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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 advises lawyers, law firms and corporate legal departments on professional responsibility, risk management and lawyer regulation. Having served as the general counsel of a global law firm, she is familiar with a broad spectrum of issues arising in law firms and assists clients on a variety of matters relating to law firm organization, management, policies, mergers and structure as well as the rules governing lawyer conduct. Janis was a partner and General Counsel of Dewey & LeBoeuf and its predecessor, Dewey Ballantine, and served as a member of the two-person wind-down committee that oversaw Dewey & LeBoeuf's bankruptcy filing and the subsequent wind-down of the firm.   She is a prolific speaker on ethics and risk management issues at conferences throughout the country, as well as the UK.  She has recently focused on the effect of the pandemic on the future of law practice. 

Janis is a Special Professor of Law at The Maurice A. Deane School of Law at Hofstra University, where she teaches "Legal Ethics" and a Lecturer in Law at Columbia University School of Law, where she teaches "Professional Responsibility." 

 


Joshua Ashley Klayman is the firm’s U.S. Head of Fintech and Head of Blockchain and Digital Assets. She is one of the best-known blockchain and cryptocurrency lawyers in the U.S. and globally, highly regarded for her extensive experience in, and deep knowledge of, blockchain, smart contracts, and cryptocurrency matters, including initial coin offerings (ICOs)/digital token offerings.

Josh has represented or consulted to global technology companies, token sellers, cryptocurrency exchanges and relayers; venture, hedge, and private equity funds and their portfolio companies; token marketers and broker-dealers; funds interested in trading digital assets; and major global investment banks, insurance companies, financial institutions and asset managers, among others.

By background, Josh is a finance and corporate lawyer. She spent over 10 years representing lenders and borrowers in leveraged finance and banking transactions and public and private organizations in a broad array of commercial transactions and corporate governance matters. Before joining Linklaters, Josh co-founded a blockchain and smart contracts group at a global law firm and set up her own boutique blockchain consultancy.


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.


Lei advises clients on a wide range of global data privacy issues and works collaboratively to develop practical privacy and data protection strategies for their products and services. She helps companies navigate and comply with state, federal and international privacy regulations, including the California Consumer Privacy Act (CCPA), the EU General Data Protection Regulation (GDPR), and upcoming state consumer data protection laws. She also advises on issues concerning emerging technologies, such as telematics, connected products and services, and big data.

Lei has extensive experience working with companies across many industries to develop internal and external privacy policies and programs, including global policies and programs for companies that operate in dozens of jurisdictions internationally. She also helps companies create privacy-related terms and playbooks for customer and vendor agreements.

Lei has been accredited by the International Association of Privacy Professionals (IAPP) as a Certified Information Privacy Professional/United States (CIPP/US) for over 10 years.She was named to Global Data Review’s “40 Under 40” list for top data lawyers from around the world. Lei frequently speaks and writes on data privacy-related topics.

Prior to joining Cooley, Lei was a partner at Mayer Brown. 


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)


Robert Finkel is a partner in the Corporate Practice Group, the Chair of the firm’s Outsourcing Practice and a member of the FinTech Group. Mr. Finkel has more 30 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 more than 100 major outsourcing transactions, across a wide variety of industries and types of transactions.

Mr. Finkel is consistently recognized by Chambers USA: America's Leading Lawyers for Business for his nationwide outsourcing and New York technology and outsourcing practices, and we was recognized as a "Leading Lawyer" in media, technology and telecoms outsourcing by The Legal 500 United States in 2019 and 2020. He was also named to the inaugural Legal 500 US Hall of Fame list in 2017. Mr. Finkel is widely regarded by outside observers as being one of the leaders in the profession.

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.

Mr. Finkel received a BA from the University of Pennsylvania, MA from Columbia and JD from Stanford University.

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.


William A. Tanenbaum is ranked in top tiers by Chambers: America’s Leading Lawyers for Business and in its Global Edition, Who's Who Legal, and Best Lawyers in America in technology, outsourcing, IP, AI and Data Law and recognized for his strength in healthcare technology.  He works closely with clients to bring actionable, industry-informed solutions to their business needs.

Bill has “expertise in technology transactions that puts him at the very top of the market” (Who's Who Legal) and "his technology approach and understanding of healthcare - his domain expertise - is a winning combination.” (Chambers)  According to Chambers, Bill “brings extremely high integrity, a deep intellect, fearlessness and a practical, real-world mindset to every problem.”  Bill is recognized as one of the “leading names” in AI and as a “go-to expert [on] data.” (Who's Who Legal/Global Data Review)  He was named as the “Lawyer of the Year” in IT in New York in 2013 by US News & World Report and one of the Top 30 IT lawyers in the U.S. (Best of the Best/Expert Legal Guide), and as one of the “IAM Strategy 300 - The World's Leading IP Strategists,” as an “IP Star” and as a “Life Sciences Star.” (Managing IP; LMG Life Sciences) Bill was President of the International Technology Association and is the Contributing Editor of the International Comparative Legal Guide to Digital Health 2020

Chambers also finds that Bill has a “solid national reputation,” “is a “prominent figure in technology and outsourcing,” “provides savvy representation,” and “uses his expertise to help [clients] successfully navigate negotiations.”  Bill also “has strong litigation experience” with patent victories in the Court of Appeals for the Federal Circuit (Who's Who Legal).  He was appointed by peer review to the “List of the World’s Leading Neutrals [Arbitrators]” and is Board Member of the Silicon Valley Arbitration and Mediation Center.  He is also a past Vice President of the Society for Information Management, an  industry CIO association (New York Chapter). 

Prior to joining Moses & Singer, Bill was the Chair of IP and Technology Transactions at a Wall Street firm, a partner in an international IP firm, and the Practice Co-Chair of Healthcare Technology Transactions at an Am Law 100 firm. 

 

 


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.