Outsourcing Law & Business Journal™ – November 2011

Posted November 14, 2011 by   · Print This Post Print This Post

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. 9, November 2011
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Join us for a Webinar Offering CLE Credit on December 6th!

This webinar will address the fundamentals of structuring LLCs for use in special purpose environments. It will help lawyers understand key legal and tax issues in such environments for tax-efficient operations.

Title: LLC Toolkit for Designing Collaborative Business Models: Sweat-Equity, JVs and Global Services Businesses
Date: Tuesday, December 6, 2011
Time: 11:00 AM EST – 12:20 PM EST
Cost: Free!

Click here for more information and registration.
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1. To Arbitrate or Not, That is the Question.

2.  Humor.

3. Conferences.
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1.  To Arbitrate or Not, That is the Question. In KMPG LLP v. Cocchi, the U.S. Supreme Court ruled on November 7, 2011, that agreements to arbitrate must be enforced in federal and state courts under the Federal Arbitration Act, 9 U.S.C. §1 et seq. 565 U.S. ___ (2011). Judicial interpretation of arbitration clauses has resulted in the bifurcation of remedies before courts and arbitrators on the same facts. Such bifurcation adds costs and leads to uncertainty for the parties.

This case serves as a reminder to both parties to consider possible risk management and relationship governance frameworks. This article analyzes some ways to identify and minimize the risk of such bifurcation and piecemeal dispute resolution that neither party wanted. The parties may wish to evaluate and, at least internally, quantify the impact for pricing purposes in contract negotiation.

This decision relates to alleged professional malpractice by a regulated professional service provider. For unregulated BPO “professional” service providers, it raises red flags. It shows the risk profile for claims from persons other than the enterprise customer. The parties therefore may wish to consider the interests of persons who might be adversely affected by the BPO services, such as the BPO service recipient’s own customers, suppliers, users and licensees. Such interests can be addressed in the frameworks of relationship governance, risk management and compliance.  For more, click here.

2.  Humor.

Arbitration, n. (1) clandestine back-alley street fight, conducted in total confidence to avoid embarrassment, oppressive disclosure and discovery rules and judicial delays; (2) private justice for private failures.

Arbitrary, adj. (1) the outcome of an arbitrable claim; (2) the result of a preponderance of the  credible evidence.

Enforce, v. (1)  to apply power where shame, remorse, regret, denial, fear and hostility fail to get results.

3.  Conferences.

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.

December 12-14, 2011, IQPC presents its 12th e-Discovery Summit and Roundtable, New York, New York. The 12th eDiscovery conference will provide strategies for eDiscovery professionals to minimize costs, risks and challenges with eDiscovery.  Here, you will have a cross industry gathering of eDiscovery professionals to provide you with the essentials to understand the risks, challenges and opportunities eDiscovery pose, learn best practices from private sector and government e-discovery specialists, ask questions and gain invaluable knowledge to upgrade your skills and build winning strategies and network with colleagues, share challenges, make career connections.  To register, visit their website.

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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

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