Risk Allocation in Outsourcing

In this session, Stephen Nordhal and Bill Peters from Gibson, Dunn & Crutcher’s outsourcing practice discuss best practices and market trends in allocating risk in an outsourcing transaction.  In particular, this session examines how to identify the risks associated with a particular outsourcing transaction and how the liability structure and indemnities can be used to address these risks.  In addition, Mr. Nordhal and Mr. Peters explore other contractual remedies that may be available for a company if a vendor fails to provide the services or fails to meet the service levels, and best practices in allocating the rights and obligations related to compliance with law, force majeure events and business continuity.

Learning Objectives:

I.     Identify best practices and market trends in allocating risk

II.    Summarize risks associated with specific transactions

III.   Discover contractual remedies for failure to provide services