Outsourcing Law & Business Journal™ – October 2011
Posted October 21, 2011 by Bierce & Kenerson, P.C. · 
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OUTSOURCING LAW & BUSINESS JOURNAL™ : Strategies and rules for adding value and improving legal and regulation compliance through business process management techniques in strategic alliances, joint ventures, shared services and cost-effective, durable and flexible sourcing of services. www.outsourcing-law.com. Visit our blog at http://blog.outsourcing-law.com.
Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.
Vol. 11, No. 8, October 2011
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Webinar Announcement
Join our expert panel on Wednesday, October 26, 2011 at 11AM EST for a Webinar on The Future of Law and the Impact of Outsourcing. This will be a timely global debate on the future of the legal profession and the growth in delivery of legal support services via outsourcing and cloud technology. Cerebra LPO, together with Bierce & Kenerson, P.C. (Full disclosure: Bill Bierce, the Editor-in-Chief, will be on the panel) and PA Consulting and expert panel guests will convene an interactive webinar to discuss the implications of cloud, change and outsourcing in the legal sector. For more information and to register click here.
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1. Impact of “America Invents” Patent Law on Global Sourcing.
2. Federalizing Data Security Breach Rules.
3. Humor.
4. Conferences.
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1. Impact of “America Invents” Patent Law on Global Sourcing. On September 16, 2011, President Barack Obama signed the Leahy-Smith “America Invents Act,” H.R. 1249, 112th Cong., 1st Sess. The first major patent reform since 1952, this law restructures the processes for obtaining and maintaining the validity of U.S. patents. Given the troubles with certain business method patents, particularly those used in software for financial services, the law opens new avenues for challenging business method patents. This brief article will focus on the impact of the changes on domestic and international trade in technology-enabled services. For the complete article, click here.
2. Federalizing Data Security Breach Rules. Virtually all U.S. states have adopted “data security breach notification” laws to alert individuals and local governmental officials of possible identity theft. In California, victims of such breaches can sue for damages. On September 22, 2011, Senator Richard Blumenthal (Democrat, Connecticut) introduced a draft federal law on data protection: Personal Data Protection and Breach Accountability Act of 2011, S. 1535, 112th Cong., 1st Sess. It would create a new federal crime of intentionally failing to disclose a security breach. It would also coordinate breach reporting with criminal investigations. It would create federal standards that could effectively supersede state laws on security breach notification and repair of an individual’s identity.
The draft law would apply particularly to financial institutions under the Gramm-Leach-Bliley Act and HIPAA-covered entities. Each would need to implement a comprehensive personal data privacy and security program that includes administrative, technical and physical safeguards “appropriate to the size and complexity of the business entity and the nature and scope of its activities.” While the draft law identifies certain criteria for the design, risk assessment and risk management and control, the sufficiency of any security program will depend on the facts and therefore invites litigation. For more, click here.
3. Humor.
Prior art, n. (1) in patent law, technical knowledge of others that pre-dates the date of your invention; (2) in copyright law, another master’s masterpieces that pre-dates yours; (3) in trademark law, someone else’s gorgeous logo that has acquired secondary meaning in the marketplace; (4) in warfare, the cunning of a master warrior, studied for fighting the next war under new conditions; (5) in life, what you always knew but were too stupid or shy to claim it as your own original, novel, useful invention or as your own masterpiece. See “invalidate.”
Invalidate, v. (1) to find a convenient technicality; (2) to enact a new law with a new convenient technicality; (3) to liberate yourself from the oppression and economic enslavement of someone else’s prior art. See “prior art.”
Infringe, v. (1) to identify as yours that which an imposter claims is his prior art. See “Prior Art” and “Invalidate.”
Appropriate, adj. (1) the minimal effort that meets the “raised eyebrow” standard of judicial review; (2) the lowest common denominator of least “best” practices; (3) convenient judicial standard for ascertaining criminal neglect of statutory duty.
Safe Harbor, n. (1) a small pond surrounded by raging storms; (2) a temporary refuge; (3) an opportunity for misguiding a stranded sailor into the maelstrom; (4) a legal framework that is unsafe until so adjudicated; (5) legalized “trick or treat.”
4. Conferences.
October 20-21, 2011, ACI presents its 6th Annual Forum on Reducing Legal Costs, Philadelphia, Pennsylvania. ACI’s 6th Annual Forum on Reducing Legal Costs has been uniquely tailored to provide in-house counsel and legal sourcing managers, as well as private practice attorneys and law firm marketing/business development specialists who are serious about working with their clients to reduce legal costs, with the practical guidance, key insights, expert knowledge, and proven strategies that they need in order to successfully implement cost-reduction initiatives both internally and externally. For more information, click here.
November 17, 2011, Global Sourcing Council’s Annual Meeting, South African Consulate, New York, New York. Join this non-profit organization, focused on helping organizations from all sectors, buyers and sellers, achieve their economic goals without sacrificing sustainability, at their annual meeting; network and meet George Monyemangene, South Africa’s Consul General and other professionals with a keen interest in this educational mission. To register, click here.
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FEEDBACK: This newsletter addresses legal issues in sourcing IT, HR, finance and accounting, procurement, logistics, manufacturing, customer relationship management including outsourcing, shared services, BOT and strategic acquisitions for sourcing. Send us your suggestions for article topics, or report a broken link at wbierce@biercekenerson.com. The information provided herein does not necessarily constitute the opinion of Bierce & Kenerson, P.C. or any author or its clients. This newsletter is not legal advice and does not create an attorney-client relationship. Reproductions must include our copyright notice. For reprint permission, please contact: wbierce@biercekenerson.com. Edited by Bierce & Kenerson, P.C. Copyright (c) 2011, Outsourcing Law Global, LLC. All rights reserved. Editor-in-Chief: William Bierce of Bierce & Kenerson, P.C., located at 420 Lexington Avenue, Suite 2920, New York, NY 10170, 212-840-0080