Continuing Legal Education

TELESEMINAR: Outsourcing Agreements: Structuring and Drafting Issues – A National Perspective

August 22, 2013
12:00 – 1:00 p.m.
1.00 MCLE hours


As companies continue to try to focus on their core competencies, make the most of their resources, and cut costs, they turn increasingly to outsourcing key functions to third parties.  Outsourcing can involve sales functions, customer service, or business processes like IT. The attraction of outsourcing – better performance at lower costs – obscures the complexity of the underlying agreements. The draftsman must consider not only the scope of services to be performed today but how the services may change over time and what that means for pricing or fees, liability and the allocation of risk. Attorneys must also consider how performance is measured or standards satisfied and ultimately how to exit a contact if need arises. This program will provide you with a framework for understanding the types of outsourcing agreements and a guide to their most highly negotiated provisions. 


  • Types of outsourcing agreements and how they are used for sales, business process/IT, customer service functions
  • Scope of services, redefinition over time, exchange of information among parties
  • Pricing and fees for services
  • Performance benchmarks, service level standards, and audits
  • Liability, allocation of risk, and indemnity
  • Termination of the agreement and exit strategies


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Program Speaker:
Raymond W. Bertrand
, Paul Hastings LLP, California


Raymond W. Bertrand is a partner in the San Diego office of Paul Hastings LLP, where he represents employers in a wide range of employment matters.  His litigation practice includes wage and hour, discrimination, harassment, retaliation, leaves of absence, contract disputes, wrongful discharge, whistleblower, trade secrets and other types of employment-related matters. In the wage and hour context, he also represents clients before the U.S. Department of Labor and state regulators. He also authors the wage and hour section of Matthew Bender’s “California Labor & Employment Bulletin” and has authored various articles on wage and hour matters.  Mr. Bertrand received his B.A. from State University of New York Binghamton and his J.D. from Albany Law School.