Neil S. Hirshman, P.C.

Partner Technology & IP Transactions

Chicago +1 312 862 2493

Neil S. Hirshman, P.C.

Overview

Neil Hirshman focuses his practice on both domestic and international transactions, including outsourcing (business process and information technology), software development, software, data, trademark, patent and technology licensing, telecommunications, commercial agreements (supply, distribution, development), joint ventures and strategic alliances. In addition, Neil advises clients on the intellectual property and technology issues that arise in mergers, acquisitions, divestitures, recapitalizations and bankruptcies. 

Known as “fantastic – he knows all the ins and outs of a deal and always gets the best possible outcome in negotiations –” and “business-savvy and creative,” Neil was named a leading lawyer in Outsourcing in Chambers USA, America’s Leading Lawyers for Business in 2007–2023 and in Chambers Global 2009–2024. According to Chambers, Neil is “an excellent lawyer,” and – “a true business partner” who is “super smart, honest and creative on all issues related to outsourcing,” and “incredibly knowledgeable, calm and thoughtful,” “knows his stuff,” “great at spotting issues,” and “is able to bring parties together instead of pushing them apart.” Chambers quotes clients who describe Neil as “incredibly intelligent, which means he gets more done in half an hour than many lawyers would in four days,” and “extremely knowledgeable, thoroughly versed in outsourcing . . . strong negotiating skills without a combative manner and very results-oriented.” Clients have also touted his “brilliant legal consulting” and “excellence at negotiating large deals,” adding that he is “able to provide a global view as to how the relationship should work and what we should be looking for.”

For 2009–2024, Neil has been selected by peers for inclusion in the The Best Lawyers in America in the area of Technology Law, including being named 2024 “Lawyer of the Year” in Chicago. Neil has been recognized by The Legal 500 United States each year since 2010 and was named a “Leading Lawyer” in the 2016–2023 editions. He was also named as a BTI M&A Client Service All-Star by BTI Consulting Group in 2021.

Neil is Chair Emeritus of the Executive Committee of the Strategic Advisory Board of the International Association of Outsourcing Professionals, a global membership organization for companies involved in outsourcing. He also co-chairs IAOP's Center for Social Impact. Neil is a 2022 IAOP Leadership Hall of Fame Inductee.

Outsourcing

  • Represented SSM Health on its groundbreaking multi-billion dollar strategic alliance with UnitedHealth Group, which includes a full suite of outsourced services relating to revenue cycle management, care transformation and digital health innovation.
  • Represented laboratory instrument company in a build-operate-transfer outsourcing transaction.
  • Represented large healthcare system in its:
    • IT outsourcing, including application development/maintenance, infrastructure, and collaboration.
    • IT infrastructure support, helpdesk for critical clinical applications, security incident monitoring and management, and the transformation of legacy IT systems through the use of, among other things, automation.
  • Represented National Grid in its multi-vendor, multi-tower, transformational outsourcing.
  • Represented Washington Gas Light Co. in its multi-year agreement with Accenture for business process outsourcing and technology enhancement services.
  • Represented Vertex Outsourcing LLC in its ten year business process outsourcing agreement with SouthStar Energy Services for customer care, back office administration, remittance processing, bill printing and outbound correspondence.
  • Represented Affiliated Computer Services (ACS) in its finance and accounting outsourcing transaction with United Technologies.
  • Represented large healthcare insurer in multi-tower IT outsourcing, including infrastructure (including IaaS), application development, testing and test data management.
  • Represented Israeli-based company, one of the largest carriers in the global container industry, in a multi-jurisdictional business process outsourcing transaction.
  • Represented consumer products company in global payroll outsourcing transaction involving employees in more than 70 countries.
  • Represented multinational manufacturer and marketer of chemical products in a global IT outsourcing transaction.
  • Represented health services company in information technology and business process outsourcing transaction, including software development, application development and maintenance, infrastructure and claims processing.
  • Represented global financial services firm in human resources outsourcing including work force administration, contingent worker administration and payroll.
  • Represented global financial services firm in outsourcing of global relocation, expatriate administration, immigration and vendor management.
  • Represented insurance company in a finance and accounting outsourcing transaction.
  • Structured the creation of new business for large accounting/consulting firm to provide business process outsourcing, developed its form agreements, and represented client in numerous outsourcing agreements involving finance and accounting, human resources, procurement, e-learning, recruiting and information technology.
  • Advised REIT on IT outsourcing, IT services, ERP implementations and telecommunications agreements.
  • Represented health services company in global transport and managed services networks outsourcing transactions with multiple suppliers.
  • Represented one of the ten largest health systems in the US, with facilities spanning ten states, structure and negotiate a network services agreement.
  • Represented telecommunications company in international roll-out of wireless music service, including hosting, support and maintenance, and network monitoring outsourcing agreement.
  • Represented service provider in an agreement with credit card company for call center, collections, customer care and retention services.
  • Represented electronics company on application development and maintenance outsourcing agreements and manufacturing outsourcing agreement.

