The Morris, Manning & Martin Outsourcing Practice offers a highly specialized skill set, thoroughly integrated with the Firm's legal practices that help clients implement outsourced services and prepare and negotiate complex sourcing transactions.

Key Services:

• Business Process Outsourcing (BPO)
• Information Technology Outsourcing (ITO)

We provide excellent legal and business assistance to our clients. Over the last 20 years, we have developed a solid understanding of the industries involved and we understand the most successful business strategies. Although we have worked quite extensively with outsourcing suppliers, our primary focus is representing companies seeking to source their services so the company can concentrate on its core competence. We work with our clients and with their other advisors to determine realistic objectives, develop a set of business requirements that will meet those objectives and ultimately achieve a deal that reflects those business requirements. We use a proprietary business process system that is based on traditional business process analysis which we have adapted to legal representation. This means that the process of closing these complex transactions is handled by our firm in a manner similar to how your company handles complex transactions. One benefit is that you receive frequent updates concerning the status of the transactions.

Many outsource services are critical to the mission of your company. We help you plan and implement protections to prevent and remedy failures or defects in the outsourced services. We concentrate on these simple yet very important goals:

• The contract should allow the customer to monitor and control the continuing services and remedy any defects using a consistent process.
• The contract relationship must be flexible enough to allow the business imperatives to control the services.
• Charges must be constrained by the contract and must be predictable.
• Control of change should be process driven so that the company can adapt to changing market conditions in its industry.

The best way to ensure that a customer’s outsourcing relationship and related complex transactions will succeed is to design the contract so that every phase of the process, from the first meetings with potential suppliers, through the RFP process and into contract negotiations and execution, is clearly set forth and regulated. The Morris, Manning & Martin team will be there with you every step of the way and in every location needed. To date, we have assisted clients obtain services in Eastern Europe, South America, Central America, the Caribbean, India, the Philippines, and China and of course many from companies in the United States.

Requirements for an Outsourcing Contract to Work

For an outsourcing contract to work, it must help create a lasting relationship that is constructive and fair to both sides. At its core, there are three requirements that must be met to have a successful relationship with an outsourcing supplier:

• An outsourcing can only be successful if it is built on a solid relationship with mutually agreed upon expectations and requirements.
• The outsourcing contract and the process it embodies must be based on the requirements of your business. We help you structure the outsourcing process so the controls and services are similar to those you would have if your own employees were providing the services.
• The executives and employees of your company should never be limited or constrained by the outsourcing so they can accomplish the business goals of your company.

We will help you structure your outsourcing contracts and processes with these requirements in mind. We have developed a process that we use to achieve these goals. We will help you achieve your goals in a way that aligns the supplier’s interests with your needs and requirements.

Business Process Outsourcing (BPO) can range from routine services arrangements for commodity functions to profoundly transformative partnerships and joint ventures that have the power to fundamentally change the way business is done. BPO can deeply affect an organization’s relationship with its customers, its suppliers and, perhaps most importantly, its employees.

BPO is taking a business process that an organization has run, that it owns, and that its customers or employees have come to rely upon, and entrusting it to a third party. The power of BPO is its ability to bring about tremendous financial and performance advantages. The heart of a successful BPO lies in achieving these financial and performance objectives while ensuring that the people most affected—internal and external customers, suppliers, employees—are in control, protected and satisfied with the services. The good news is that with the right legal team working for you, these seemingly inconsistent goals are achievable.

Information Technology is the backbone of modern business, and the corporate world is increasingly choosing to entrust this critical function to outsourcing providers. Although companies outsource IT for many different reasons, such as cost savings, improved service quality and processes, and a desire to focus on core competencies. Unfortunately these goals are often not realized unless the contracting process accurately implements these business goals using realistic legal processes and remedies to keep the interests of the sourcing provider aligned with those of your company. We can help you reduce the chances of failure for your company.

Based on our experience and the success of our clients, we know that an appropriate contract is critical to a successful outsourcing—but not only for the obvious reasons. Let us explain our approach to you. We believe you will want us on your side.

MMM Tech Law & Business Report