Contact Us
Unlock the power of legal expertise, get in touch now!
Contact Us
Overview
Kurdi & Co.'s Outsourcing is your trusted partner for every step of your outsourcing journey. From the inception of your project, where we help craft the initial Request for Proposal (RFP) and guide vendor selection, to the negotiation of comprehensive agreements and schedules, we offer cost-effective, customized solutions to meet your specific needs. Our ability to draw upon the extensive expertise within Kurdi & Co., both domestically and globally, means that we are always prepared to tackle any challenges that may arise during your transaction. Our experience spans a diverse spectrum of outsourcing transactions, ranging from the outsourcing of specific business processes to large-scale enterprise-wide outsourcing of software development and support. We have successfully served clients across a wide array of industries, including financial services, insurance, telecommunications, energy, consulting, travel, media, and publishing. What sets us apart is our unique perspective, having represented both vendors and customers in outsourcing deals. This dual vantage point allows us to negotiate agreements with a deep understanding of each party's position, facilitating smoother conflict resolution and providing invaluable guidance to our clients. Our core strength lies in our ability to seamlessly navigate the complex terrain of legal, business, and technological aspects within any outsourcing transaction. We engage in meaningful conversations with in-house legal teams, business leaders, and technology specialists, always with the goal of creative problem-solving and avoiding unnecessary legal complexity. Kurdi & Co. is well-equipped to handle offshore outsourcing transactions, including those involving foreign outsourcers or services delivered globally. Our international offices play a pivotal role in supporting these transactions and addressing any local legal issues that may arise. We tailor our approach to each outsourcing deal, taking into consideration factors such as the nature of the services being outsourced, the transaction timeline, and the distribution of responsibilities among Kurdi & Co., the client, and external consultants. Below, we outline the various functions we undertake in outsourcing transactions.
During the RFP stage, where clients often evaluate multiple potential outsourcers, we assist by creating legal templates that include proposed contractual terms. Bidders are typically required to indicate whether they agree to these terms or propose alternative positions. This approach provides clients with early insights into bidders' stances on key legal issues and the potential negotiation challenges. We also help clients manage the RFP process, including negotiations of confidentiality agreements, overseeing due diligence, and managing bid collection and organization. Our level of involvement in this stage depends on client and consultant resources.
Once a vendor is selected, we collaborate with the client to develop a strategic timeline for progressing from initial drafts to the final agreement's signing. This may involve coordinating document execution, transaction closure, and service transition. In some cases, it includes planning asset sales, addressing employee transition issues, and obtaining regulatory approvals. Our extensive experience in outsourcing transactions positions us to provide valuable insights during this critical phase. We also assist in identifying ancillary documents like service descriptions, and pricing schedules, assigning responsibilities for drafting and negotiation, and prioritizing tasks for efficiency. Our role can be adjusted based on client needs and interests.
Undoubtedly, our most substantial role in any transaction is the drafting and negotiation of the outsourcing agreement and related exhibits. We are flexible in our drafting approach, capable of working with a vendor's form or preparing the initial draft for our client. During negotiations, our role may vary depending on client resources. In some cases, we handle negotiations directly with business and technology stakeholders, while in others, we complement in-house counsel leading negotiations. Our strength lies in not limiting our contribution to legal documentation but also critically assessing the business plan, pricing methods, and technology plan to ensure alignment with the main agreement, reflect the client's intentions, and minimize risks. Clients often find this holistic review invaluable in securing the best possible deal.
Once the outsourcing agreement is ready for signature, we collaborate with the client to coordinate the transaction's closing. This could involve regulatory filings, overseeing the assignment or sublicensing of third-party agreements to the vendor, addressing employee transition issues, or preparing deal summaries for board approval. We ensure that all potential issues are addressed comprehensively. Importantly, our role doesn't conclude once the deal is signed. We maintain ongoing contact with clients to support agreement implementation and long-term success. Whether clients require advice on contract interpretation for new business models or technologies, or assistance with amendments or modifications to the original agreement, we remain a dependable resource.
Clients often engage us when terminating an outsourcing relationship, whether due to the agreement's expiration or early termination by either party. In some cases, clients seek to transition to a new vendor, while in others, they aim to bring services back in-house.
In all scenarios, we work closely with clients during the critical transition phase. We help establish the necessary foundation for transition, whether by facilitating the takeover of services by a new vendor or ensuring that the client has the required corporate and organizational structure for reacquiring outsourced services. We also assess the existing outsourcing contract to confirm each party's obligations and the client's compliance. If a transition plan is needed, we collaborate with clients to meet their business and technology needs. During the transition phase, we provide counsel on various issues, including employee acquisition (and related employment and benefits matters), tax planning, facilities transfer, asset acquisition, and the assignment of third-party vendor contracts. Our overarching goal is to ensure a seamless transition for our clients.
In cases where termination or transition leads to disputes, we are prepared to represent clients in litigation or arbitration. Kurdi & Co.'s litigation and arbitration possess extensive experience in handling service and technology-related disputes.
