The due diligence review of existing third-party contracts is a critical component of any outsourcing deal. For the company that is outsourcing part of its business functions to a third party, reviewing existing third-party contracts for certain key terms is an important part of the outsourcing process.

Complexity in sourcing transactions relates to the interdependence between the parties executing a program.

Even with the standard independent contractor provision in a Master Services Agreement, when employees of the contractor work at a client's site, there can be a heightened risk for joint employment liability, especially where such employees were hired by the contractor as part of an outsourcing arrangement.

The audit section in a services agreement contains the provisions that specifies a party’s right to access and review another party’s information in order to determine such party’s compliance with the agreement.

Forbes has listed its top outsourcing trends in the Asia-Pacific (APAC) region for 2019. The APAC region has long been the dominant region for outsourcing, although it is facing competition from emerging outsourcing markets in other regions.

Outsourcing agreements are typically long-term arrangements and the functions outsourced, whether IT or business processes, often key to the continued operation of the customer’s business.

In business process outsourcing (BPO) transactions, some of the toughest negotiation points often involve responsibility for compliance with applicable laws and regulations.

Towards the end of 2018 we ran a series of Contract Corner blog posts on the GDPR and Data Processing Addendums.

Morgan Lewis will co-host an interactive master workshop on negotiations and contracting geared toward business leaders, sourcing professionals, and in-house counsel who work together on complex transactions such as digital transformations and vendor outsourcing.

The process of “going digital” has drastically affected the outsourcing market in recent years.