Stikeman Elliott
Outsourcing gives companies the freedom to concentrate on core competencies and brings an infusion of ideas and business methodologies to the table by facilitating the reallocation of valuable resources. Other benefits of outsourcing might include increased efficiencies, reduced operating costs and risk sharing with partnering companies.

To assist in the implementation of a sourcing strategy, a sourcing lawyer draws on legal expertise from mergers and acquisitions, contracting, finance, human resources, information technology, licensing, intellectual property, taxation, competition, privacy, government procurement and other disciplines. The sourcing lawyer needs to understand the importance of service level agreements, scope of services, governance, change management and other key drivers of the sourcing relationship. The balance between legal needs and practical requirements is also critical. Outsourcing agreements that are heavily in favour of one party can often lead to poor relationships. We understand the business reality that parties need to be partners to remain motivated over a long period of time.

Stikeman Elliott has a unique multi-disciplinary approach that helps clients navigate the challenges of large scale outsourcing projects. We have extensive experience in advising and representing our clients in the evaluation, structuring and negotiation of a wide range of commercial arrangements to support strategic sourcing, including all forms of joint ventures, strategic alliances and outsourcing arrangements. More particularly, our clients are able to benefit from:

  • Stikeman Elliott's leadership in the areas of mergers and acquisitions, corporate finance and other aspects relating to the transfers of assets and employees, including our proven record and ability to manage large scale transactions;
  • Our technical expertise, which has been a benefit to the operational functions of clients, ensuring expertly drafted service descriptions and efficient service level agreements;
  • Our dedication and commitment to continually increase our knowledge of all aspects of outsourcing, including requests for proposals, business models and performance measurements; and
  • Our extensive experience in representing or acting opposite major outsourcing organizations in Canada

In light of the current increased focus on offshore outsourcing, particularly out of the United Kingdom and the United States, Stikeman Elliott's experience on the ground in India and Asia uniquely qualifies us to assist in building strategies that identify and mitigate risk.

Multi-Industry Expertise

One of the most valuable resources available to the clients of Stikeman Elliott is the vast scope of the firm's business law offering. Our multi-disciplinary expertise allows us to provide customized, comprehensive services to address technology-related issues facing industries both inside and outside the "tech" sector. Our areas of experience include:

Banking and Securities Industries - Development of online banking and securities trading; the expansion of the Interac system and other data transfer facilities; and the evolution of virtual e-cash and related security protocols.

Health Management Industry - Documenting outsourcing arrangements and addressing the legal implications of the development of diagnostic, critical care and drug transfer systems in real time.

Insurance Industry - Development of corporate and industry databases to facilitate in real time the transfer of sales and policy data.

Privatization of Government Services - Domestic and international government privatizations, involving information technology including telecommunications and telephone systems and other ventures where licensing and other technology agreements are involved.

International Advisory Services - Identification and mitigation of transaction risks, the structuring and negotiation of project finance, the negotiation of host government assurances, including the drafting and negotiation of appropriate legislation and tax and customs regimes, and the drafting and negotiation of transaction documentation in countries in South America and the Caribbean, Central and Eastern Europe, South and South-East Asia, and Africa.

Related Practices
Key Contacts

Michel Gélinas
Kevin Kyte

Wesley R. Ng

Noordin S.K. Nanji 
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