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Outsourcing 2018: ITO, BPO and Cloud


Speaker(s): Barbara Murphy Melby, Brad L. Peterson, Bradley Slattery, David M. Ross, Douglas Plotkin, George Kimball, Janis M. Meyer, John F. Delaney, Joshua Ashley Klayman, Lei Shen, Michael S. Mensik, Mihaela Craciun, Peter R. George, Philip Borders, Robert M. Finkel, Shawnna M. Hoffman-Childress, Sushant Mehta, William A. Tanenbaum
Recorded on: Nov. 1, 2018
PLI Program #: 219835

Brad Peterson is a co-chair of PLI’s outsourcing program in Chicago and leads the Technology Transactions practice at Mayer Brown.  His practice focuses on outsourcing, data, digital services, and software transactions.

Brad has been ranked as a Band 1 individual for several years in both Chambers Global (Global – US Outsourcing category) and Chambers USA (Illinois Technology and the National Outsourcing categories) (“the gold standard of legal advisers on IT outsourcing and contracts”).  Best Lawyers named Brad as the Information Technology Law "Lawyer of the Year" for Chicago" for 2017.   Legal 500 has for several years named Brad as a Leading Lawyer ("singled out for praise“).

Brad earned an MBA from the University of Chicago Graduate School of Business and a JD from Harvard Law School. Prior to law school, he worked for years as a computer programmer and an IBM Marketing Representative.


George Kimball is a member of the outsourcing and technology practice at Wiggin and Dana LLP.

Before joining his present firm, he was an Associate General Counsel at HP, where his responsibilities included negotiation of major outsourcing engagements; teaching, training and practice tools for HP lawyers, sales executives and account executives; and legal support for cloud and security businesses.

Earlier in his career, he spent more than 30 years in private practice in California, including partnerships at Latham & Watkins, Arnold & Porter, Baker & McKenzie and a Los Angeles technology boutique, Kimball & Weiner LLP.

Since the early 1990s, he has advised clients concerning contracts to outsource information technology and business processes in a wide range of industries. He is author of Outsourcing Agreements: A Practical Guide (Oxford 2010). He has been ranked as a leading outsourcing lawyer by Chambers Global, Chambers USA and Legal 500.

A native of Southern California and resident of Ann Arbor, Michigan, George is a graduate of UCLA, University College London and the University of Michigan Law School, where he teaches as an adjunct lecturer. He is a member of the Bar in California, Michigan and New York and has been admitted to practice before the US Supreme Court.


Janis Meyer is a partner at Hinshaw & Culbertson LLP where she focuses her practice on professional responsibility, risk management and professional liability law, with particular emphasis on attorneys and law firms. Having served as the general counsel of a global firm, Ms. Meyer is familiar with a broad spectrum of professional liability, human resource, and other risk management issues arising in law firms. During her career, Ms. Meyer has also represented and advised clients in a variety of industries, including banking, financial products and insurance.

Professional Background

Prior to joining Hinshaw & Culbertson in January 2015, Ms. Meyer was a partner and the General Counsel of Dewey & LeBoeuf and its predecessor, Dewey Ballantine. She was also a member of the two-person wind-down committee that oversaw Dewey & LeBoeuf's bankruptcy filing in 2012 and the subsequent wind-down of the firm.

Ms. Meyer is a Special Professor of Law at The Maurice A. Deane School of Law at Hofstra University where she teaches "The Nuts & Bolts of Lawyering" and Legal Ethics. Ms. Meyer clerked for the Honorable George C. Pratt in the United States District Court for the Eastern District of New York and the United States Court of Appeals for the Second Circuit.

Professional Affiliations

  • Law360, Legal Ethics Editorial Advisory Board, 2016, 2017
  • New York City Bar Association, Professional Ethics Committee (2014-present)
  • New York City Bar Association, Committee on Recruitment and Retention of Lawyers (1993-2011), Chair (2007-2011)

Ms. Meyer has written numerous articles and is a frequent speaker at bar association and industry conferences on issues of professional responsibility, law firm risk management, diversity, women in the law, and the role of law firm general counsel.


Robert M. Finkel
Partner

Robert Finkel is a partner in the Corporate Practice Group and a member of the FinTech Group. Mr. Finkel has more than 20 years of experience in private practice representing leading international corporations and financial institutions in complex commercial transactions with a particular focus on technology and outsourcing. Over the course of his career, he has represented clients in over 100 major outsourcing transactions, across a wide variety of industries and types of transactions.

Mr. Finkel has for many years been a Band 1 Chambers Global and Chambers USA ranked lawyer in the areas of Outsourcing (Global and Nationwide) and Technology (New York). He is one of only a handful of lawyers worldwide to have a Band 1 ranking in the Chambers Global USA and Chambers USA Nationwide and New York categories. Mr. Finkel is widely regarded by outside observers as being one of the leaders in the profession and has been described "as an impressively active practitioner with a sense of gravitas" and one "who gives excellent strategic, business-focused advice." In addition, his "understanding of our company and the nuances of our business is magnificent," commented a client in 2013 for a major legal directory publication.

