Derek J. Schaffner

Special Counsel


Derek Schaffner is a special counsel and transactional attorney with Foley & Lardner LLP. Mr. Schaffner counsels clients regarding legal and business issues associated with complex technology transactions and outsourcing engagements from the bid stage through contract execution, with a focus on cloud computing, data privacy, information technology sourcing, application development and maintenance, software and systems implementation, business process transactions, and licensing.

Mr. Schaffner’s representative information technology transactions include the outsourcing of IT infrastructure services and support, managed network services, network security services, application development & maintenance, and telecommunications services. His representative business process sourcing transactions include ERP deployments, the outsourcing of finance & accounting functions, human resource/employee services, and international employee relocation services.

Mr. Schaffner has also represented clients in custom software development agreements, technology and pharmaceutical licenses, end user license agreements, website development/terms of service agreements, and content/distribution agreements. He has represented clients in a variety of industries such as consumer products, financial services, telecommunications, health care, energy, and mining.

Prior to practicing law, Mr. Schaffner held senior management positions at Microsoft, Xerox, and Accenture.


Mr. Schaffner earned his law degree from Cornell University, where he served as the editor-in-chief for The Legal Information Institute ( and the Internet editor for the Cornell Journal of Law and Public Policy. Mr. Schaffner received a Bachelor of Science in industrial engineering and a Master of Business Administration with a concentration in corporate finance from the University at Buffalo. Mr. Schaffner also received a Master of Science in information technology from the University of Rochester.


Chambers USA 2014 named Mr. Schaffner an “Associate to Watch” in its “Nationwide: Outsourcing” category and stated "The support he offers on the most critical deals earns him the respect of clients, who give him ten out of ten."
Chambers USA 2014 noted that Mr. Schaffner stood out to clients for "his breadth of both legal and technical expertise," which "surpasses all expectations." He was also named an “Associate to Watch” by Chambers USA 2012 & 2013 and clients have previously reported to Chambers that Derek “has clear and deep subject matter expertise and was able to leverage his industry knowledge to provide alternative approaches and anticipate and interpret the supplier's concerns."


Mr. Schaffner is admitted to practice in the District of Columbia, Maryland and New York.

Selected Publications and Presentations

  • Quoted in, “How to Contract for Outsourcing Agile Development CIO,” Business & Technology Sourcing, July 1, 2016
  • Author, “Agile Software Development Brings New Contracting Issues,” Law360, June 27, 2016
  • Author, “When Seller Contracts For IT On Behalf Of Acquisition,” Law360, 1 February 1, 2016
  • Quoted in, “6 Outsourcing Questions to Ask During an M&A,”, January 29, 2016
  • Presenter, “Contracting for Agile Software Development,” Sourcing Interest Group Global Summit, March 2017