One of the fastest growing markets is that of business process outsourcing. We routinely handle technology services agreements involving the outsourcing of, or access to, highly sensitive and regulated data including negotiating and preparing (i) appropriate use and security parameters and protocols, (ii) liability and risk allocation schemes for each party‘s applicable use of data and (iii) response mechanisms in the event of security breach incidents. Our attorneys assist companies in developing comprehensive cloud strategies and identifying legal issues and solutions for integrating the cloud methodologies into traditional business models.

In addition to the technology issues, we've assisted technology companies in the sales tax implications of cloud computing, including determining whether the true item of the transaction is taxable software or a non-taxable professional service.

Specific areas include:

  • Business process outsourcing
  • Database outsourcing
  • Software as a service (SaaS)
  • Cloud computing
  • Multi-source agreements
  • IT outsourcing
  • Website development, terms and conditions, and hosting agreements
  • Online contracting and digital signatures
  • Electronic payment systems
  • Internet service and access agreements
  • Privacy regulation
  • Website content, linking, framing and co-branding
  • Social networking and social media sites

Our experience includes:

  • We developed a comprehensive information technology acquisition strategy for a large health care provider network, including development of a baseline information technology agreement for use with information technology vendors.
  • We advised a hospital system with respect to its outsourced clinical analysis program involving the uploading of patient data from multiple offices and treatment centers into a centralized database warehouse for analysis, data mining and report generation.
  • We advised a publisher with respect to outsourcing its entire business process for magazine subscription and fulfillment services, including the processing of credit card payments.
  • We have assisted clients with outsourcing human resources functions, and reviewing and revising contracts between our clients and the service provider.