Practice

Mr. Finkel has extensive knowledge in structuring and negotiating outsourcing transactions and other complex technology and service arrangements. Mr. Finkel’s practice also encompasses mergers and acquisitions, joint ventures and strategic alliances, and software and technology licensing. His clients have included many of the leading domestic and international corporations and financial institutions. Mr. Finkel has published on a broad range of corporate, outsourcing and technology issues in such publications as the M&A Lawyer, the Computer Lawyer, Cyberspace Lawyer, the Journal of Internet Law, Intellectual Property Today, E-Commerce Adviser, Global eCommerce, Director’s Monthly and the National Law Journal, among others.

Honors & Awards

Consistently recognized as a Band 1 ranked attorney by Chambers USA: America's Leading Lawyers for Business for his nationwide outsourcing and New York technology and outsourcing practices

Ranked in Band 1 for outsourcing by Chambers Global: The World's Leading Lawyers for Business 2012, 2013 and 2014, which desribed him as "a leader in the outsourcing industry [who is] enormously respected." A source was also quoted saying "his understanding of our company and the nuances of our business is magnificent."

Recognized as a "fantastic outsourcing lawyer" by The Legal 500 US in the technology: outsourcing category. In the 2013 edition, a source stated that "he is very knowledgeable and always achieves an appropriate balance between legal requirements and business drivers."

Consistently ranked by Who’s Who in American Law for his technology and outsourcing practice

Named by LawDragon as one of the leading lawyers in the US, and recognized as an elite leading lawyer by LawDragon 3000 (previously known as ‘The Finalist’)

Recognized by Euromoney as one of the leading lawyers in both IT and media

Chosen by peers and through independent research as a "New York Super Lawyer" from 2006 through 2013

Professional Activities

Mr. Finkel is a recent member of the Stanford Law School Board of Visitors. He is an adjunct professor at New York Law School, where for the past several years he has instructed an advanced seminar course on Corporate Governance. Prior to attending law school, Mr. Finkel served as an aide to the late United States Senator from New York, Daniel Patrick Moynihan.

Practice Area

  • Transactional
    • Corporate
    • Technology Transactions and Licensing
    • Outsourcing

Education

JD, Stanford University, 1987
MA, International Affairs, Columbia University, 1988
BA, magna cum laude, University of Pennsylvania, 1981

Bar Admissions

New York


John Delaney advises clients ranging from startups to FORTUNE 500 companies on licensing, intellectual property and technology-related matters. John’s experience includes negotiating complex IT and business process outsourcing contracts and service level agreements, joint ventures, software and content development agreements and licenses and similar transactions. John routinely advises clients on matters relating to social media, mobile apps, cloud computing, AI, big data analytics, smart contracts, blockchain and other emerging technologies. 

John also assists clients in identifying online liability issues and developing risk-reduction strategies, including in connection with data scraping, online marketing campaigns, user-generated content, voice platforms and interactive products and services.   

In the media space, John has extensive experience with the licensing of music, TV, film and other content for transmitting, streaming or downloading through traditional distribution channels and online platforms. 

In the social media space, John is highly knowledgeable of the rapidly evolving law of social media, social influencers and interactive marketing. He drafts and helps implement social media policies and guidelines, advises on compliance with the Digital Millennium Copyright Act (DMCA) and Communications Decency Act (CDA) safe harbors, and assists with online tracking and issues in connection with corporate blogs, third-party social media platforms and mobile applications.

John is a frequent author, blogger and lecturer on technology and intellectual property law developments.


Joshua Ashley Klayman is one of the best known Blockchain and Cryptocurrency lawyers in the world. Recognized by Chambers and Partners as one of the top 12 Blockchain and Cryptocurrency lawyers globally, Joshua is the Managing Member of Klayman LLC, a boutique blockchain law firm based in New York, and the CEO of Inflection Point Blockchain Advisors, LLC, a blockchain consulting firm.  Previously, she co-founded, and led for over two years, a prestigious global law firm's Blockchain + Smart Contracts Group, which included well over 70 lawyers worldwide. Joshua is the Chair of the prominent Wall Street Blockchain Alliance Legal Working Group and is a member of the global Wharton RegTech think tank. In addition, she has been appointed by the Delaware Secretary of State to serve on Delaware’s Blockchain Strategy Committee, founded the Blockchain Legislation Project and frequently speaks with regulators from around the world regarding Blockchain, Smart Contracts and Cryptocurrency matters.


