Technology Transactions & Regulatory Experience
Advising New York City on Large-Scale Communications Technology Sourcing
LB3 served as lead outside counsel to the City of New York’s Department of Information Technology and Telecommunications (“DoITT”) in structuring and negotiating two significant multi-year, multi-million dollar technology agreements:
- First, LB3 advised the City of New York in the development and negotiation of an agreement for a state of the art enhanced 911 public safety answering center and supporting communications infrastructure serviced by Verizon.
- Second, LB3, in cooperation with CTGi, advised DoITT and the City’s Law Department in the negotiation of agreements with Verizon and AT&T, obtaining market-leading terms and conditions to support the City’s purchase and use of critical data and voice services.
Structuring an International Bank’s Desktop as a Service Outsourcing Transaction
LB3 served as lead outside counsel to a major international bank in the bank’s global strategic sourcing of a desktop as a service (“DaaS”) solution. In assisting the bank in creating its DaaS solution, LB3, in conjunction with TC2, structured and then negotiated transactions with the lead systems integrator, as well as a collection of equipment manufacturers and software licensors to meet the client’s objectives of an agile, scalable and continually refreshed end-user compute environment, centralized and high-quality service desk experience, and kiosk-based self-service for frequently used computing devices and accessories, all while minimizing initial and committed capital expenditure.
Big 3 Automaker’s Adoption of Public Cloud Services
A major American automobile manufacturer engaged LB3 to advise on its adoption of public cloud services and to structure and negotiate its agreement with a large public cloud services provider. Serving as exclusive outside advisor and legal counsel, LB3 applied its extensive experience in cloud computing, managed services and communications to guide the client through the opportunities available with, as well as the risks and pitfalls inherent in, public cloud services.
Global Chemical Company's Multi-Year Enterprise License Agreement
LB3 was engaged to serve as lead counsel in structuring and negotiating a master business services agreement, enterprise agreements, and service enrollments with Microsoft for a Fortune 50 company. The transaction consisted of on-premises software, SaaS software, and Azure IaaS services.
Lead Counsel for Global Pharmaceutical Company's Custom Multi-Year Enterprise License Agreement
LB3 was engaged to structure and negotiate a global enterprise license and services agreement for a Fortune 50 company. Under the 5-year agreement, the client licensed a suite of security software products and services from Cisco Systems. The transaction consisted of on-premises software, software-as-a-service, managed services, hardware acquisition and professional services integrated into a new enterprise-wide security architecture.
Developing a Custom Software-as-a-Service Solution
LB3 lawyers not only advise others on custom software initiatives, we have first-hand experience outsourcing the development of custom cloud-based applications. Employing agile development principles and engaging off-shore software development resources, LB3 affiliate, Avenue4 LLC, recently completed a 9-month design, development and implementation project resulting in the successful launch of the first automated order-driven online digital asset trading platform in its industry. LB3 partner, Marc Lindsey, led the sourcing (commercial and legal), design, development and implementation of on-shore and off-shore teams.
Counseling a Major Media Company on its Private Cloud Outsourcing Transaction
LB3 advised the media company on a multi-million dollar transaction for the migration, hosting, management, and ongoing enhancement of its mission-critical human resource management system (HRMS) and identity and access management platform (IdAM). The successful, fast-track negotiation resulted from close cooperation and consultation between LB3 and the media company’s stakeholders, a hallmark of LB3’s client-focused approach to delivering efficient and cost-effective legal and technical expertise.
Following a competitive RFP process and rigorous evaluation of vendor capabilities, Media Company selected a leading Tier 1 supplier to take over the operation and management of its HRMS and IdAM environments.
Enabling a State's Pension Administration Modernization Project
DRS engaged LB3 as lead counsel (“SaaG”) to advise the State in connection with DRS’ project to transform and modernize Washington’s Pension Administration Modernization Solution (“PAM Solution”). In this role, LB3’s legal services spanned from RFP development to contract execution:
- In coordination with DRS and the Attorney General’s office, LB3 prepared, reviewed, and revised the service level framework, pricing structure, and key terms and conditions requirements for the RFP.
- LB3 assisted DRS with the evaluation and scoring of RFP responses, including reviewing and assessing each bidder’s proposal.
- LB3 prepared the master agreement draft and its key legal attachments for DRS’ contemplated PAM Solution transaction, including reviewing and advising on the technical, operational, and financial schedules and attachments to the agreement.
- Working collaboratively with DRS program leadership team and the Attorney General’s office, LB3 structured and negotiated the full set of contract documents with DRS’ preferred PAM solution bidder.
- After contract execution, LB3 has continued to counsel DRS on contract implementation issues and amendments to the original contract.
Counseling a Major U.S. Car Company Outsource Application Development and Support
A U.S. auto manufacturer engaged LB3 to lead the company through the global outsourcing of its application development, implementation and maintenance of staff and functions. LB3 worked with the client’s U.S.-based internal counsel and helped organize its global legal specialists to provide comprehensive coverage of all relevant legal issues. We successfully structured and negotiated two separate deals (including SoWs, SLAs and pricing schedules), formally linking the two systems integration vendors under a single governance structure.
