Written by the highly regarded Adam Vereshack, who has over 15 years' experience negotiating outsourcing transactions for major Canadian and international companies, this is the essential guidebook to analysing the major issues that arise in outsourcing agreements. It includes guidelines and clauses to help you to deal with the basic questions of when outsourcing is an appropriate solution to a situation and problems that must be addressed when contracting with a supplier.
All issues discussed have been taken from actual outsourcing agreements including: Transition of employees; Charging methodologies; Improvements and gain sharing; Benchmarking Performance and service levels; Use of the balanced scorecard model and Offshoring. This is the definitive guide to outsourcing contracts for business lawyers who want to understand the issues that arise in outsourcing agreements in order to practise in this burgeoning area, and Corporate Executives, including Chief Information Officers and Chief Financial Officers, who wish to outsource information technology and/or business processes.s.ted features;
· the impact of the Ipp Report; and related and analogous state, interstate and federal laws.
Changes to privacy legislation and the proposed National Health Privacy Code
reciate the book's unique integration of evidence and procedure supported with a commentary that embraces a contextualised approach to legal doctrine.
attention has been given to Australian sources, although reference is still made to decisions from other countries. In this edition, references to the authorised reports of all cases have been included.
Chapter 1: Introduction
Chapter 2: Opening Part of the Agreement
Chapter 3: Initial and Transitional Matters
Chapter 4: Transfer of Employees
Chapter 5: Services
Chapter 6: Project Services
Chapter 7: Improvements and Gain Sharing
Chapter 8: Charges and Adjustments
Chapter 9: Invoicing, Payment and Taxes
Chapter 10: Subcontracting
Chapter 11: Performance and Service Levels
Chapter 12: Performance: The Balanced Scorecard
Chapter 13: Audit Rights
Chapter 14: Change Order Process
Chapter 15: Disaster Recovery and Force Majeure
Chapter 16: Governance
Chapter 17: Intellectual Property
Chapter 18: Confidentiality and Privacy
Chapter 19: Insurance
Chapter 20: Indemnification
Chapter 21: Representations, Warranties and Covenants
Chapter 22: Limitation of Liability
Chapter 23: Termination
Chapter 24: Termination of Services
Chapter 25: Dispute Resolution
Chapter 26: Miscellaneous Provisions
Chapter 27: Offshore Outsourcing
Vereshack, Adam D.
Adam D. Vereshack, LL.B., is a Partner with McCarthy Tétrault LLP's Toronto office. He specializes in outsourcing and strategic alliance transactions. He has extensive experience with e-business transactions including electronic banking and brokerage arrangements, as well as web developments and hosting agreements. He has over 25 years' experience in a wide range of information technology transactions including system acquisitions, technology development, and technology licensing.