Outsourcing Law & Business Journal™: July/August 2009
August 22, 2009 by Bierce & Kenerson, P.C.
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 for commentary on current events.
Insights by Bierce & Kenerson, P.C., Editors. www.biercekenerson.com
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Vol. 9, No. 7 (July/August, 2009)
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1. Outsourcing as a Restructuring Strategy for the Distressed Enterprise.
2. Humor.
3. Conferences.
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1. Outsourcing as a Restructuring Strategy for the Distressed Enterprise. A global recession reduces the demand, and thus the supply, for consumer goods and services. Companies struggling with adverse economic conditions and recurring quarterly losses search for new strategies to reduce the number of employees and capital costs and to free up capital for investment in product development and customer support.
Outsourcing offers an opportunity for phoenix-like rejuvenation for distressed companies and even for government infrastructure services
When should a company consider outsourcing the management of the “infrastructure” of its business operations? Is there any magic in outsourcing when the company is in financial distress? What business and legal considerations apply where the company has lost money for several quarters, faces a continuously depressed economic climate and has been losing customers?
For the complete article, click here.
2. Humor.
Clauses–“Change in Control” (1) a provision governing termination of the relationship when the other party changes from Dr. Jekyll to Mr. Hyde; (2) dissociative identity disorder; (3) changed business relationship due to auditory hallucinations of the personalities inside their mind, depending on who is observing (the customer or the provider).
3. Conferences
July 27-29, 2009, IQPC’s 7th Annual Procure-to-Pay Summit, Boston, Massachusetts. Join Procurement, Accounts Payable and Sourcing professionals at the 7th Procure-to-Pay Summit to discuss new initiatives for procurement including e-procurement and consortium bidding as well as AP optimization approaches like Centralization, Outsourcing and Automation. The program has a new emphasis on Strategic Sourcing and Global Procurement, in addition to discussions on the latest sourcing and purchasing strategies. For more information, please click here.
September 22-23, 2009, American Conference Institute’s 7th Annual Advanced Forum on E-Discovery and Document Management, Philadelphia, Pennsylvania. Be a part of the leading cross-industry e-discovery and information management forum for corporate counsel, litigators, and technology professionals. At a time when most companies are striving to reduce costs and trim staff, the burdens of e-discovery can be crippling. What’s more, court-imposed sanctions for e-discovery failures could very well place you on the losing side of bet-the-company litigation. Given the complexity, variety, and evolving nature of information management and communication technologies, it comes as no surprise that corporate and outside counsel often find themselves at a loss as to how to manage the e-discovery process. Thus, it is imperative that you take the lead in ensuring that your company is well-positioned to manage the demands of e-discovery. For more information, please click here. Newsletter subscribers receive a $200 discount when they reference discount code “OutsourcingLaw.com” when registering.
September 28-October 2, 2009, IQPC and SSON 13th Annual Shared Services & Outsourcing Summit, Chicago, Illinois. Join us at the 13th Annual Shared Services & Outsourcing Summit this fall, the can’t-miss event for all professionals involved with shared services and outsourcing, at every stage of adoption. This customizable program provides the key strategies that you can bring back to your organization, with areas of focus in:
• Innovation & Governance in BPO
• The Behaviors of a Good Partner
• Improving Offshore Performance through Robust Governance
• Standardizing Terms and Finding Continuity
• Negotiation Strategies for Contracting Success
Our Shared Services series attendees agree: the content from just one event vastly accelerates experiential learning and provides the necessary networking opportunities to benchmark against peers. Visit the website for more information, including webcasts, podcasts, articles and other resources. Use “special code” to receive a 20% discount when you register.
October 6-7, 2009, American Conference Institute’s Software Licensing Agreements Event in San Francisco, California. Companies on both sides of the table in software license negotiations are being increasingly confronted with challenges relating to the use and licensing of proprietary products that contain or otherwise incorporate open source code. Coupled with the other core challenges presented by the negotiation of software licensing agreements: IP infringement, warranties, limitations on liability, indemnification, revenue recognition, product development and maintenance, and contract termination, it is imperative to a successful negotiation that one has a process in place to preemptively anticipate, address and quickly resolve these issues when they arise.
To provide you with specific insights into how to confront these and other contentious issues, ACI has assembled an exceptional faculty, including in-house representatives from the major players in this industry who will provide you with the tactical and strategic insights you need to negotiate more lucrative, airtight agreements—whether acting as the licensor or the licensee. For more information, visit our website.
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FEEDBACK: This newsletter addresses legal issues in sourcing of 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: webmaster@outsourcing-law.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: publisher@outsourcing-law.com . Edited by Bierce & Kenerson, P.C. Copyright (c) 2009, 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.