Strategic Alliances/Joint Ventures

  • Represented Charter Communications in multiple joint ventures with Comcast Corporation, including for the development and offering of a next-generation streaming platform on a variety of branded 4K streaming devices and smart TVs, for an operating platform partnership focused on the development and design of backend systems that support Comcast’s Xfinity Mobile and Charter’s Spectrum Mobile service and for the acquisition of blockgraph, a blockchain technology company.
  • Represented Avaya on its strategic partnership with RingCentral through which Avaya will introduce Avaya Cloud Office by RingCentral, a new global unified communications as a service (UCaaS) solution, and RingCentral made an initial contribution of $500 million to its partnership with Avaya.
  • Advised Boeing in multiple joint ventures, including with Safran for auxiliary power units for aircraft and with Embraer in connection with Boeing’s $4.75 billion transaction with Embraer.
  • Represented Hitachi on joint development agreements for participation in a consortium responsible for the creation of software standards for the global computer industry, counseled client on software and technology license agreements, semiconductor foundry agreements and agreements relating to the development of next-generation microprocessors and advised client on acquisitions, divestitures and strategic alliances.
  • Represented Westport Innovations on its technology joint venture with Cummins Engine.
  • Represented technology services provider in a joint venture and licensing arrangement to commercialize animation studio’s proprietary media generation engine.
  • Represented insurance company in a strategic alliance to develop a machine learning and predictive analytics SaaS platform.
  • Represented world’s leading derivatives exchange in a joint venture with large media company related to index business.
  • Advised a supply chain management software company in a strategic alliance and in connection with customer license agreements and ASP agreements.
  • For a technology company, drafted and negotiated technology license agreements for cable television technology and represented client in its participation in the formation of the Grand Alliance -- a group of companies proposing a High Definition Television standard.
  • For a large truck and engine company, drafted and negotiated a technology joint venture relating to fuel injectors.

Licensing/Implementation

  • Represented Chicago Board of Trade on a license agreement for the right to list contracts based on a well-known stock index and provided counseling relating to provision of real-time quotations on the Internet, intellectual property protection for databases, and joint ventures for clearing trades and agreements for a hand-held electronic device to be used in trading.
  • Represented consumer products companies in global SAP licenses and implementations.
  • Represented machine learning, artificial intelligence company, in customer agreements.
  • Counseled multi-national food company on merchandise licensing agreement and promotion agreement with entertainment and amusement park conglomerate.
  • Represented an infant and children clothing company on trademark licensing program, trademark clearance, intellectual property holding company advertising relationships and web site.
  • Represented consumer products company in licenses with a celebrity and world famous doll company.
  • Represented merchandise licensee in trademark license agreements with a major luggage manufacturer and a clothing manufacturer.
  • Represented multi-national investment bank in licensing of financial indices and related financial instruments.

