HunterMaclean’s Information Technology and Outsourcing Practice Group provides unique value to clients through:

Extensive experience negotiating with vendors
We have negotiated with many of the vendors in the IT and outsourcing space numerous times, which provides invaluable insight in contract negotiations.

Technical and legal knowledge
Software and hardware contracts must have particular provisions to require that licensed or purchased technology is properly designed, installed, tested, and maintained so that it functions appropriately.  They also require particular warranties that provide meaningful remedies, and disentanglement provisions to govern the transition when the contract expires or terminates.  Similarly, IT and outsourcing services contracts must have particular provisions to require that the services are properly performed by qualified personnel in accordance with specified service levels.

Practical business experience
Each of our attorneys had practical, technology-focused business experience prior to attending law school, such as experience in software development, management of IT systems, engineering, cable television, and telecommunications.  Some of our attorneys also have MBAs and experience as in-house counsel.

We work closely with our clients at the earliest possible stage, often in the development of a request for proposal, to understand and help develop their priorities.  We then use our extensive experience in negotiating with specific vendors, our technical and legal knowledge, and our practical business experience to achieve our clients’ priorities through effective and efficient contract negotiations.

HunterMaclean’s Information Technology and Outsourcing Practice Group helps its clients by assisting them in:

• Hardware purchase and leasing, such as purchasing wired and wireless networks that support not only traditional network functions, but also VoIP, HDIPTV, teleconferencing, and real-time location systems;
• Software licensing, including licensing of enterprise resource planning (ERP), commercial relationship management (CRM), electronic health record (EHR), business intelligence (BI), electronic content management (ECM) systems;
• Procurement of backup and disaster recovery (DR) and network security services, along with associated design and maintenance and support services;
• Procurement of security systems and controls;
• Procurement of website hosting and development services;
• Procurement of e-commerce related services, including in-bound and out-bound technology transfers, content licensing, co-branding and strategic alliance agreements;
• Procurement of IT and business process outsourcing services (e.g., outsourcing of call centers, bill printing, remittance processing services, and back office work).
• Development of website terms and conditions;
• Development of privacy and security policies and standards;
• Development of legal and regulatory compliance programs; and
• Advising with regard to security breaches and related notification requirements.

Representative health care technology matters:

• $300M agreement whereby electronic medical record technology is supplied to regional health care providers
• $80M expansion of a software license, and establishment of a hosted services arrangement, for an electronic medical records system on behalf of a large integrated health care delivery network in the Midwest 
• $68M software licensing and implementation services agreement for electronic health record system of a complex, multi-hospital health system 
• $67M licensing and implementation of health information system of major health care vendor for multi-entity academic hospital medical center 
• $35M licensing and implementation of health information system of major vendor by large private hospital system
• $29M licensing and implementation of health information system of major vendor for large metropolitan county hospital
• $27M licensing and implementation of enterprise-wide heath information system (designed to meet the requirements for “meaningful use” of CCHIT-certified electronic medical records (EMR) technology) for a regional hospital system in the Southeast 
• $25M licensing and implementation of health information system for a large, multi-entity hospital chain 
• $15M procurement of health information system by one of the largest networks of community health care centers in the United States
• $15M procurement of information technology infrastructure (network, unified voice communications system, security, real time location system) to support large new hospital in major metropolitan area
• $9M licensing and implementation of an electronic health record system by an academic medical center in a major metropolitan area
• $9M exclusive license of advanced bio-informatics software
• $8M licensing and implementation of a transformational, hospital-wide health information system for multi-entity hospital group 
• $7M acquisition of hospital-wide health information system, as well as server co-location and outsourcing services project, for one of the nation’s top pediatric hospitals 
• $3.5M licensing and implementation of a state-of-the-art, 3D-capable, picture archiving and communication system (PACS) to store and serve medical images for the radiology department of an academic medical center in a major metropolitan area
• $3M licensing and implementation of an in-house pharmacy automation system for a major Southeastern regional hospital
• Licensing of medical performance analysis/management software by one of the nation's leading pediatric hospitals
• Licensing of electronic health record software for large federally qualified health care center operating agencies that provide health care and social services to large urban neighborhoods
• Review of applicability of Stark 85/15 rule to various EMR acquisitions
• Drafting and negotiating the various agreements associated with a RHIO being implemented in the Northeast, including software licenses and services agreements, agreements with labs, hospitals, health plans and other data providers, and subscription agreements for use with individual physicians and physician groups
• Creation and negotiation of information sharing agreement between large academic medical institution and community health care center to allow interactive use of electronic health records by physicians serving both institutions
• Licensing of emergency department information systems and integrated software solutions for the critical and high-acuity care units, as well as surgery and anesthesia departments, of various large hospitals and integrated delivery networks (IDNs) for a leading health care technology company 
• Licensing and implementation of health information system for not-for-profit community hospital
• Licensing of electronic prescription software license by one of the largest networks of community health care centers in the United States
• Creation of form ASP agreement for the provision of billing systems to neurosurgery-focused physician practice groups by a leading service provider 
• Creation of laboratory services agreement for hospital group to use in making laboratory services, and related systems and software, available to individual physicians and independent physician groups 
• Procurement of managed firewall services for a health care client that develops, markets and supports leading-edge solutions for patient billing and online account management
• Licensing of software from leading clinical laboratory for Internet-based lab testing orders and reports that interact with electronic medical record software
• Negotiated agreement for deployment and operation of electronic health record connectivity through community health integration platform
• Licensing of software, and purchase of services, to create system for the clinical staff of a large hospital group to use in bidding on work shifts 

