Top 20 Legal IT Innovators 2016: Pillsbury's Robert Zahler on rethinking the concept of outsourcing
Legal Week Intelligence, in association with Fulcrum GT, recently published the first edition of its Top 20 Legal IT Innovators report, which profiles…
December 16, 2016 at 04:30 AM
6 minute read
Legal Week Intelligence, in association with Fulcrum GT, recently published the first edition of its Top 20 Legal IT Innovators report, which profiles the law firm leaders, in-house lawyers and tech pioneers driving change in the legal profession.
Click here to download the report from Legal Week Law (free registration required).
A partner in Pillsbury's global sourcing practice, Robert Zahler advises international clients on a wide range of work, with particular emphasis on sourcing – both information technology outsourcing and business process outsourcing.
As a young lawyer, Zahler spent four years working on the legal fallout from the Three Mile Island accident, a partial nuclear meltdown that happened in March 1979, in Pennsylvania – the most significant accident ever at a US nuclear power plant. "It was very exciting, very interesting stuff," he says.
In the late 1980s, Zahler began representing customers in large-scale IT outsourcing transactions. In 1990, he advised Texas Air on "what was purported to be a billion-dollar deal over ten years" to sell part of its airline reservation system and turn over all their IT operations to Electronic Data Systems (EDS).
In doing the deal, explains Zahler: "We re-looked at the whole concept of outsourcing and what it meant, and we came up with a model that was fairly different from the original EDS approach." It taught him to be innovative. "These types of relationships were of sufficient value, of sufficient importance and of sufficient length, that it was worth focusing on them as somewhat different."
The problem, he explains, was: "Once you announced a deal and signed the initial contract, the customer lost all leverage. You could not back out of the transaction (that is, refuse to close if implementation details were not to the customer's liking), since you had already destabilised your workforce by telling them they were all going to transfer to this vendor, whom they all feared and many did not like. So we adopted a model that said: we need to work through what would normally be put off as transition after the deal is signed.
"That meant a whole rethinking about what the contracts were and the type of skillsets that lawyers need to bring to such a transaction. We wanted to work through all the details before signing the agreement. That's what we did and, after the Texas Air deal, the practice throughout the 1990s just exploded: I could not get enough bodies to do this stuff." Expanding internationally, he recruited several lawyers from a number of English law firms in order to open a London office and that too "flourished beyond imagination", he says.
But innovation also came at a cost. "We created more legal competition for ourselves because you couldn't always keep the contracts behind the veil," he says. Boutique consultants also entered the marketplace.
We decided if consultants were going to compete with us, we'll compete head on
Zahler's next innovation was to fight on their territory: "We decided if consultants were going to compete with us, we'll compete head on," he says. "So we went about recruiting a set of high level consultants to join us. They were not a subsidiary or a separate standalone company that we were in a relationship with, they were us. Because of legal constraints in the US, we couldn't call them partners; we called them principals [and] they were compensated at levels equivalent to partners in the firm."
In creating a consulting group capability within the firm, the objective was to integrate. "Our product offering changed," says Zahler, "in that we explicitly said: we offer both legal and consulting services within the framework of a law firm. It continues today and accounts for much of the net new business. We almost always market jointly: lawyers and consultants offering a spectrum of professional services that are relevant to outsourcing."
Innovation through simplicity was integral to its success. Zahler and his team wanted to simplify the paperwork – documents that might be 1,000 pages in length, describing the services, service levels, pricing methodologies, and terms and conditions – into a straightforward visual model.
"We developed a visual methodology in the form of a matrix; we called it the ValueChain," he says. "One axis lists slightly more than 100 standard IT processes, each with a thoughtful description of what is involved. The other axis is bespoke, uniquely created for each client: a description of their organisation from an IT perspective – by geography, or by line of business. Having created a matrix with two axes, the intersection can then be coloured in: one colour says the supplier does it and another colour says the client or customer does it. If there are multiple suppliers, we use multiple colours for each."
As a visual tool, it then becomes immediately comprehensible by everyone involved. "We just wrote some contractual wrappers around it and that goes in as part of the contract. Our clients love it, we love it and to this day, we're the only people who do this type of thing."
Zahler suggests the outsourcing industry is "almost unique", explaining: "For the size and the number of deals that go on, the amount of litigation with respect to these deals is trivial, particularly in the US where everyone sues everyone. There's hardly any litigation. The reason for that is because whether it is my clients who want to sue, or the supplier who might want to sue us, I say to them: what is it you want to achieve? And whatever they want to achieve, we can almost always achieve it in a negotiated settlement."
To remain innovative 41 years after leaving Harvard Law School, Zahler reads a lot: "I've always been a geek. Technology interests me, so I read things whether they're relevant or not." And he continues to do rainmaking: "I sell deals and what I've focused on is what I call pathological deals – the transactions that are in trouble, they need to be renegotiated, restructured, something done with it. I pick and choose and I get involved because I think I add real value."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHow to Build an Arbitration Practice: An Interview with 37-Year HSF Veteran Paula Hodges
Scratching the Entrepreneurial Itch: Linklaters' AI Head On Becoming a Partner and GenAI Hallucinations
'Relationships are Everything': Clifford Chance's Melissa Fogarty Talks Getting on Big Deals and Rising to the Top
7 minute readThe 'Returnity' Crisis: Is the Legal Profession Failing Women Lawyers Returning From Maternity Leave?
8 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250