Derek C Johnston

Practice Areas

Sourcing and technology

Career

Derek Johnston counsels public and privately-held companies around the world on technology, outsourcing and other strategic commercial transactions in the financial services, hospitality, healthcare, life sciences, consumer products, retail, energy and technology industries. Derek's practice includes serving as both a business and legal adviser to his clients in the following areas:

• Traditional and digital outsourcing, including complex global ITO, BPO, ADM, HRO/MSP and other outsourcing arrangements, as well as more conventional hybrid outsourcing arrangements that blend some combination of IT, cloud migration, BPO and ADM functions that are reflective of the cloud and automation driven modern digital economy. The scope of these transactions is often global, and the structure ranges from traditional outsourced services to captive shared services organizations, build/operate/transfers and joint ventures.

• Digital Transformation, including cloud computing and SaaS, IaaS, PaaS and other XaaS subscription and implementation and support arrangements; ERP and other strategic system subscription (or licensing) and implementation and support arrangements; cloud migrations (including mainframe and midrange to cloud migrations); e-commerce platform subscription (or licensing) and implementation and support arrangements; artificial intelligence, machine learning and big data technology and services arrangements and traditional software licensing, maintenance and development arrangements.

• Carve-out and acquisition-driven technology and strategic operational and commercial transactions and considerations that arise when decoupling and transitioning and/or replacing global systems and operations in connection with carve-outs and other acquisitions.

• Strategic technology and commercial disputes and workouts, including software/subscription audit preparation and defense, as well as scope, performance, pricing and other contractual disputes arising in connection with technology, outsourcing and other strategic commercial transactions.

• Fully or portfolio outsourced commercial contract consulting and support, where, alongside the firm's legal operation consulting team, Derek advises clients on how to optimize and streamline the legal process for commercial contracts and right size the retained vs. outside counsel work allocation for that body of work.

Derek represents clients on their most critical strategic initiatives, ranging from global transactions by multinational corporations to the core business deals of early-stage start-up companies. He provides guidance on strategic direction and negotiation strategy, analyzing client operations, selecting suppliers, scope/pricing/quality, providing post-transaction support, counseling on post-transaction governance and disputes, audit defense and other key commercial issues his clients face throughout the lifecycle of their deals.