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Clifford Chance

Clifford Chance
Commercial Transactions & Outsourcing<br />

Commercial Transactions & Outsourcing

Clifford Chance’s Complex Commercial Transactions & Outsourcing (CCTO) group is an integrated team of transactional lawyers dedicated to:

  • Supporting our clients’ mission-critical arrangements with third party providers of services and technology-driven solutions;
  • Leading M&A-adjacent transactional activity (e.g., transition services and operations stand-up); and
  • Executing on revenue-generating agreements with customers and other third parties.

We hold decades of experience in IT and business process outsourcings, complex cloud arrangements, licensing transactions, core platform deals and other system integration matters. We work with clients through every stage of a deal, from developing objectives through negotiations and closing. We counsel on supplier management strategies and work with clients to resolve challenging scope, performance and financial disputes. 

The work we do is sector, client-type and jurisdiction agnostic. We typically represent customers of these transactions (buy side), but also have significant experience in representing service and tech providers (sell side).

Working with us, clients are empowered to undertake strategic operational initiatives to run their organizations more efficiently, transform their operations, and maximise savings and revenue.

We are recognised across the market globally, including by industry guides such as Chambers and Legal500.

What makes us different

We're one integrated global team

-With a team of 50+ lawyers worldwide, the group provides truly global reach with local insight, an invaluable combination for clients seeking sophisticated services and products in multiple jurisdictions.

-We bring together significant bench strength in the US, the UK, continental Europe, the Middle East and Asia Pacific.

-In the US, we have one of the largest strategic contracting practices among law firms.

Our approach to matters

We take a commercial and pragmatic view to balance risk and reward.

-We do not focus solely on a deal’s main legal terms.

-We take a 360-degree view of a transaction to ensure that it is sound with respect to scope, solution, performance standards and pricing. This delivers balanced deals (and relationships) for our clients that last.

-The team leverages emerging technologies and innovative practices to provide cutting-edge solutions, ensuring that our clients stay ahead in a competitive market.

How we collaborate

The CCTO Group collaborates seamlessly with practice areas across the Clifford Chance network to ensure that our clients receive the full spectrum of advice they need.

-Corporate and M&A – to support aspects of corporate deals involving transition services and other critical operational matters.

-Private Equity and Financial Investors – to assist with executing strategies to effectuate operational value creation activities at both the portfolio company and the investor/sponsor platform level.

-Regulatory and Advisory – to ensure our transactions meet our clients’ regulatory obligations, including for financial regulations, data protection and data privacy, cybersecurity and operational resilience, and tech regulations.

-Intellectual Property – to ensure IP rights are properly allocated in our deals.

-Litigation and Dispute Resolution – to address disputes and demands that sometimes arise between contracting parties.

We also maintain strong relationships with global regulatory bodies and US federal and state agencies, and collaborate closely with industry bodies, trade groups, consortia, and academic institutions.

Our thought leadership

We are widely respected thought leaders, regularly quoted in prominent national and international publications. Our attorneys invest in getting close to the detail, and periodically publish ground-breaking thought leadership pieces, briefings, and articles on hot topics.

Our experience and our work

The CCTO Group structures and negotiates the most important third-party transactions that enable and support mission-critical operations. These include:

Standalone transactions

  • IT and business process outsourcings;
  • Complex professional services arrangements;
  • Software licensing and core platform transactions;
  • Adoption of new technologies and processes (e.g., cloud and AI);
  • Revenue-generating sales agreements;
  • Telecom infrastructure and network deals, including co-location agreements;
  • Transactions to commercialize technology and data;
  • Product supply and distribution agreements; and
  • Bespoke commercial transactions.

Corporate event adjacent

We work alongside our Corporate group to address operational and contractual issues in the context of M&A activity such as:

  • Transition services agreements;
  • Carve outs (standup), separations and integrations;
  • Due diligence of key operational contracts; and
  • Long-term service and supply agreements core to the M&A business case.

Operational value creation for PE firms and financial investors

  • PE firms and their portfolio companies continually seek solutions to operate more efficiently, transform operations, and create value.
  • In response we have created a unique global offering that bundles our commercial contracting services to support operational value creation.
  • We are one of the only law firms that has created a solution tailored to the unique operational needs of PE firms and financial investors using attorneys dedicated to this type of work.

New Technologies, New Regulations and New Vulnerabilities: The Forces Changing Outsourcing in 2024

Although organisations have used outsourcing to drive innovation and efficiency for decades, the rapid evolution of new technologies, major shifts in the global regulatory landscape, and the need for digital resilience are requiring companies to fundamentally rethink their sourcing strategies. Lawyers, procurement specialists and business leaders must evolve their sourcing programmes to respond to the challenges and opportunities presented by these forces.

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