Practice Strengths

Baker Hostetler’s Strategic Outsourcing attorneys work with companies of all sizes as they explore operational alternatives and pursue information technology or business process outsourcing opportunities. We understand that outsourcing is often more than a short-term process solution—it’s often also part of a company’s long-term strategy to maximize efficiency and better position itself to focus on core businesses.

Our attorneys focus on the concrete aspects of an outsourcing transaction—including the service agreements and statements of work—as well as the less-tangible aspects like risk assessment, vendor relationships and market trends.

We advise clients on a variety of outsourcing options, including:

• Application development
• Call-center management
• Data centers—hosting and co-location
• Procurement
• Fulfillment
• Back-office operations
• Claims processing 
• Facilities operation
• Real estate management

The Baker Hostetler team has represented and advised clients in such industries as commercial real estate, technology, manufacturing, finance, media/entertainment, food services and healthcare. For those clients, we have helped secure both on-shore and off-shore solutions.

Structuring the Transaction

Our attorneys provide guidance at all phases of the transaction:

• Identifying on-shore, near-shore, off-shore options
• Analyzing marketplace conditions and situational risks
• Developing the request for proposal
• Vendor selection
• Contract negotiation
• Contract modifications
• Contract termination
• Vendor transition

Recognizing the complexity of these transactions, Baker Hostetler has assembled a team of experienced practitioners well-versed in the areas of law that are most relevant to outsourcing deals. In addition to our outsourcing team, which handles the overall transaction, we call upon our subject matter experts in other areas of the firm to assist in the transaction. Our employment attorneys counsel on critical staffing issues and employment contracts. We bring in the knowledge of our real estate attorneys when an outsourcing transaction involves physical property transfers. Our corporate attorneys assist in corporate issues. Finally, our tax and regulatory group provides key insight to help ensure our clients remain in compliance with state, federal and international regulations while maximizing their outsourcing opportunities.

We bring creativity, experience and an appreciation of the client’s short- and long-term objectives into every outsourcing transaction.

Representative Experience

• Represented one of the largest blood centers in the outsourcing of its IT department, including application development and staff.
• Represented a major New York hospital in an outsourcing agreement for the operation of its data center and maintenance and development of its software applications, and in an inter-entity transition services agreement as part of the hospitals’ unwinding of its earlier merger.
• Represented a global media company in the outsourcing of its product fulfillment function.
• Represented a national commercial property owner in an off-shore outsourcing transaction involving its call center operations.
• Represented a commercial bank in an ASP arrangement for the hosting of its commercial loan portfolio business.
• Represented a national commercial property owner in the outsourcing of its real estate accounting department.
• Represent a steel manufacturer in the off-shore outsourcing of helpdesk and IT application development.
• Represented a toy manufacturer with outsourcing to update servers and hardware for the company’s web portal.