TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

Just when we were getting used to the "cloud" way of things, new buzzwords are emerging to brand solutions that may replace (or more likely enhance) cloud computing. Two of these solutions—"fog" computing (Cisco) and computing pushed toward "the edge" (IBM)—were the topics of an interesting article recently published in The Wall Street Journal called “Forget ‘the Cloud’; ‘the Fog’ Is Tech’s Future” (subscription required). The article emphasizes that although “cloud advocates are fond of declaring that 100% of computing will someday reside in the cloud . . . [h]ere's the reality: Getting data into and out of the cloud is harder than most engineers, or at least their managers, often are willing to admit.”

As the outsourcing industry matures and contracts run their full cycles, we have seen an influx of deals that are expiring or up for renegotiation or resourcing. How can legal and sourcing leads prepare for an upcoming renegotiation or resourcing project? Read on for three tips to help get a leap on these projects.

A recent jury finding in Energy Transfer Partners LP v. Enterprise Products Partners LP may have far-reaching effects in how relationships formed through nonbinding letters of intent are interpreted, specifically regarding whether conduct can negate a previous agreement between parties.

In numerous documents, including a letter of intent, executed by Energy Transfer Partners LP (ETP) and Enterprise Products Partners LP (Enterprise) the companies agreed that neither party had a legal obligation to pursue a pipeline project until both parties signed a definitive agreement stating their intent to be bound to the venture. Enterprise later abandoned the project citing a lack of concrete interest from shippers and ETP filed suit after learning that Enterprise entered into a similar project with a third party. ETP argued that the parties' conduct formed a state law partnership under Texas law and alleged that Enterprise breached its fiduciary duties.

We recently hosted our 8th annual Women in Shared Services and Outsourcing Executive Roundtable in New York. More than 50 women from across the United States attended the May 8 event, representing a wide range of industries, including financial services, consumer products, energy, and life sciences.

We hope our readers will join us for our annual outsourcing and commercial transactions event on April 10 at Morgan Lewis’s Philadelphia office. Topics discussed will include innovation and changing technologies, changing sourcing models, and screening requirements in outsourcing and services transactions. The event will offer opportunities to network with outsourcing and commercial transactions lawyers and sourcing professionals from the top companies in the region. Click here for more information.