Overview
Heather S. Bethancourt represents clients in business process and information technology outsourcing transactions. She has extensive experience representing healthcare systems, carriers and vendors negotiating revenue cycle management outsourcing agreements and other complex outsourcing and commercial transactions. In addition, she represents clients in strategic supply agreements, manufacturing and distribution agreements, technology licensing, technology maintenance and service agreements, technology development, cloud-computing transactions such as software as a service (SaaS) arrangements and strategic alliances. Heather also advises clients on technology and commercial contract issues that arise under other corporate transactions such as mergers and acquisitions and joint ventures, including transition services agreements. Her experience with other commercial contracts includes a human resources emphasis representing clients in independent contractor, contingent labor and recruiting services agreements and advising clients on rebadging issues in outsourcing transactions.
Heather has extensive experience representing clients in the healthcare, financial services, energy and utility, retail, technology and telecommunications industries.
Prior to attending law school, Heather worked for six years with an employment services firm negotiating and managing employee outsourcing relationships with information technology and manufacturing companies. While in law school, Heather served as administrative editor of the SMU Law Review Association.
Heather is the co-author of a legal treatise on outsourcing law titled Outsourcing: Law and Business. This treatise gives detailed treatment to all material legal and business issues associated with outsourcing transactions. The form of master outsourcing services agreement developed by Heather and her co-authors, and featured in the treatise, is publicly available and widely used in the outsourcing industry. For more information, see www.outsourcingmsa.com.
Results
- Represented Boulder Community Health in negotiating its outsourcing agreement with Optum to manage key nonclinical functions, including revenue cycle management
- Represented several management services organizations in negotiation of revenue cycle management services agreements with various vendors
- Represented MEDNAX in its negotiation of a financial management services agreement in conjunction with the sale of its subsidiary, MedData to a private equity and venture capital firm
- Represented John Muir in negotiating its outsourcing agreement with Optum to manage key nonclinical functions, including information technology, revenue cycle management, analytics, purchasing and claims processing
- Represented Baptist Health South Florida in negotiating its revenue cycle management services agreement for with Health Systems Solutions, a joint venture entity created by Baptist Health South Florida and Navigant
- Serves as primary outside counsel for a vendor providing managed care solutions to managed care organizations serving Medicare, Medicaid and special needs populations
- Represents vendor in negotiating outsourcing agreements for sales, benefit administration, retention, reform and technology solutions for the insurance and managed care industries
- Served as primary outside counsel for an outsourcing provider specializing in business processes and technology implementation, training and management for healthcare providers; representation includes supporting responses to requests-for-proposals and negotiating customer, alliance and other related agreements
- Represented a global business services, technology and document management company in the $850 million sale of its information technology outsourcing business by negotiating terms related to continue provision receipt of services and provision of services to existing customers
- Represented a hardware manufacturer in a full-scope, global voice and data deal with a tier-1 Spain-based telecommunications company; the deal was the largest telecommunications deal in Europe in 2015
- Represented a leading European telecommunications device manufacturer in an outsourcing services agreement with an India-based outsourcing provider in connection with a global, full-scale information technology (IT) outsourcing transaction covering end user services, service desk, on-site support, workstation management and end point security; the deal value was more than $1 billion
- Represented global wireless telecommunications equipment manufacturer in two information technology outsourcing transactions with a European-based provider and a leading India-based provider
- Represented a tier-1 US-based telecommunications company in its acquisition of next-generation wireless infrastructure equipment used to upgrade its nationwide wireless network in connection with a transaction that involved the purchase of equipment and implementation services from three world leading wireless telecommunications equipment providers; the project includes the purchase of multi-modal base stations capable of supporting advanced 4G long-term evolution (LTE) wireless technologies
- Represented a global heavy-machinery manufacturer in its business process outsourcing transaction with a leading India-based financial business process outsourcing (BPO) provider; the agreement resulted in a captive organization providing various finance and accounting services to the client’s various subsidiaries around the world
- Represented a large wireline telecommunications company in the outsourcing of the management of its customer-facing wireline network
Recognitions
- The Best Lawyers in America, Information Technology Law and IT Outsourcing Law, 2020-2025
- Chambers USA, USA Nationwide: Outsourcing and Texas: Technology Outsourcing, 2022-2024
- Legal 500 US
- Next Generation Partner in Outsourcing, 2022-2023
- Recommended in Media, Technology and Telecoms: Outsourcing, 2024
- Super Lawyers, Texas Rising Stars, 2014-2019
- Up-and-Coming 50 Women, Texas Rising Stars, 2019
Credentials
Education
Southern Methodist University Dedman School of Law, JD, magna cum laude, Order of the Coif, 2009
Texas A&M University, BA, 2002
Admissions
Texas