Foley & Lardner LLP
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Information Technology & Outsourcing


With deep business experience and advanced technical backgrounds, the attorneys of Foley effectively assist clients in developing and implementing their information technology and outsourcing initiatives.

Our national Information Technology & Outsourcing Practice attorneys represent a wide array of clients in virtually all areas of the global economy. We have a depth of experience in all aspects of the procurement, development, and use of technology in business.

Experience and Knowledge to Achieve Your Business Objectives
Our attorneys' practical business experience and technical knowledge provide them with the understanding required to guide our clients through the process of purchasing and implementing complicated information systems and business partner relationships to achieve their business objectives, including outsourcing, Enterprise Resource Planning (ERP), Customer Relationship Management (CRM), financial knowledge management, and technology infrastructure systems. We work closely with each client's in-house team and technical consultants to articulate the organization's business objectives, clearly define all contract terms, negotiate meaningful warranties and remedies, and minimize hidden technology costs and risks.

For our clients that create, sell, or license technology, we understand the value of their intellectual property (IP) and how to both protect and leverage those assets. Our knowledge of licensing, outsourcing, patents, professional service, maintenance and support, and related transactions, from both the vendor and user perspectives, enables our attorneys to effectively negotiate “custom” transactions, and to advise on improvements to existing “standard” agreements. We also understand the technology sales process and methods vendors can use to shorten their time to sale and reduce transaction costs.

We also utilize our internal best practice tools to effectively and efficiently assist clients in the development of policies and procedures that address legal risks and operational issues that arise from the use of technology in the workplace, including policies on employee technology use (including e-mail and Internet use), security, and privacy and confidentiality.

Tackling Your Acquisition and Implementation Issues
The acquisition and implementation of information systems raise numerous contractual and legal concerns, particularly when the technology serves multiple facilities. Acquisition issues include vendor representations on system performance and integration; ownership of custom programming; acceptance testing; scope of warranties; vendor liability, indemnification, and insurance; and remedies for varying degrees of breach of warranty or system failure.

Implementation issues include security; balancing the need for access to information with confidentiality requirements; antitrust compliance; disaster avoidance and recovery; and meeting regulatory, licensure, and accreditation requirements. Our experience is that the sooner legal counsel is engaged, the more satisfactorily these issues can be resolved.

Once acquisition negotiations are concluded, we help develop policies and procedures that address legal operational issues.

Industry Focus
Although our experience encompasses a broad spectrum of industries, we have also recognized and developed niche areas within particular industries to best serve our clients. Examples include, but are not limited to financial services (banking, insurance, brokerage), automotive (distribution), retail sales (data processing), health care (electronic medical records (EMR) systems, telemedicine, physician order systems (CPOE)), and energy (automated meter reading and infrastructure (AMR/AMI), customer information systems).

Trust in Our Outsourcing Experience
Our attorneys have created outsourcing relationships valued in the billions of dollars.

Completed transactions include total and selective outsourcing programs and outsourcing the following functions: network operations, desktop management, data centers, systems integration, legacy application production support, application operation, help desk, device procurement and maintenance, custom application development and maintenance, telecommunications and data transport, disaster recovery, Internet and e-commerce services, security, and business process outsourcing (i.e., billing, pension management, customer call centers and service, employee benefits management, training and development, materials management, and telemarketing and automated functions such as data processing, records management and automated meter reading).






Contacts
James R. Kalyvas
Chair


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