Supply Chain

  • Represented Zenith Electronics in connection with supply agreements for HDTV receivers and cable and satellite set-top boxes.
  • Represented photonic switching company in contract manufacturing arrangements.
  • Advised global financial services firm on form agreements for purchase of goods and services.
  • For a large consumer products company, provided counseling and franchise advice relating to agreements for the production and distribution of certain beverage products.
  • Provided international franchising and trademark counseling and drafted and negotiated contracts detailing investments in and joint ventures and licenses with, companies in Colombia, Mexico, France, Thailand, Poland and Israel for a global office products retailer.
  • For a large electronics company, provided counseling relating to electronic commerce, encryption technology and a potential trade secret dispute relating to pressure sensors.
  • For an Internet content company, advised on e-commerce transactions.
Foreign exchange lawyer at Mori Sogo (now Mori Hamada & Matsumoto) Law Offices in Tokyo, Japan, 1995

More

Thought Leadership

Publications 

Neil S. Hirshman, Michael G. Fatall and Peter M. Spingola, “Is Silence Really Golden? Assumption and Assignment of Intellectual Property Licenses in Bankruptcy,” Hastings Business Law Journal, Spring 2007, Vol. 2, No. 3, p. 197.

Neil S. Hirshman, Michael G. Fatall and Peter M. Spingola, “Is Silence Really Golden? Assumption and Assignment of Intellectual Property Licenses in Bankruptcy,” The Licensing Journal, January 2007 at 11.

Neil S. Hirshman and Sara Zablotney, “Taxing Thoughts on Outsourcing,” Managing Offshore, September 2005 at 20.

Neil Hirshman and Michael Flaschen, “Addressing Bankruptcy and Credit Risks in Complex Intellectual Property and Technology Transactions,” The Licensing Journal, March 2004 at 1.

Neil Hirshman, Michael Fatall and Peter Spingola, “Assignability of Intellectual Property Licenses in Bankruptcy: Navigating the Murky Waters of Section 365,” ABA Section of Intellectual Property Law Newsletter, Fall 2002, vol. 21, no. 1 at 11.

Neil Hirshman, Michael Fatall and Peter Spingola, “After the Fall: What Happens to IP Licenses During Bankruptcy,” IP Worldwide, August 2002, at 22.

Seminars

Crowdsourced Topics on Contracting and Negotiation at the 2020 Outsourcing World Summit

GOV20 - Contracting Governance: A CrowdSourced Session, Panelist, IAOP 2020

Conversation with IAOP’s Strategic Advisory Board: Impact, Trends and a Roadmap for the Future 2020

Big Data and Its Impact on Outsourcing: Legal and Business Challenges Conference 2018.

Pricing at the PLI Outsourcing 2018 Seminar: ITO, BPO and Cloud.

Guest Lecturer at Stanford University, University of Chicago Law School, Kent Law School and DePaul University. 

Host of main session at 2015, 2016, 2018 and 2019 International Association of Outsourcing Professionals Outsourcing World Summit.

Contracting the New Digital at the KPMG Global Business Services Pharma Consortium Meeting 2015.

Managing Service Provider Innovation at the 2014 Outsourcing World Summit.

Mock Negotiation of an Outsourcing Deal at PLI's Outsourcing 2013: Sourcing Critical Services.

How Will Cloud Impact Sourcing at the 2013 International Association of Outsourcing Professionals Outsourcing World Summit.

Tools and Technologies: The Advisor's Perspective at the International Association of Outsourcing Professionals 2011 Member Forum.

Transformational Sourcing at PLI's Outsourcing 2011: Structuring, Negotiation and Governance Seminar.

Considerations in Managing the Multi-Service Provider Outsourcing Environment at the 2011 International Association of Outsourcing Professionals Outsourcing World Summit.

Bankruptcy at PLI's 2010 Outsourcing: Structuring, Negotiation and Governance seminar.

Renegotiation in the Current Economy - PLI Outsourcing and Offshoring 2009 Seminar.

Hard and Soft Sides of Managing Talent in Outsourcing - IAOP 2009 Global Human Capital Forum.

The Aftermath of Satyam — Contracting in an Uncertain World — 2009 IAOP Outsourcing World Summit.

Contracts and Governance — Oil and Water or Oil and Vinegar? — 2008 IAOP Governance Forum.

Hot Topics in Outsourcing — EquaTerra's 2008 An Executive's Guide to Outsourcing Governance Best Practices.

Next Generation Utilities: Collaborating for Dramatic Improvement - A Case Study at the 2008 International Association of Outsourcing Professionals Outsourcing World Summit.

Roundtable: LPO — What is it and Where is it Headed at the 2008 International Association of Outsourcing Professionals Outsourcing World Summit.

