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Outsourcing 2016: ITO, BPO and Cloud

Author(s): George Kimball, Michael S. Mensik, Brad L. Peterson, William A. Tanenbaum, John F. Delaney
Practice Area: Corporate & Securities, Intellectual Property, Privacy & Cybersecurity
Published: Sep 2016
PLI Item #: 145871
CHB Spine #: G1289

John F. Delaney is a partner in the New York office of Morrison & Foerster LLP, where he leads the office’s Technology Transactions Group.  Mr. Delaney has advised clients ranging from Fortune 500 companies to early-stage start-ups on a wide range of complex technology law issues, including outsourcing transactions (covering IT, BPO, HRO, ADM, Business Transformational, Business Continuity & Disaster Recovery and Offshoring arrangements), SaaS, IaaS, PaaS, privacy and data security, cloud computing, big data, social media, mobile applications, digital content distribution, technology development agreements and joint venture relationships.  He has also assisted clients in developing licensing campaigns and royalty strategies, and on the creation of and participation in standard-setting organizations.

Mr. Delaney is ranked by Chambers & Partners as one of America’s leading business lawyers (recommended in New York for "Technology & Outsourcing" (Band 1) and nationally for “Outsourcing” (Band 2); is recommended by Legal 500 in the areas of “Technology:  Outsourcing,” “Technology:  Transactions” and “Technology: Data Protection and Privacy”; and is recognized by Best Lawyers in America (Information Technology), PLC Which Lawyers (Outsourcing), IAM Patent 1000 – The World’s Leading Patent Practitioners (Patent Licensing) and Superlawyers (Intellectual Property; IT & Outsourcing; Entertainment & Sports).  Crain’s New York Business included him in its “Technology 100,” a list of individuals “likely to shape the direction and growth of New York’s economy for years to come.”

Mr. Delaney received his B.A. from the University of Notre Dame, and his J.D. from Columbia Law School.

Michael Mensik is a partner with Baker & McKenzie LLP and a founding member of the firm’s Global Information Technology/Communications Law practice.  Ranked as a leading Technology and Outsourcing attorney by Chambers, Mr. Mensik is described as “an expert in a variety of topics and knows the best person in every office around the world for your situation.”  In 2009, he was inducted into the International Association of Outsourcing Professionals’ “Outsourcing Hall of Fame.”

Mr. Mensik was born in Buenos Aires, Argentina, and resided in Rio de Janeiro, Brazil, until 1964.  He attended Stanford University (B.A., Economics, with distinction, 1976) and the University of California at Berkeley, Boalt Hall (J.D. and M.A., Economics, 1980).  While a student, Mr. Mensik attended Pontificia Universidad Católica del Per? in Lima, Peru.  He spent several years working at the firm's Madrid office in the 1980's.  He is admitted to practice law in Illinois.

Primary Areas of Practice:

IT and Outsourcing


Chambers USA Band 1 (‘the gold standard of legal advisors on IT outsourcing and contracts.’”)


Legal 500 USA Firm of the Year for Outsourcing 2014

Law School/

Graduate School:

MBA – University of Chicago


JD – Harvard Law School

Work History:

IBM Marketing Representative

Kirkland & Ellis – Associate

Mayer Brown LLP - Partner


Professional Memberships:

Sourcing Interests Group

International Association of Outsourcing Professionals

William A. Tanenbaum is the Chambers-ranked Co-Head of the Technology Transactions Practice at Arent Fox and the leader of its Health Care IT section. His practice focuses on data, cyber, IP and technology transactions and litigation, including Health Care IT and the IP and IT aspects of M&A and corporate transactions. Bill is recognized for creating new IT and IP structures to solve business problems. He is a past President of the International Technology Law Association.

Bill was named as one of the Top Five IT Lawyers in the U.S. by Who’s Who Legal in 2016, named in 2017 to Best of the Best USA's List of the Top 30 IT lawyers, and previously named as “Lawyer of the Year” in IT in New York by US News & World Report/Best Lawyers. Chambers ranks Bill in Band One in Technology & Outsourcing in New York, in Band Two nationally and as a Leading Outsourcing Lawyer in its Global Edition. He is the only Health Care IT lawyer in Band One. Bill was selected as the 2017 “Cyber Security Law Expert” in New York by Global Law Experts. Legal 500 names him as a “Leading Authority” on Technology and Outsourcing. Bill was named in the IAM Strategy 300: The World's Leading IP Strategists 2017 and in the inaugural edition of Who’s Who Legal: Thought Leaders 2017. Membership is limited to “those who truly stand out in their field as leaders and trailblazers, and who are held in high esteem by their clients and fellow practitioners.”  Bill is also recognized as an “IP Star,” as a “Life Science Star,” and as one of the “Clean Tech 100” (by Managing IP Handbook 2016, LMG Life Science Guide 2016, and LMG Clean Technology and Renewable Energy Guide).

Clients endorse Bill as “a brilliant lawyer. I cannot imagine working with anyone else;” “brings extremely high integrity, a deep intellect, fearlessness and a practical, real-world mindset to every problem;” “makes excellent judgment calls;” "great understanding of when to give and when to hold firm" (Chambers) “one of the best IP lawyers I have worked with” and “knows exactly how to get a deal done” (Clean Tech and Who’s Who Legal). Legal 500 says he is “a leading authority on . . .data security [and] privacy;” and “has particular expertise in cloud computing, Big Data, social media [and] mobile computing.”

Bill is the only attorney Officer of SIM (NY Chapter), an international CIO industry association.

Bill negotiates IT and IP transactions in a wide range of industries, including technology development projects, Health Care IT and data licensing, as well as strategic IP counseling. He negotiates outsourcing agreements. He handles the legal aspects of upgrading computer systems and integrating cybersecurity, cloud services, mobile technology, Big Data and the Internet of Things into existing IT systems and revenue-generating business operations. He handles life science agreements. Bill works closely with CIOs, Chief Security Officers and Chief Data Officers as well as corporate law departments. As part of Arent Fox’s International Working Group, Bill handles IP and technology agreements for international clients doing business in the U.S. and offshore aspects of outsourcing agreements for US and international clients.

Clients also rely on Bill for IP litigation and his resourcefulness in settling disputes. In addition to favorable settlements driven by “a truly impressive array of technology law expertise” (World’s 250 Leading Patent and Technology Lawyers), he led a team that won a patent litigation victory for a health care client at the Court of Appeals for the Federal Circuit and won a leading patent case on summary judgment. He serves as an advocate in arbitration and as an arbitrator. He was appointed to the 2017 invitation-only, peer-vetted “List of the World’s Leading Technology Neutrals.” The List is administered by the Silicon Valley Arbitration and Mediation Center.

Bill founded and chairs PLI’s annual Health Care IT Conference, founded and co-chairs PLI’s annual Outsourcing Conference and speaks on Health Care IT at American Health Lawyer Association conferences, on IP Licensing and IT at PLI’s annual IP Law Institute and on data licensing at the World Enterprise Data/CDOvision Conferences. He is frequently invited to speak on cybersecurity, outsourcing and cloud services at other industry and legal conferences, including as a keynote speaker on “Data & Informatics” at a leading industry outsourcing conference.