Representative outsourcing initiatives:

• $1.4B outsourcing of customer care and customer relationship management operations of a major wireless telecommunications firm
• $220M business process outsourcing agreement (including customer care, bill printing, remittance processing and back office work) for a large commercial and retail gas marketer
• $140M business process outsourcing agreement for a large retail gas provider 
• $40M outsourcing of customer care operations for a major retailer 
• $8M outsourcing of call center for major corporation
• $5M outsourcing of customer care operations of multi-state corporation
• Creation of form agreement for outsourcing of finance and accounting functions of a major retailer 
• Outsourcing of desktop services, database administration, server administration, help desk, voice and video technology, WAN and LAN services and applications development and maintenance services for multinational manufacturing company 
• Restructuring and consolidation of offshore IT outsourcing relationships, and various additional outsourcing engagements, for a major financial services company 
• Offshore outsourcing of business critical software development work for a well-known creator and distributor of social expression products to several different foreign firms 
• Outsourcing of directory assistance services and telemarketing/telesales services for a major wireless telecommunications firm to several different vendors 
• Negotiation of expansion of existing call center services outsourcing agreement for major energy marketer to cover additional states in different regions of the U.S.
• Renewal and expansion of a multi-year outsourcing agreement for back-office billing and remittance services of natural gas marketer
• Drafting of standard form outsourcing and co-sourcing agreements for major health care services provider and negotiation of agreements with initial customers 
• Outsourcing of software development and support services by multinational financial services company to vendors located in India and the Philippines 
• Lead negotiator for international outsourcing of call center operations for one of the largest U.S. retailers. Outsourcing involved simultaneous auction-styled negotiations with three different vendors.

Representative ERP transactions:

• $84M SAP integration project for a large metropolitan school district in the South 
• $55M SAP integration project with large, nationally recognized integrators for a leading wholesale industrial distribution firm
• $40M SAP integration project with for a leading distribution and retail company 
• $22M SAP integration project for a multinational utilities company, involving work in several different countries 
• $9.2M licensing and integration of CGI-AMS ERP system for a well-known county in a large western state 
• $9M licensing and integration of SAP ERP system for a well-known county in a large western state 
• $7.5M licensing and integration of SAP ERP system for a leading paints and coatings company 
• $5M licensing and integration of an ERP system, and related hosting services, for a utility company 
• $4M licensing, implementation and ongoing maintenance project involving second-tier ERP system for a large window manufacturer 
• Licensing and integration of PeopleSoft ERP systems for both a large metropolitan school district in the South and for a health care group procurement services company 
• Licensing and integration of an ERP system, and related hosting services, for a manufacturer of automobile parts 
• Ongoing advice to various clients regarding support and maintenance issues and agreements with several different ERP software vendors

Representative technology acquisition, licensing and distribution matters:

• $14M procurement of hardware and related services for nationwide utility company 
• $12.5M acquisition of technology and services by a large metropolitan county to establish county-wide, wireless video and data network to be used by first-responders in emergencies, by law enforcement personnel and for prevention of and response to terrorism 
• Procurement of distributed antenna system to support radio frequency communications in large new hospital in major metropolitan area
• Negotiation of various software licenses and implementation services agreements for operations of assisted living complexes
• Licensing of software to handle electronic member communications and relations for national, not-for-profit educational, research and professional society 
• Licensing of survey software by international professional services firm
• Licensing of investment and loan evaluation software for well-known investment firm
• Licensing of media player and advertising insertion software by software developer to a national cable television network for use in delivering content via the Internet 
• Evaluation of issues relating to open source code in various software licensing deals