Remediation and Renegotiation of Outsourcing Deals - IAOP Governance Chapter Meeting 2008.

Contractual and Legal Issues — Something Old, Something New at the 2007 International Association of Outsourcing Professionals Outsourcing World Summit.

Developing and Negotiating the Contract for an Outsourcing Agreement for the International Association of Outsourcing Professionals - Certified Outsourcing Professionals Master Class 2006–2009.

Statements of Work and Service Level Agreements at PLI's Keys to Outsourcing and Offshoring 2006–2008: Protecting Critical Business Functions seminar.

Commercial Transactions — Achieving Commercial Objectives While Protecting IP at the 2006 LSI Corporate Law for IP Lawyers seminar.

Ensuring Business Continuity and Setting Up a "Plan B" at the 2006 ACI Outsourcing in Financial Services seminar.

Recent Trends in Outsourcing — Related Legislation at the International Association of Outsourcing Professionals Outsourcing World Summit 2006.

Outsourcing — Offshore at the 20th Annual Intellectual Assets and Technology Law Institute 2005.

Gaining Maximum Value From Offshoring/Outsourcing Operations at the MIT Global TIES 2004 seminar: India and China's Entrepreneurial Trajectory.

Risk Assessment and Mitigation at the 2004 India Outsourcing Summit in Bangalore, India.

Avoiding Pitfalls When Outsourcing Tax Functions at the 2004 WRG Tax Reengineering Seminar

Offshoring Risks at the 2004 CFO Magazine Offshore Outsourcing Seminar.

Risk Assessment and Mitigation at the 2004 Outsourcing Strategies seminar entitled "The Business Process Outsourcing Forum."

Making the Outsourcing Relationship Work at the 2004 American Corporate Counsel Association seminar on "Mitigating Risk in IT and Business Process Outsourcing."

Outsourcing at the 2003 CFO Magazine seminar entitled "Total Working Capital Management."

Legal and Contractual Issues in Offshore Sourcing at the Indian Institute of Technology's 2003 seminar entitled "Trends in Offshore Services."

Control Provisions at the 2003 PLI seminar entitled "The Outsourcing Revolution 2003 - Protecting Critical Business Functions."

Essential Terms For Outsourcing Contracts at the 2002 ACI seminar entitled "Outsourcing in the Consumer Lending Industry."

Addressing Bankruptcy in Complex Technology Transactions at the 2002 PLI seminar entitled "The Outsourcing Revolution: Protecting Critical Business Functions Using Outsourcing, ASP & Web Service Agreements."

Intellectual Property issues at the 2000–2003 PLI seminars entitled "Acquiring or Selling the Privately Held Company."

Executory License Agreements in Bankruptcy Proceedings at the Intellectual Property Owners Association 2003 Annual Meeting.

Ownership of Intellectual Property Technology Assets: Contracting, Joint Development and Alliances at the 2003 and 2004 PLI seminars entitled "Handling Intellectual Property Issues in Business Transactions" and at the June 2003 meeting of the Chicago Bar Association's Patent, Trademark and Copyright Committee.

Kirkland & Ellis:

IP and Technology Deals in an Uncertain World (2009).

Sourcing and Outsourcing 2008 — The State of the Industry (2008).

Outsourcing — Hot Topics and Trends (2006).

Identifying Opportunities and Mitigating Risks in Transborder Outsourcing Transactions (2005).

Identifying Opportunities and Mitigating Risks in IT and Business Process Outsourcing (2005).

Outsourcing — Onshore and Offshore — Advanced Topics in Risk Assessment and Mitigation (2003).

Building, Maintaining and Exiting the Outsourcing Relationship (2002).

Strategic Alliances-Legal Issues and Solutions in E-Business (2000).

Annual Technology and the Practice of Law (1997–2004).

Business Relations in IP for the Management of IP Portfolios course at Kent Law School (2006–2010, 2013).

Outsourcing Class at John Marshall Law School (1999).

Contractual Frameworks for Outsourcing at 1999 seminar entitled "Successful Outsourcing Strategies That Deliver Value in Today's Health Care Industry."

Kirkland Institute of Corporate Practice-Intellectual Property Aspects of Corporate Transactions (1996–2007).

