Lee Rubin
Lee Rubin is a Partner in the Global Sourcing and Technology Transactions team at Pillsbury Winthrop Shaw Pittman LLP. He advises on a range of commercial transactions primarily technology and complex outsourcing arrangements. He regularly advises on high value sourcing deals, whether IT or business process outsourcing, providing strategic and practical advice. He acts for both suppliers and users, works closely with clients in the financial services sector, and has spent time on secondment to a major international bank working on its regulated outsourcing arrangements. He also has extensive experience advising on software development projects, and on cloud and 'as a service' arrangements, including on related data handling and privacy issues.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2010
Education
- University of Birmingham, BCom, Commerce
- University of Birmingham, LLB, Law
- College of Law, Postgraduate Diploma, Legal Practice Course
3 Contributions by Lee Rubin
PRACTICE NOTES
IT Outsourcing and Cloud Transactions: Key Contractual and Data Protection Risks, Negotiation Issues, Including Multi-sourcing, BCDR, Managed Services and AI
IT outsourcing
IT outsourcing refers to handing over information technology functions or services to an external supplier rather than running them internally. It spans numerous transaction models, each bringing its own risks and complexities. Contracts for every form of IT outsourcing need rigorous attention from customers, suppliers and their advisers to secure a fair outcome at signature and as the underlying technology advances throughout the term.
When executed well, outsourcing can cut the financial and staffing burden of day-to-day IT operations and infrastructure, freeing resources for higher-value strategic initiatives elsewhere in the business.
Entrust a supplier with full responsibility for a range of IT services;
Engage several suppliers to manage a complex element of the business; or
Retain selected services in-house while outsourcing specific components.
Drivers for outsourcing typically include boosting performance, reducing costs, and bringing greater standardisation to IT products and services...
TMT
PRACTICE NOTES
Subcontracting in Major Technology Services: Aligning Prime and Subcontracts - Due Diligence, Flow Down Obligations, Approval Rights, Data Protection and Charges
The prime/subcontractor model
To deliver a comprehensive IT portfolio to their clients, technology providers may engage additional specialist suppliers to bolster what they can supply. In such cases, the main provider is commonly called the prime contractor, while any third parties it appoints to perform elements of the contracted services are described as subcontractors. Under this model, the prime contractor remains contractually, financially and operationally responsible for delivering the services under its agreement with the customer (the prime contract), whether delivery is by itself or through a subcontractor. Accordingly, if a subcontractor’s act or omission causes a breach and loss ensues, the customer may (subject to the contract) pursue the prime contractor for the resulting damages arising from that default. For this reason, primes frequently seek to include a risk premium on top of the overhead and profit margin they apply to the subcontractor’s fees.
Choosing a subcontractor
Before selecting a subcontractor, note that the prime contractor still bears contractual, financial and operational responsibility under the prime contract, even when work is carried out by that subcontractor, and may therefore include overhead, profit margin and a risk premium in its pricing to the customer in light of that continuing exposure...
TMT
PRACTICE NOTES
UK data centre outsourcing: security, UK GDPR, FCA/PRA, service levels, business continuity and contracting
Practice Note
A data centre is a facility that accommodates computer and communications equipment. This Practice Note addresses the following key issues:
Security
Personal data
Technology
Service descriptions and service levels
Business continuity
Encryption
The supplier
Contracting issues
Ongoing management
Data centre service models
Data centre services can be delivered through different approaches, summarised at a high level:
co-location service — allows the customer to lease space in the data centre while the supplier provides the environment for the customer’s own servers. The supplier also supplies essential supporting services: safeguarding the data centre and the leased area, delivering power, and regulating humidity and temperature across the facility. The footprint may range from a single shelf in a rack, through a dedicated room or cage, to an entire floor and/or building. Space can be pre-configured (often for rack space) or customised by the supplier to the customer’s needs
fully managed...
TMT
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