challenges that, if not properly anticipated and addressed, can (and very often do) derail successful completion of enterprise projects. We’ll now turn to the downstream transactional considerations that can help position a project for success. The Right Contract Architecture…
It is one of those sayings that people just love to recite: “The best contracts are the ones that stay in the drawer.” In ten years of advising customers on their outsourcing agreements, I have heard this phrase uttered in just about every large negotiation that I have done (typically…
In last two decades, much of the attention of customers and advisors has focused on outsourcing under the managed services model. The outsourcing era began with infrastructure outsourcing, which evolved from time sharing and facilities management. This was followed by outsourcing of applications maintenance and support and, on a parallel…
A recent morning paper reported that telecoms giant Orange, who are outsourcing their call center services to IBM in the Philippines, told their night-shift call center employees in Darlington that if they want to keep their jobs they would need to move to Manila. Orange reportedly offered these employees a…
When considering renewing and extending an outsourcing agreement, a different set of dynamics often comes into play when compared with the initial transaction. As organizations’ outsourced relationships change and mature over time, it’s a good idea to try and capture lessons learned by undertaking a post closing review in order…
As the global economy shifts, the global market for offshoring services continues to expand. Countries that would previously never have been considered are now proving to be tempting destinations for outsourcing services. As we reported in this blog, forthcoming tax changes may affect the pricing available from the established Indian…
“What does that mean?” may be one of the most common questions a lawyer asks when working on the early stages of a sourcing deal. Sometimes it’s because the client is using company-specific or industry-specific jargon the lawyer hasn’t heard before. But more often it’s because the lawyer is trying…
If you have an Indian supplier supporting your business, chances are that your supplier is taking advantage of the STPI (Software Technology Parks of India) and SEZ (Special Economic Zones) schemes. These provide certain tax incentives to qualified companies–effectively lowering their cost of doing business and allowing more competitive pricing.…
Conventional wisdom among technology and outsourcing practitioners is that neither side would willingly litigate an enterprise technology or outsourcing agreement. Each party has too much to lose from the public airing of a failing relationship. If that is true, why are we seeing more media stories of disputes around large-scale…