Interviews

Neil was quoted in the following articles:

  • “The Evolution of Outsourcing” in The Global Outsourcing 100 2015 Special Advertising Section of the June 2015 issue of Fortune

  • "Outsourcing's Top 2012 Trends" and "A Look Back at 2011" in the December 2011 issue of Globalization Today

  • "The Top Trends of 2011" in the February 2011 issue of Globalization Today

  • "Outsourcing's Thorny Issue" in the August 2007 issue of Global Services

  • "What's Happening with Demand for FAO Contracts" in the July 2006 issue of FAO (Finance and Accounting Outsourcing) Today magazine

  • "Preempting Problems" in the July 2006 issue of Computerworld magazine

  • "Which New Regulatory Changes Will Most Impact Outsourcing Contracts and How?" in the Spring 2006 Outsourcing Essentials publication by The Outsourcing Institute

  • "Where is the Exit" in the April 2006 issue of Global Services magazine

  • "Planning for the Worst" in the March 2006 issue of Global Services magazine

  • "Ask the Experts" section on Outsourcing in the July 2005 issue of CXO Magazine

  • "Preparing for the Worst" in the March 2005 issue of Managing Offshore magazine

  • "Panel Says Impact of Outsourcing on U.S. will Increase" in the July 1, 2005 IndUS Business Journal

  • "Conference Highlights Rise of New Economic Giants" in the June 20, 2005 India New England online edition

  • "Legal Outsourcing to India" in the July/August 2005 AsiaLaw magazine

Recognition

International Association of Outsourcing Professionals Leadership Hall of Fame Inductee, 2022

Recognized for Outsourcing, (Chambers Global), 2009–2024

Recognized for Outsourcing, (Chambers USA), 2007–2023

Named 2024 “Lawyer of the Year” for Technology Law in Chicago, (The Best Lawyers in America)

Recognized for Technology Law, (The Best Lawyers in America) 2009–2024

Illinois Super Lawyer, (Super Lawyers magazine), 2013–2023

Named a BTI M&A Client Service All-Star, (BTI Consulting Group), 2021  

Leading Lawyer for Technology: Outsourcing, (The Legal 500), 2017–2023; Recognized for Technology: Outsourcing, (The Legal 500), 2010–2016

Recognized for Technology: Transactions, (The Legal 500), 2014–2023

Recognized for Patents: Licensing, (The Legal 500), 2012–2021  

Outsourcing Lawyer of the Year - USA, (Finance Global), 2018

Leading Lawyer, (Guide to the World’s Leading Technology, Media & Telecommunications Lawyers)

Top 30 Information Technology Lawyers, (Best of the Best Global Expert Guide)

Top 30 Information Technology Lawyers, (Best of the Best USA)

Inclusion, (Guide to World’s Leading Information Technology Lawyers), 2012 

Leading Lawyer in Illinois for Intellectual Property

International Association of Outsourcing Professionals Member of the Year, (Outsourcing World Summit), 2008

Memberships & Affiliations

International Association of Outsourcing Professionals (IAOP)

  • Executive Committee of the Strategic Advisory Board – Vice Chair (2016–2019); Chair (2019–2023); and Chair Emeritus (2023–2024)
  • Member of Strategic Advisory Board (2008–2024)
  • Co-Chair Center for Social Impact (2021–2024)

Urban Initiatives, a not-for-profit that leverages the power of sport and play to empower young people to achieve academic success, develop social-emotional skills and build social capital

  • Board of Directors (2007–2024); Chair (2018–2024)
  • Soccer Ball Award (2024)
  • Heart of a Champion Award (2016)

Global Mentorship Initiative

  • Mentor (2021–2024)
  • Member of Leadership Council (2023–2024)

Credentials

Admissions & Qualifications

  • 1990, Illinois
  • Registered to practice before the United States Patent and Trademark Office

Education

  • Harvard Law SchoolJ.D.1990
  • University of Illinois at Urbana-ChampaignB.S.E.E.1987

    Outstanding Senior in College of Engineering

    Distinguished Senior in Electrical Engineering

    IEEE Outstanding Senior

Other Distinctions

Certified Outsourcing Professional