- have all been leaders in high profile professional practices and have deep skills in the commercial and contractual aspects of outsourcings and IT transactions
- excel in identifying the key deal points early and making sure they are advantageously covered
- want to work at the inception of transactions in order to help shape your plans and provide maximum value
- enjoy passing on knowledge and lessons learned from their experience
- welcome involvement in the on-going governance of your sourcing relationships
- are happy to do what is needed and no more, standing back to let clients do what they can – and want – to do themselves and
- like to see contracts through to conclusion, so we will be there to help if things get tough and are happy to help you monitor progress along the way.
- software development, licensing and maintenance
- outsourcings of a huge range of service lines, but with an emphasis on ITO and BPO and
- new business models from e-commerce, hosting and ASP to software as a service
Rex works mainly from the perspective of the purchaser of the software or service. He obtains real satisfaction from shaping transactions before contract signature and supporting the relationship after signature, helping customers to obtain the benefits they fairly expect. Before establishing Rumbo, Rex worked at the international law firm Eversheds LLP, where he was an equity partner from 1996 until he resigned to set up Rumbo, in 2011. His responsibilities at Eversheds included leading their IT and Outsourcing teams and their telecoms and intellectual property practices; he also led their London commercial contracts team for a number of years. Clients who Rex has worked with include a wide range of private sector entities, particularly banks, insurers, retailers and wholesalers, as well as a range of public sector bodies. Over the years Rex has also worked for smaller software houses and some of the larger outsourcing providers, which gives him a useful appreciation of both customer and supplier perspectives on deals. Transactions Rex has led include:
- a ten year outsourcing of application development, maintenance and systems operation for a UK retailer (including point of sale technologies); the transaction was unusual in that function point pricing applied
- a seven year deal for a natural resources company which outsourced the operation of all of its data centres, desktop computing and telecoms needs across more than 20 countries to an alliance of two suppliers. The transaction was signed by the client’s services company but the position of its international subsidiaries (which included joint ventures in which it held a minority stake) needed protection, without undermining the ability of the services company to manage everything, including disputes. The supply was also complex in that one supplier agreed to manage the other and effectively integrate the other’s services into its own
- the second generation outsource by a public body of its failing desktop services. The deal was complex because the incumbent provider did not cooperate and it was impossible to know precisely what (or which people) would be handed over to the new provider. The need to use the public procurement regime made matters more complex, threatening to derail a speedy transition to a new provider and giving the incumbent provider far greater insight into our client’s plans than would have been the case if the procurement rules had not applied
- a financial institution on the outsourcing of many of its middle office functions at a time when it was unusual to outsource those functions. Recovery of losses if service provision was poor was a key area
- advising a FTSE 100 company on the termination of a failing contract for development of an ERP system and its replacement with another contract with a new provider. The scale of both contracts was significant as over 60,000 people’s work was to be supported by the system in a wide range of countries. The hardest aspects revolved around opaque licensing terms and the results of a blue printing methodology which made achieving price and delivery certainty extremely difficult.
Rex has spoken regularly on issues relevant to IT and outsourcing deals. Examples are:
- chairing Eversheds’ annual outsourcing conference and presenting jointly with a client on issues that arise post signature, through an unusual interactive role play based on real life scenarios and
- presenting at both the National Outsourcing Association and the International Outsourcing Forum on exiting from outsourcings.
Rex is a member of the Society for Computers and Law and the UK’s National Outsourcing Association.