Lei Shen is a partner in the Cybersecurity & Data Privacy and Technology Transactions practices in Mayer Brown’s Chicago office. Lei advises clients regarding a wide range of global data privacy and security issues. She advises companies on navigating and complying with state, federal, and international privacy regulations, including with regard to global data transfers, data breach notification, the EU General Data Protection Regulation (GDPR), the Children’s Online Privacy Protection Act (COPPA), CAN-SPAM, and more. She also advises on e-commerce issues, such as electronic contracting and signatures, and on issues concerning mobile privacy and emerging technologies, such as telematics services, Internet of Things, and big data.

Lei has extensive experience working with companies across many industries to develop privacy statements, terms of use, privacy policies and playbooks, and other internal and external policies and procedures to comply with privacy laws. She regularly negotiates data privacy and security provisions in vendor agreements. Lei has passed the Certified Information Privacy Professional/United States (CIPP/US) certification exam offered by the International Association of Privacy Professionals (IAPP).

Lei was named to Global Data Review’s “40 Under 40” list for top data lawyers from around the world.


Mr. George practices international commercial law and regularly advises clients, both on the buyer and supplier side, on domestic and multi-jurisdictional sourcing and supply transactions, and complex business services transactions involving procurement, human resources, finance and accounting and engineering services. Mr. George is a recognized leader in the areas of outsourcing, system design and implementation, licensing, cloud contracting, robotic process automation, Internet of Things and other disruptive technologies. He regularly advises clients on the issues these technologies raise, both domestically and from a global perspective. Mr. George also helps clients manage the complex intellectual property and data rights issues that these technologies raise.

Practice focus

Mr. George advises clients in the areas of cross-border and domestic sourcing and supply transactions, data and technology transfers and licensing transactions.

Representative clients, cases or matters

SaaS Agreements - Represented technology services provider with respect to international structure and drafting of template cloud contracting and storage services agreements.

Cloud Computing - Represented Fortune 50 medical products and pharmaceutical distribution company with respect to template SaaS contracts and playbook for reviewing and negotiating third party service provider contracts for cloud based solutions.

System Procurement and Implementation - Represented chemical company with respect to procurement and implementation of global enterprise resource planning system, including structuring pricing and liquidated damages provisions to align incentives of provider and client.

Digital Platform - Advised global energy company on regulatory compliance, privacy, security and contractual issues related to digital supply chain platform.

Education

Northwestern University School of Law (J.D., cum laude) (1997)

University of Michigan (B.A.) (1992)

Admission

Illinois~United States (1997)


William A. Tanenbaum is recognized as one of the Who’s Who Legal “Thought Leaders Global Elite” and is ranked in top tiers by ChambersLegal500Best Lawyers and Who’s Who Legal in technology, outsourcing, IP and data law.  Bill is a shareholder in the 40-lawyer Technology Transactions & Data Privacy Practice at Polsinelli, an AmLaw 100 firm with 850 lawyers in 22 cities.  He is the Practice Co-Chair of the Health Care Technology & Innovation Group, which is the second largest of its kind in the country.  Polsinelli was named as the 2018 Health Care Firm of the Year by US News & World Report, and its Health Care Practice is the largest in the country.  

Bill’s practice includes the Industrial Internet of Things, Body Area Networks, AI, Machine Learning, Natural Language Processing and data analytics, including data generated by networks of sensors and created by machines, as well as technology and IP transactions, and he leads teams that serve as IP counsel and as health care counsel in technology and M&A transactions.  Health Care is an early adopter of IoT and data analytics, and clients call upon Bill to use leading practices from that industry in other industries.  

Bill is a past President of the International Technology Law Association and was previously named as the IT Lawyer of the Year in New York by US News & World Report.  Clients and legal researchers find that “he has expertise in technology transactions that puts him at the very top tier of the market [and] he is a font of knowledge on creating new IT structures,” (Who’s Who Legal) and “that he brings extremely high integrity, a deep intellect, fearlessness and a practical, real-world mindset to every problem,” “provides savvy, zealous representation,” and understands the market and uses his expertise to help [clients] successfully navigate negotiations” (Chambers).  Bill is a graduate of Brown University (Phi Beta Kappa), Cornell Law School and the Bob Bondurant School of High Performance Driving.

 


DAVID M. ROSS is an assistant general counsel with the Intellectual Property and Global Technology Unit of the General Corporate Law Section at MetLife.  David’s responsibilities focus on global strategic IT issues including intercompany platform development and integration, IT security and cybersecurity, IT policies and standards, business and technology process migration, and telecommunications matters.  He also has extensive experience in negotiating complex third-party outsourcing agreements, as well as software licenses, data licenses, and other forms of vendor agreements.

He has been on the faculty of the Practicing Law Institute in prior years, was the founding chair of the Committee on Telecommunications Law of the Association of the Bar of the City of New York and also served as the Association’s Administrative Law Committee chair.

Prior to MetLife, David had various legal positions at Lehman Brothers, Guardian Life, Kramer, Levin and Fried, Frank.

David received his B.A. from the University of Illinois, an M.A. in political philosophy from McGill University in Montreal, Canada, and his J.D. from the NYU School of Law.


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.