Representative IT services engagements:

• $30M acquisition of professional services and technology by a large metropolitan county to establish county-wide, wireless video and data network to be used by first-responders in emergencies, by law enforcement personnel and for prevention of and response to terrorism 
• $15M acquisition of professional services by an academic medical center
• Negotiation of multi-year data center co-location and managed services agreement with full data-mirroring and disaster recovery capabilities for major metropolitan pediatric hospital
• Purchase of security-related services by a Fortune 500 company
• Procurement of firewall and security related services for large utility company
• Drafting of form marketing services agreement for a social networking marketing and advertising firm
• Drafting of standard form consulting services agreements for a variety of clients, from the perspective of the customers who are engaging service providers, and negotiation of these agreements in a wide variety of circumstances
• Creating standard form master consulting agreements, and negotiating various consulting engagements, for several different IT consulting services firms

Representative Internet and e-commerce transactions:

• Negotiation, what the Wall Street Journal reported was the largest Web hosting and development deal of that year, with nationally recognized vendor for leading wholesale industrial distribution firm 
• Drafting and negotiating agreements associated with formation and operation of an Internet portal that remains one of the busiest business-to-business e-commerce sites on the Web, including in-bound and out-bound technology transfers, content licensing, co-branding and strategic alliance agreements 
• Advising with respect to the design of processes and system to facilitate conducting of electronic transactions for a leading provider of technology solutions to automobile dealers 
• Negotiation of joint development and marketing agreement for hosting and delivery of professional examination preparation courses over the Internet for university in the Midwest 
• Drafting a joint development and marketing agreement for the development and delivery of home schooling products and services
• Represent regional restaurant chain in acquisition of Web design and Web site hosting services
• Preparing terms of use and privacy policies for websites of numerous clients in various different industries 
• Drafting form agreements and negotiating various data and user agreements for Internet provider of content and services regarding energy commodities trading, as well as for various other website operations
• Represent international heavy equipment manufacturer in trademark infringement (cybersquatting) matter

Representative matters relating to security, confidentiality, privacy and data protection:

• Assisting various clients to comply with security breach notification laws of multiple states following a security breach
• Advising various clients on the application of the FACTA Red Flags Rule and creation of a compliant identity theft prevention program 
• Assisting a premier hospitality company with payment card industry (PCI) compliance monitoring and reporting efforts 
• Counseling numerous clients with regard to unauthorized disclosures of confidential information via the Internet and other breaches of confidentiality and security incidents, including those arising in a large outsourcing relationship 
• Advising client with large Internet e-commerce portal with regard to security and confidentiality concerns relating to Web crawlers, bots and other forms of automated website access and with regard to data encryption requirements and recommendations 
• Drafting privacy and security policies for websites of numerous clients in various industries, including policies for complex, e-commerce-enabled websites, and for intranets and extranets 
• Advising leading provider of technology solutions to automobile dealers, and a financial services company, with regard to data encryption requirements and other security and confidentiality issues relating to electronic transactions conducted over the Internet 
• Negotiating multi-million dollar secure access control agreement for state-of-the-art protection of facilities and systems of leading wholesale industrial distribution firm 
• Negotiating agreements for security penetration/intrusion detection testing and analysis by nationally recognized consulting/accounting firm for leading wholesale industrial distribution firm 
• Negotiating agreement for procurement of managed firewall services for a health care client that develops, markets and supports leading-edge solutions for patient billing and online account management 
• Advising various clients with regard to disaster recovery and data backup concerns and requirements in a broad array of different types of technology-related deals 
• Drafting standard form confidentiality, nondisclosure and intellectual property rights assignment agreements for use by various clients in different industries with their employees, subcontractors and service providers 
• Creating internal security and confidentiality policies and procedures for large health care enterprise, as well as for various other clients 
• Developing HIPAA and HITECH compliance strategies for large health care enterprise with various different hospitals, nursing homes and other health care business units, as well as for numerous other clients in the health care industry, both health care providers and service providers 
• Advising financial services company with regard to compliance with Gramm-Leach-Bliley Act and other regulatory requirements relating to information submitted electronically by website users and others 
• Counseling software vendors, service providers and customers with regard to compliance with U.S. export regulations 
• Advising clients with regard to CAN-SPAM compliance