Harvesting Tax Benefits in Global Supply Chain Management: How Apple Computer Does It
May 31, 2013 by Bierce & Kenerson, P.C. ·
Supply chain management normally addresses such risks as pricing of commodity components, disruptions in transportation, labor strikes, business continuity planning, disaster recovery, regulatory risks and, with Hon Hai / Foxconn, the risks of occasional suicidal workers. Apple Computer, Inc. (“Apple Computer”) outsources production to contract manufacturers in China and elsewhere, but it insources its operations […]
U.S. Immigration Law Reform: The Death of Offshore Outsourcing?
April 30, 2013 by Bierce & Kenerson, P.C. ·
For years, Indian IT and BPO companies have enjoyed a disproportionate share of U.S. non-immigrant visas for highly skilled foreign workers. Reportedly, Indian nationals account for a significant share of all H1-B current visas, nearly 60% (Wall Street Journal, April 24, 2013). However, this situation may change in the near future. On April 16, 2013, […]
Misappropriation of Corporate Opportunity: MobileActive Media, LLC under Delaware Law
February 28, 2013 by Bierce & Kenerson, P.C. ·
New ventures in Big Data, cloud-based computing, outsourced business process management (BPM), Internet-based SaaS services, IT-enabled marketing and mobile telephony face keen competition in the marketplace. However, when competition comes from a co-owner of the new venture, the results can be ugly, litigious and expensive for all parties. The MobileActive Media, LLC joint venture for […]
Obama’s Outsourcing and Offshoring Promotion Program
February 28, 2013 by Bierce & Kenerson, P.C. ·
President Obama’s current programs are very likely to limit growth of small businesses to mid-sized businesses and will promote automation, “right-sizing,” outsourcing and offshoring in 2014. We examine some of the key themes in his tenure as President since 2009, particularly those in his State of the Union Address on February 12, 2013. Outsourcing and […]
Seven Best Practices for Indemnification Clauses (for Outsourcing, M&A, Employment Agreements, Intellectual Property and Any Deal)
January 30, 2013 by Bierce & Kenerson, P.C. ·
In an indemnification clause, a party contractually promises to cover the losses incurred by another party under contractually described scenarios. An indemnification thus acts like a private insurance policy. The indemnitor pays upon the occurrence of a covered loss. Indemnification clauses are used to allocate specific contingent risks, for liabilities to third parties that might […]
Non-Practicing Entity Buys Kodak’s Digital Business Patent Portfolio, Licenses to Consortium
December 21, 2012 by Bierce & Kenerson, P.C. ·
In mid-December 2012, Eastman Kodak Co., a bankrupt photographic supply company, agreed to sell its patent portfolio to a consortium of buyers. The portfolio includes patents for digital photography, Web-based photo applications and other technologies critical to Internet-based e-business, social media and mobile computing. The deal (which is subject to bankruptcy court approval) represents a […]
Knowledge Management in Strategic Alliances and Outsourcing
December 21, 2012 by Bierce & Kenerson, P.C. ·
Knowledge management has become a key driver in the design and sustainability of competitive global enterprises today. In knowledge management (“KM”), organizations define the purpose and meaning of information for the corporate mission, create, store and share information and establish tools and rules for internal and external use (and repurposing) in commerce. KM presents structural […]
Cybersecurity: An Issue for Both Tech Service Providers and Clients, especially for Cloud, Mobil and Social Computing and the Internet of Things
November 12, 2012 by Bierce & Kenerson, P.C. ·
The security of the Internet and privacy are key to all Cloud Computing, Mobile Computing, Social Computing and the Internet of Things (with sensors and computers in cars and anything else electrical). Cybersecurity has profound implications for corporations, “critical infrastructure” and individuals that depend more on cybersecurity in the commercial, economic, social and personal. According […]
Outsourced Call Center Violates Consumer Protection Laws: Bank Liable for $200 Million
July 25, 2012 by Bierce & Kenerson, P.C. ·
Do you have a “Compliance Management System” to prevent “unfair deceptive abusive acts and practices” (UDAAP) by your call centers? You might need one now, especially for credit cards, and other consumer financial products. Businesses that use, manage or deliver call center services (and other “service providers” to financial institutions such as transaction processors) now […]
ObamaCare Survives Judicial Death Threat: Impact Of Supreme Court Decision On Offshoring And Outsourcing
June 29, 2012 by Bierce & Kenerson, P.C. ·
The U.S. Supreme Court’s historic 5-4 decision approved the constitutionality of the entire Patient Protection and Affordable Care Act, P.L. 111-148 (March 23, 2010) [“ObamaCare”]. Nat’l Fed. of Indep. Businesses v. Sebelius, 567 U.S. ____ (June 28, 2012). How will this law impact the global services industry? Will it favor offshoring? Will it […]