Relevant Renogotiation Experience
David has represented both providers and customers in dozens of renegotiations of outsourcing relationships, including the following: Represented a leading global services provider in the renegotiation of its major global IT outsourcing transaction with a leading global equipment manufacturer. The renegotiation of the relationship, which involved a complete restructuring of the transaction, occurred simultaneously with a lawsuit in which both parties had claimed the other had breached its obligations under the original arrangement. The contract was ultimately renegotiated and the relationship was salvaged and became successful. Represented a services provider in a “forensic” examination of its multi-billion dollar network management agreement with a financial services institution, including scoping, delivery, costing and pricing reviews. The relationship was adjusted through several major contractual modifications and ultimately returned to profitability for the provider with the customer receiving enhanced services. Represented a national auto rental company in the complete renegotiation of its IT services relationship. As a result of significant changes in the customer’s market, including a change in the scope of services required, along with changes in the manner in which the outsourced services were being delivered, the parties determined that if renegotiation was not possible the agreement would be terminated in a “friendly” fashion. The parties have successfully concluded a restructuring of the relationship.