Pierce Atwood is the go-to firm for sophisticated purchasers of outsourced services, information systems and technology. We are a trusted advisor to a number of large financial services and insurance companies, including several members of the Fortune 500, because we understand the complex regulatory landscape such organizations must navigate, including state-based regulatory frameworks and expanding federal regulatory overlay in the form of Gramm-Leach-Bliley, Dodd-Frank, HIPAA and the Affordable Care Act.
Straddling the firm’s IP & Technology and Business groups, our team combines strong, substantive drafting and negotiation skills with a collaborative, team culture and a practical focus on getting the deal done in the most efficient and effective way possible. We have experience negotiating with a broad range of leading national and international services vendors in connection with all manner of contracts, including:
- Software and Technology Licensing
- Print-Mail Services
- Call Center Operations and Management
- Correspondent Banking Services
- Clearing Services
- Staff Augmentation
- Sponsorship and Endorsement Services
- Facilities Management Services
- Manufacturing and Supply Services
- Consulting Services Agreements
- Data License Agreements
- Marketing Services Agreements
- Multi-level Master or Enterprise Services Agreements
Unlike other firms, we also combine this broad experience with a unique emphasis on negotiation strategy and transaction project management.
Areas of Expertise
Experience with Vendors
The Pierce Atwood Enterprise Procurement team has extensive experience negotiating with product and service vendors on behalf of sophisticated purchasers in the financial services, insurance, biotechnology, and health care industries. In addition, although the majority of our Enterprise Procurement practice is dedicated to assisting clients who are acquiring technology and services from vendors, we also have a robust and sophisticated practice representing software companies and other vendors. In our experience, this knowledge and understanding of the vendor perspective is invaluable in negotiating difficult contract issues. This full perspective also enables us to foresee likely objections by these vendors and create solutions that work for both parties.
Experience with Vendors Experience
Our attorneys are trained in and practice a form of interest-based negotiation. In our experience, interest-based strategies and methods consistently produce more favorable outcomes with lower transaction costs than more typical positional bargaining. Our training gives us strong across-the-table skills that enable us to effectively identify and crystallize issues, overcome impasse, and create value for our clients. In addition, we are adept at assessing and advising on structural leverage and other areas of negotiation power to help our clients get the best deal possible. As an additional service, we regularly offer negotiation training for in-house counsel and business teams upon request.
Transaction Project Management
Based on decades of combined experience and practice, our transactional attorneys have developed a toolkit and methodologies designed to streamline and simplify the negotiation process. Our transactions toolkit is customized to meet the client’s needs and fit the particular transaction, but typically includes:
- Kick-off and development of transaction project roadmap, including timelines, milestones and deadlines, business objectives, team and roles, and legal requirements
- Preliminary review of contract documents and generation of high-level issues document
- Identification of client interests, contract priorities, options and alternatives
- Maintenance of issues tracker to monitor open and resolved issues in a simplified and easily-accessible format
- Executed contract summary to facilitate vendor contract management (including key provisions, termination/renewal deadlines, notice obligations, etc.).