General counsel discusses strategy with colleague
ComplianceCorporateMarch 06, 2023|UpdatedMarch 06, 2024

Economic turbulence, M&A driving need for legal and corporate outsourcing in 2023

A massive transformation is taking place in the way legal departments work. Persisting through the COVID-19 pandemic, the rise in remote work, increasingly complex data privacy regulations, and technological innovations, legal teams have had to navigate unprecedented change.

As the role of corporate counsel evolves to meet higher demand — often with limited budget and resources — knowing when to outsource and choosing the right partners are critical decisions to be made.

The impact of the global economy on outsourcing

With the de-escalating but still ongoing pandemic, conflict in Ukraine, and economic volatility, it’s no wonder that cost management and economic considerations are top factors in outsourcing decision-making in 2023.

Against this backdrop, general counsel must adjust legal strategy in a way that is aligned with the business, but still anticipates and manages risks wisely.

When a department outsources, it can differentiate itself and improve capacity without increasing overhead costs. Delegating time-consuming and repetitive tasks opens more time for teams to focus on company-critical, high-value activities. As a result, productivity is increased, internal processing costs are reduced, and project completion is accelerated

According to a survey respondent to CT Corporation’s 2023 Legal Outsourcing Study: “Global economics will again put pressure on lowering costs [so] tactical/repeatable work that can be either automated or outsourced will be on the table again.”

CT Corporation infographic about corporate outsourcing in 2023 infographic thumbnail
Outsourcing trends in legal and corporate compliance
Learn more about the key findings

M&A will require more attention in 2023

In the coming year, companies and investors seeking liquidity will be more interested in mergers and acquisitions due to the volatility (and sometimes freeze) in equity markets.

As a result, the demand for expert legal work will remain high. Indeed, chief legal officers anticipate that major transactions, such as M&A and corporate spinoffs, will require the most time and resources in 2023.

The volume of post-closing M&A disputes is also reported to be increasing with inflation and the threat of recession. It’s reported that buyers may seek to recoup valuation gaps as deals underperform in today’s challenging marketplace. Disputes could also rise with any increase in the use of earnout structures. Other threats include cybersecurity risk, data privacy, geo-political issues, and environmental, social, and governance (ESG) issues.

Activities being outsourced

When asked which activities are outsourced and plans for future outsourcing over the next year, respondents to the CT Corporation 2023 Legal Outsourcing Study selected the following as the four top areas:

  • Regulatory risk and compliance services: 27% outsource and 27% plan to
  • Entity management: 26% currently outsource, 18% plan to
  • Due diligence on pending M&A: 27% currently outsource, 18% plan to
  • Business license management and compliance: 21% currently outsource, 15% plan to

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Who is driving outsourcing decisions?

According to CT Corporation’s 2023 Legal Outsourcing Study, decisions regarding the outsourcing of legal work are primarily designated to one of two groups:

  • Legal operations professionals (63%)
  • In-house counsel/corporate compliance executives (54%)

Roughly only a third of organizations utilize procurement professionals to participate in this process.

How are decisions being made about what is being outsourced and to whom?

As legal teams decide which processes they will outsource, study participants cited budget and cost, experience, and security as extremely important.

Perhaps unsurprisingly, the same factors were extremely important in selecting which providers to outsource to. This indicates that these decisions are made concurrently, implying that trusted providers are driving buyers to outsource certain activities, rather than buyers making that decision independently first, followed by a selection of the most appropriate vendor. 

Conclusion

As the business and regulatory environment grows increasingly complex and costs and workloads rise, corporate legal departments must think carefully about when and what activities to outsource.

Outsourcing brings many benefits. It improves capacity without increasing overhead, helping to differentiate the legal department. By delegating time-consuming and mundane (but highly critical) tasks to the right partner, teams can attend to more meaningful work and dedicate top-notch service to clients and generate stronger performance.

To learn more about how CT Corporation can help you manage your entity information needs, contact a CT Corporation Service Representative.

The CT Corporation staff is comprised of experts offering global, regional, and local expertise on registered agent, incorporation, and legal entity compliance.

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