Advising One of Nation's Largest Public Safety Agencies in Agreements for Advanced Public Safety Communications Infrastructure and Software Applications
LB3 advised the Las Vegas Metropolitan Police Department (“LVMPD”) in the development and negotiation of contracts to support its advanced radio infrastructure and computer-aided dispatch software applications provided by a major vendor and systems integrator to the public safety community. LB3 worked closely with LVMPD to develop a full set of contract documents that integrated strategic agency objectives with specific technical and legal requirements. LVMPD specifically requested LB3 bring best sourcing and negotiation practices from the private sector into this public agency procurement. Working closely with LVMPD, LB3 negotiated the terms and conditions of all components of the agreement on an accelerated timeframe and continued to provide ongoing support during LVMPD’s budget approval and reconciliation processes for the project.
Leading Negotiations in Support of the Development and Implementation of an E911 System
LB3 served as lead outside counsel to New York City’s Department of Information Technology and Telecommunications (“DoITT”) and its primary consultant in the development, negotiation and documentation of a comprehensive agreement for a state-of-the-art enhanced 911 (“E911”) telecommunications system. During this 13-month project, LB3 provided strategic advice regarding the agreement and its negotiation, and handled the vast majority of the drafting and negotiation of the major contract documents (including a Master Services Agreement, SoW, SLA framework and pricing schedules), both undertaken in close consultation with DoITT and the City’s Law Department.
Handling all Legal Aspects of a Global Transformation Outsourcing for a Fortune 50 Company
A Fortune 50 company engaged LB3 to assist with the multi-year transformation of its global information and communications network infrastructure and network services. As lead counsel for the project, we helped prepare the RFP for multiple project components, evaluated RFP responses, drafted contract documentation (including multiple templates) as well as structured and negotiated all of the agreements for the transformational end-state global solution involving multiple systems integrators and related service providers. The scope of the project consisted of strategic planning, contract drafting and negotiations with global providers spanning North America, EMEA, Asia and Latin America.
Transforming the Enterprise Communications Infrastructure of a Fortune 500 Global Freight and Logistics Company
LB3 advised the company during the outsourcing of its global enterprise communications infrastructure. LB3 led all aspects of the deal negotiations to successful conclusion and closing. The scope of the final 6-year, enterprise-wide agreement included management of the company’s data network services, wireless LAN network refresh (Wi-Fi), LAN management, voice and data equipment and software management and maintenance, IP address management, voice and data transport, managed security services, telecom expense management and the design, development, implementation and hosting of a new (transformative) unified communications platform. To satisfy the client’s primary objectives, LB3 negotiated a transaction framework that effectively balanced the conflicting goals of maximizing the client’s deal flexibility over the life of the contract, minimizing the client’s capital expenses and other up-front costs, and achieved a competitive total cost of ownership and return on investment.
Outsourcing of Guest Internet Access Business Processes and Related ICT Operations for a Global Hospitality Company
As lead counsel, LB3 enabled a global hospitality company to outsource the design, installation, operation and management of its guest-facing Wi-Fi local area network and related management systems and telecommunication network affecting all of its North American hotel properties. The deal included several novel elements, including an innovative hotspot and 3G offloading arrangement. Following on from this project, LB3 counseled the company on transactions for international Wi-Fi LAN management and deployment of a Wi-Fi enabled mobile application solution designed to enhance the guest experience at certain premium hotel properties.
Advising New York City on a Large-Scale Communications Technology Sourcing
LB3 advised the City of New York in structuring and negotiating new multi-year, multi-million dollar agreements with Verizon and AT&T. As lead counsel for the Department of Information Technology and Telecommunications (“DoITT”), LB3, in cooperation with CTGi, helped DoITT and the City’s Law Department obtain market-leading terms and conditions from Verizon and AT&T to support the City’s purchase and use of critical data and voice services.
Enforcement Bureau Action Against School District
LB3 assisted one of the country’s largest urban school districts when it was under investigation by the FCC’s Enforcement Bureau and the Universal Service Strike Force for alleged violations of E-Rate program rules. The Enforcement Bureau had terminated the district’s access to E-rate funds and was seeking fines, forfeitures, and funding clawbacks in excess of $100 million when the school district turned to LB3. Working with school district counsel, LB3’s lawyers helped to negotiate a final forfeiture amount that reduced the district’s forfeiture liability by more than 90%, with no clawback of funds already disbursed. LB3 also assisted in bringing the district’s procurement processes into compliance with the E-rate program rules, negotiating, crafting, and implementing interim and final compliance plans for school district personnel participating in the E-rate program and negotiating a final consent decree for the school district. As a result of LB3’s counsel, the school district is back in compliance with the E-rate program rules, and, most importantly, the school district’s students are once again benefiting from the Internet access and other services funded by the E-rate program.
Facilitating the OFM’s One Washington Business Transformation Project
As SaaG, LB3 served as lead contract negotiator for OFM in structuring its agreement with Workday to provide a Software-as-a-Service (“SaaS”)-based enterprise resource planning software solution (the “Workday ERP System”) to replace the State’s aging, bespoke, financial management, human resources, and budgeting legacy software applications.
In this role, we prepared, revised, and reviewed all contract documents throughout the negotiation process. After closing the Workday transaction, LB3 then led (to closure) OFM’s negotiations with Deloitte, which OFM selected to implement the Workday ERP System. LB3 has remained engaged by OFM to: (a) counsel OFM on contract disputes, amendments, and change orders involving both suppliers; and (b) train State personnel on their new ERP-related contracts. The Deloitte and Workday contracts include market-leading terms that appropriately allocate risk and responsibility and allow OFM to hold its suppliers accountable to successfully complete this mission-critical business transformation.
LB3 has worked closely with the Assistant Director of Legal & Legislative Affairs of OFM and OFM staff throughout this engagement to achieve OFM’s goals.