Caroline Churchill (previously Waite), Associate Director Caroline specialises in non-contentious commercial, technology and outsourcing transactions and works with customers and suppliers. She was formerly a European Partner in the London office of a US law firm. She has particular experience in cloud computing, software as a service, systems integration, data protection and privacy law matters. Caroline also has extensive experience in corporate support work involving multi-jurisdictional acquisitions and disposals, advising on IP and technology warranties and indemnities and transitional services arrangements. Caroline’s experience includes:
- representing a global communications provider in relation to the off-shore outsourcing of its financial and accounting systems;
- advising an electronic tolling company in relation to the design, development, implementation and maintenance of a trunk road tolling system for an EU member state worth in excess of €650 million;
- advising a world leader in storage, delivery and management of network data in relation to a range of technology outsourcing and cloud computing arrangements for its multinational customers, predominantly in the financial services sector;
- representing a global technology supplier in relation to a UK government agency’s outsourcing of its technology function in a deal worth in excess of £100 million;
- five in-house placements up to EMEA GC level for periods ranging from three to eleven months. These placements were in the BPO, technology consulting services, telecoms and pharmaceutical sectors;
- advising a UK train operating company in relation to the outsourcing of its key business processes including its station and rolling stock cleaning contracts, buildings and car park management and track maintenance services. Caroline was also lead counsel in relation to the design, development, implementation and maintenance of that company’s front office and back office ticket issuing systems;
- provision of extensive data protection and privacy law advice to a number of global companies operating in the marketing, data analysis and diagnostic services, cosmetic, pharmaceutical, specialty chemicals and financial services sectors; and
- representing a leading US supplier of an open source software operating system in relation to its licensing regime and the supply of its support and maintenance services to customers in the UK and Europe.
Bruce Cairns, Associate Director Bruce has long experience of advising on technology transactions. He works for both suppliers and customers and has acted for all kinds of businesses, from some of the world’s leading technology companies to start-ups. The majority of Bruce’s work consists of complex and high value IT outsourcing and technology-focused projects. He has extensive experience of leading technology outsourcings and other IT deals, including managed services, software and hardware development, licensing and supply, web site development, data centres and print management. Bruce has specialist knowledge of open source software licensing and compliance issues, and provides pragmatic advice to all kinds of businesses on their open source usage and policies. He worked at Eversheds LLP for over 12 years, leaving in October 2013 to work with Rumbo, attracted by Rumbo’s view that transactions involving outsourcing or the acquisition of IT ought to be easier and that a wider range of skills and services from one business maximises the chances of successful deals. His experience includes:
- leading the team that advised on all of the IT agreements and IT contracting process in connection with the development of the Bullring shopping centre in Birmingham, which included project-managing the drafting and negotiation of a complex structure of interlinked IT contracts;
- advising a UK plc IT supplier in connection with the outsourcing by a financial institution of all its desktop IT and support;
- advising a listed insurance business on its managed services IT outsourcing;
- taking the lead ICT role in the team acting for the supplier in one of the biggest ever business process outsourcing deals in the financial services sector; the service centres on this deal were all off-shore;
- being the lawyer Eversheds chose to run Eversheds’ own large scale IT contracts, including the outsourcing of the majority of its IT systems in 2006 and 2011 and related complex transactions.
Bruce is commercial, pragmatic, clear and concise. He uses his experience to steer parties towards solutions, and this is greatly helped by the fact that he understands the perspective of customers and suppliers equally. His ability to manage detail well is unusual, in that he always put detail in the context of the bigger picture.
Chris Kip, Associate Director Chris has over 20 years’ experience in technology sourcing. He spent thirteen years at Accenture, holding various roles related to their alliance relationships and advising clients on technology procurement activities. For the past nine years Chris worked at Wolseley where he led their complex technology negotiations in North America and Europe, making significant savings by working closely with the senior leadership, business and legal teams to implement agreements that strengthened Wolseley’s contractual protection. He has led the product management, sourcing and inventory team in Wolseley’s UK business for 18 months with responsibility to manage 85 people and £1.4B of spend, delivering significant benefits for the business.
Chris’s ability to interact with and quickly win the trust of the senior management, business, IT and legal stakeholders was fundamental these successes.
His experience includes the tendering process for and negotiation of:
- data centre agreements
- wide area network contracts
- enterprise resource planning software licences and related hosting arrangements and maintenance agreements
- claims following software audits
- Microsoft Enterprise Agreements
- early exit from long term arrangements
- alliance arrangements in the technology sector
Chris brings a wealth of commercial expertise to Rumbo’s offering and insight into where value lies in the technology market.
Others? Coming soon!