E-Discovery and Legal Process Outsourcing: ESIM Process Design and Choices between Outsourcing vs. Insourcing
December 21, 2009 by Bierce & Kenerson, P.C. ·
State and federal rules of civil procedure and emerging common law of the discovery process impose significant costs on businesses that are engaged in litigation. Pre-trial “discovery” serves to narrow the issues in dispute by forcing the disclosure of records, including electronically stored information (“ESI”) for judicial economy, to narrow the scope of disputed issues […]
Legislation in Outsourcing: Gain-Sharing under the E-Government Act of 2002
October 16, 2009 by Bierce & Kenerson, P.C. ·
Overview. The E-Government Act of 2002 authorizes federal agencies to enter gain-sharing contracts for information technology (as defined in 40 USC 11101(6)). The new law refers to such contracts as “share-in-savings initiatives.” Under such contracts, the Government awards an IT contract to “improve mission-related or administrative processes” or to “accelerate the achievement of its mission.” […]
Shared Services in Lieu of Outsourcing: Offshore Captive Internal Bank
October 16, 2009 by Bierce & Kenerson, P.C. ·
Summary. In making the classic “buy vs. build” decision in relation to services to manage sophisticated business processes, enterprises may elect to establish a captive enterprise to perform “shared services” for affiliates. The “shared services captive” is an alternative to buying outsourced services. But it is also an alternative to internal administration of a business […]
Call Centers and Customer Relationship Management
October 16, 2009 by Bierce & Kenerson, P.C. ·
Thanks to Customer Relationship Management (“CRM”) software and low-cost, high-speed international telecommunications, a call center can be located anywhere in the world. While the legal issues in offshoring of any outsourced service can be complicated, the business issues are generally the same. Who Should Outsource Call Center or CRM Functions? Call centers connect your enterprise, […]
“Offshoring” of BPO Services within the European Union: A Transatlantic View of the Proposed Services Directive
October 16, 2009 by Bierce & Kenerson, P.C. ·
The European Common Market (and its successor the European Union, “EU”) were founded on the principles of four freedoms of movement: capital, people, goods and information. According to the European Commission, the service sector accounts for more than 70% of economic activity in the EU, much of which involves Europe’s small and medium sized companies. […]
Financial Planners Outsource Their Back Office Support Staff to Home-Based Workers
October 16, 2009 by Bierce & Kenerson, P.C. ·
Summary. Suddenly, outsourcing benefits come to financial planners. But reports of the advantages may be too good to be true. What is Outsourced, and to Whom. In a lead article, The Wall Street Journal announced in April 2003 that a small number of financial planner are adopting an outsourcing model in their business, hiring “independent […]
International Trade Regulation of Outsourcing
October 16, 2009 by Bierce & Kenerson, P.C. ·
The Trade Act of 2002, signed by President Bush on July 27, 2002 , H.R. 3009, authorizes the President to negotiate trade agreements that will be approved, or disapproved, by Congress without any changes. The law identifies the same old American public policy objectives. In relation to trade in services and trade in intellectual property, […]
Courts of India as an Inconvenient Forum: Impact of Long Delays in Access to Court Procedure
October 9, 2009 by Bierce & Kenerson, P.C. ·
“Justice delayed is justice denied.” Enforcement of contract rights depends on a viable system that not only applies the rule of law, but does not delay the application of law to the aggrieved party’s petition for judicial redress. In one recent judicial decision in New York, the court addressed the question whether a possible ten […]
Data use contracts between health care covered entitties and business associates including outsourcers
October 9, 2009 by Bierce & Kenerson, P.C. ·
Overview. The final Privacy Rule adopted in August 2002 sets forth specific requirements for contracts between “covered entities” and “business associates” (outsourcers). For further details, please contact one of our attorneys. Minimum Provisions. For the minimum terms of such a contract, the final HIPAA Privacy Rule provides: A covered entity may use or disclose a […]
Patents in Outsourcing: Strategy and Practice for Business Process Patents and International Trade in Services
October 9, 2009 by Bierce & Kenerson, P.C. ·
Should a service provider develop a patent portfolio? In performing outsourced services, the service provider performs certain business processes that range from information technology to office procedures. Since U.S. courts have interpreted patent laws to make business processes eligible for patent protection, the patent law has played a small but growing role in business process […]