Practice Areas

Practice Area Details

IT and Business Process Outsourcing

RMKB is known for its practice experience in the areas of negotiation and conclusion of technology outsourcing transactions including the creation of offshore software development centers, joint ventures with progressive divesting and earn-outs, teaming agreements, collaborate off sourcing, business process outsourcing centers (with Build Operate Transfer “BOT” complexities). Further, RMKB attorneys possess in-depth litigation experience in defending and prosecuting intellectual property infringement, breach of confidentiality, misappropriation of trade secrets and a variety of other business litigation claims. RMKB draws on the knowledge and experience of more than 100 U.S. attorneys, including some qualified in multinational jurisdictions, giving the firm exceptional ability to represent its clients in a truly comprehensive manner. Our attorneys have routinely advised on and have successfully created multi-country offshore software development, IT and business process outsourced centers in all public sector and private industry areas including, financial, insurance, healthcare, retail, semi-conductor equipment, IC manufacturing, biotech, software, and hardware.

Outsourcing today is a new way of doing international trade. With the advent of the Internet, more companies are now falling in line to sustain business momentum and cost control by utilizing offshore business process arrangements. Companies are saving thousands of dollars by outsourcing the software development/customization software projects or business processes to low-cost, offshore locations such as India and China. The initial concerns of U.S. and multi-national corporations over offshore confidentiality and privacy issues have been alleviated to a large extent due to the personal relationships and key partnerships among U.S./international managers and their counterparts at offshore centers. What is evident is an overall desire to find a trustworthy outsourcing partner and the challenge of having to do this without first working together.

Most outsourcing agreements are designed and intended to last for multiple years. The outsourced services generally require a “knowledge” transfer and a learning curve by the service provider of the contemplated outsourced IT and/or business process “environment”. The agreement on service levels, application of credits, earn backs, benchmarking, most favored pricing and retroactivity, disaster recovery and business continuity, representations and warranties concerning the extent and scope of compliance with laws impacting the business processes outsourced, termination rights including exit assistance and exercise of BOT options, non compete restrictions, “conflict of interest” prohibitions for transfer of full time equivalents “FTEs” to competitor projects, indemnities and limitation of liabilities are a few examples of outsourcing agreement clauses that require significant business understanding by the lawyer of the process itself and substantial litigation experience to avoid potential pitfalls.