In our outsourced economy, good vendor management is often the key to good information management. Nelson Mullins' Information Management practice has a group of attorneys dedicated to representing clients in strategic commercial transactions such as outsourcing, licensing, procurement and logistics.
All of the other focal areas of our information management practice come into play in our work with vendors; thus, we work with clients to negotiate and implement consistent privacy, data security, preservation, production, records management, and "going electronic" provisions in their agreements with third party vendors. Such provisions play a role in sourcing transactions across the enterprise, including HR, IT, procurement, accounting, facilities management, collections, and supply chain functions.
To anticipate threats, we focus on understanding the nature of the data involved in the transaction, points of data exchange and sharing within vendor systems, and any interdependencies with other vendors. We work closely with our clients to design policies, procedures, change control provisions, service level agreements, reporting, audit rights, insurance requirements, and performance scorecards that are focused on achieving consistency in information management, compliance and stated business objectives, yet are realistic and practical in approach. We have experience dealing with offshoring transactions involving cross-border transfers of sensitive data, different balancing of privacy, and compliance interests and different expectations for records and e-discovery.
We also represent providers of outsourced services. Our representation often begins with the RFP process and continues through implementation and administration to assist in the benchmarking and service compliance process. Finally, we represent clients in terminating and restructuring outsourcing relationships, transitioning services between vendors, and in the process of in-sourcing previously outsourced services, in each case with a comprehensive view of the controls necessary for overall vendor and information management.