Information Technology & Outsourcing

Milbank’s Technology and Outsourcing Transactions Group has become widely recognized as one of the worldwide leaders in the area of information technology and business process outsourcing by representing a wide variety of clients in structuring, restructuring and terminating domestic and international outsourcing transactions. Over the past ten years, we have played a significant role in many of the largest and most complex information technology and business process outsourcing transactions. Our experience includes:

• Information Technology Outsourcing
  We have worked on well over 200 information technology outsourcing transactions.
  

• Renegotiations and Terminations
  A significant portion of our work in the past few years has involved the renegotiation or termination of existing outsourcing relationships. This has typically involved an analysis of the current state of the transaction and, in many cases, negotiating the agreements relating to the insourcing or resourcing of some or all of the work under the existing agreement.
  

• Business Process Outsourcing
  We have developed significant expertise in the area of business process outsourcing through our representation of a wide variety of clients in structuring domestic and international business processing outsourcing transactions.
  

• Joint Ventures and Strategic Alliances
  Our practice also includes the representation of a wide range of companies in corporate transactions, including joint ventures, strategic alliances, venture capital, public offerings and other financings, and mergers and acquisitions.

Milbank’s depth and breadth of experience in other areas complement our strengths in the outsourcing field. The Global Technology Transactions Group has drafted and negotiated a wide range of purchase and sale agreements in connection with the sale of hardware and software assets to outsourcing vendors, advised on matters relating to the transfer of employees to outsourcing vendors, including benefits and pension issues, union and non-union transfers and potential discrimination claims, provided expertise regarding compliance issues, advised on a wide range of anticompetition and exclusionary issues and provided expertise regarding tax issues. In addition, Milbank’s experience in outsourcing and technology-related transactions in the United States and throughout the world has enabled us to develop expertise in a variety of cross-border issues, including restrictions in transborder data flow.

Some recent representative transactions in Europe include our representation of Deutsche Bank, in the outsourcing of its worldwide procurement and accounts payable functions to Accenture, or representation of Bombardier Transportation, in its €700 million worldwide information technology infrastructure and applications development transaction with CSC, our representation of Banco Comercial Português, in the outsourcing of its data centre and midrange functions to IBM Portugal, and our representation of Danzas Management Ltd., in the outsourcing of its European finance and accounting functions.

Partners and Counsel

Jacobs, Laurence
Keaton, Sean
Stait, Julian