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Information Technology Outsorcing Transaction - Halvey K.J.

Halvey K.J. Information Technology Outsorcing Transaction - Wiley Publishing, 2005. - 649 p.
ISBN-10 0-471-45949-6
Download (direct link): informationoutsourcingtransactions2005.pdf
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Appendix 13.3 Legal Due Diligence Checklist for Companies Transacting
with ASPs 539
Appendix 13.4 Application Services (Vendor Sample Form) Agreement 543
Appendix 13.5 Business Continuity Issues for Customers to Consider
When Evaluating an Application Service Provider 558
Appendix 15.1 Checklist for Renegotiating/Terminating
Information Technology Outsourcing Transactions 583
Appendix 15.2 Due Diligence Checklist for Customers
Considering Termination 594
Appendix 15.3 Termination Assistance Services Agreement Outline 600
Appendix 15.4 Termination Agreement between Customer and Vendor 605
Index 613
IMPORTANT NOTE:
Because of the rapidly changing nature of information in this field, this product may be updated with annual supplements or with future editions. Please call 1-877-762-2974 or email us at subscriber@wiley.com to receive any current update at no additional charge. We will send on approval any future supplements or new editions when they become available. If you purchased this product directly from John Wiley & Sons, Inc., we have already recorded your subscription for this update service.
ABOUT THE AUTHORS
John K. Halvey is a partner in the New York office of the international law firm of Mil-bank, Tweed, Hadley & McCloy, LLP and the founder of the Technology & Strategic Sourcing Group. He practices in all areas of technology and sourcing law, with particular emphasis on information technology and business process outsourcing and private equity transactions involving technology or sourcing companies. Mr. Halvey has represented companies in many of the largest technology, telecommunications, and business process outsourcing transactions, including Deutsche Bank, BellSouth, Panasonic, DuPont, AT&T, Alcatel, Xerox, Boeing, Bombardier, General Atlantic, and the Commonwealth Bank of Australia.
His work in these areas has been the subject of articles in Forbes, Information Week, ComputerWorld, CIO Magazine, The Daily Deal, and Venture Capital Journal. Mr. Halvey has for many years been ranked by Chambers and Partners as one of the world’s leading IT and outsourcing lawyers and in 2005 was the only lawyer in the United States to be ranked a “Star Performer” in the outsourcing industry.
In 1995, Crain's named Mr. Halvey on its list of the 40 most successful people under 40 in New York City. He is also listed in The Best Lawyers in America. He has published three other books: Business Process Outsourcing Transactions: Process, Strategies and Contracts; Data Processing Contracts, and Computer Law and Related Transactions. Mr. Halvey is a magna cum laude graduate of Tufts University, Emory University School of Business, and Emory University School of Law, where he was an executive editor of the Law Review.
Barbara M. Melby is a partner in the Global Outsourcing Group. Ms. Melby's practice focuses primarily on outsourcing transactions, including information technology and business process outsourcing, as well as other technology-related transactions, including development agreements, system implementation agreements, licensing and hosting agreements, technology services, joint ventures, and strategic alliances. Ms. Melby represents a large and diverse client base and has led or participated in nearly 100 major outsourcing transactions. Most recently she has completed a large offshore outsourcing transaction for a major insurance company, a global IT outsourcing (ITO) transaction for a leading international media company, a multi-tower outsourcing transaction for a major global pharmaceutical company, and a human resources outsourcing (HRO) transaction for large services provider. In addition to this book, Ms. Melby has co-authored Business Process Outsourcing: Process, Strategies, and Contracts (John Wiley& Sons, 2000). She also has written numerous articles in and has been widely quoted in a wide variety of publications to include CIO Magazine, ITWorld, The Metropolitan Corporate Counsel, and The Pennsylvania Lawyer. Ms. Melby is also a frequent speaker on outsourcing and technology transactions at various business, legal, and professional conferences. She is a graduate of Vassar College and received her law degree from Boston University, magna cum laude. While at Boston University, she served as an editor on the Boston University Law Review and was a Distinguished Scholar.
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ABOUT THE WEB SITE
As a purchaser of this book, Information Technology Outsourcing Transactions: Process, Strategies, and Contracts, 2nd Edition, you have access to the supporting Web site:
www.wiley.com/go/information2e
The Web site contains files for the appendices that appear in this book (see Contents). These appendices are provided in Word format.
The password to enter this site is: outsourcing
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PREFACE
Amid an unsteady economic recovery, outsourcing has become both a corporate buzzword and a galvanizing issue for many interest groups since the first publication of this book in 1994. Hardly a day goes by without national and international publications like The Wall Street Journal, The New York Times, Business Week, Time, and The Economist discussing the issue of outsourcing from a strategic, legal, and geopolitical point of view. While CNN’s Lou Dobbs maintains a running list of American companies exporting jobs overseas,1 no less than a dozen federal bills and resolutions meant to curb offshore outsourcing have been proposed,2 and a majority of states have introduced antioutsourcing legislation of one type or another.3 Yet, despite outsourcing’s role as a lightning rod for campaign rhetoric, companies in a wide array of markets increasingly view outsourcing as a means to achieve cost or operational goals and as a tool for operational and cultural transformation.4 As these companies embrace increasingly diverse outsourcing solutions, there has been an attendant need for increasingly sophisticated transaction structures, which, in turn, has brought outsourcing directly within the purview of corporate development groups.
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