Outsourcing Law & Business Journal™ – July 2012
July 25, 2012 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.
Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.
Vol. 12, No. 6, July 2012
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1. Outsourced Call Center Violates Consumer Protection Laws: Bank Liable for $200 Million.
2. Humor.
3. Conferences.
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1. Outsourced Call Center Violates Consumer Protection Laws: Bank Liable for $200 Million. 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 have a new roadmap for operational excellence. If they neglect the roadmap, they risk legal enforcement action against unfair trade practices, illegal sales scripts, booking sales to unqualified buyers, deceptive bill collection services and abuses in marketing credit cards and other consumer financial products. The roadmap was set forth in a Stipulation and Consent Order against Capital One Bank (U.S.A.), N.A. (the “bank”) in July 2012. For details, click here.
2. Humor.
Script, n. (1) the wording of a planned conversation to guide call center agent’s conversation with a consumer; (2) a tool for unfair deceptive and abusive acts and practices; (3) the path to the consumer’s demand to speak to a call center manager, since the call center agent has no discretion or authority to deviate from the plan.
Compliance Management Program, n. (1) a program to guide the Compliance Officer and all others to avoid deviant, deceptive or illegal behavior; (2) a cottage industry for managing one’s “monkey business” through efficiency experts, process designers, software developers, dashboard readers, process monitors, lawyers, accountants, business advisors, internal and external auditors, whistleblowers, regulators and class-action plaintiffs.
3. Conferences.
September 10-12, 2012, IQPC presents its 13th Annual eDiscovery West Coast Summit, San Francisco, California. Across all industries corporations are experiencing exponential growth in the ESI volumes that must be collected, reviewed, and in some cases, produced in litigation. Requesting, preserving, collecting, processing, and reviewing social media content presents new challenges for organizations of all sizes in litigation and day-to-day records management. IQPC has paid particular attention to these dynamics in crafting this year’s program. You will benefit from an unparalleled mix of thought leaders and industry movers who will shape the future of E-Discovery for years to come. This is a must attend event to keep your organization up to speed on the developments and new horizons in this critical field. For more information on speakers and sessions, click here, download the brochure here or email zachary.weiner@iqpc.com to have it sent straight to your inbox.
Oct 25, 2012, Global Sourcing Council presents 3S Awards 2012, New York, New York. The Sustainable and Socially responsible Sourcing Awards, was conceived by the Global Sourcing Council, a non-profit organization, to honor and celebrate 3S actions taken by the sourcing industry. The GSC 3S Awards recognize exceptional achievements in the global sourcing marketplace by individuals and organizations who exhibit a combination of positive social and economic leadership. The 3S awards will bring to the forefront individuals, start-ups, and companies (e.g. suppliers, buyers and advisory organizations) that have worked to innovate, implement and improve communities/peoples and the environment through Sustainable and Socially Responsible Sourcing practices. Submissions will be accepted until September 1, 2012. Click here for more information.
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FEEDBACK: Since 2001, Outsourcing Law & Business Journal™ has been addressing legal issues in operational excellence in business services through effective sourcing practices and service integration for global and globalizing enterprises. Covered operations include business services in IT, HR, finance and accounting, procurement, logistics, manufacturing and customer relationship management. 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) 2012, 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.
Outsourcing Law & Business Journal™ – June 2012
June 29, 2012 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.
Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.
Vol. 12, No. 5, June 2012
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1. ObamaCare Survives Judicial Death Threat: Impact Of Supreme Court Decision On Offshoring And Outsourcing.
2. Humor.
3. Conferences.
_________________________________________
1. ObamaCare Survives Judicial Death Threat: Impact Of Supreme Court Decision On Offshoring And Outsourcing. 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 create new outsourcing business models? What opportunities arise for new forms of outsourcing services and, indeed, for global entrepreneurship? Click here for our view on the impact, followed by a brief legal summary for those who study constitutional law in the United States.
2. Humor.
Healthcare outsourcing, (n). (1) management of patient care by non-medical service providers; (2) a form of nuclear medicine, for embedding low-radiation, low-cost information technology into medical treatment and for extracting exponential monetary value; (3) IT implant into a diseased organization.
Electronic Medical Record, (n). (1) patient’s medical chart, including the most personal of personal information, etiology, diagnosis and prognosis; (2) metadata for Big Data analytics; (3) litigation fodder for claims of security breach, malpractice, transborder data mismanagement, and cloudy computing.
3. Conferences.
September 10-12, 2012, IQPC presents its 13th Annual eDiscovery West Coast Summit, San Francisco, California. Across all industries corporations are experiencing exponential growth in the ESI volumes that must be collected, reviewed, and in some cases, produced in litigation. Requesting, preserving, collecting, processing, and reviewing social media content presents new challenges for organizations of all sizes in litigation and day-to-day records management. IQPC has paid particular attention to these dynamics in crafting this year’s program. You will benefit from an unparalleled mix of thought leaders and industry movers who will shape the future of E-Discovery for years to come. This is a must attend event to keep your organization up to speed on the developments and new horizons in this critical field. For more information on speakers and sessions, click here, download the brochure here or email zachary.weiner@iqpc.com to have it sent straight to your inbox.
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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) 2012, 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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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. 12, No. 5, June 2012
__________________________________________
1.
2. Humor.
3. Conferences.
________________________________________
1. 1. ObamaCare Survives Judicial Death Threat: Impact Of Supreme Court Decision On Offshoring And Outsourcing. 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 create new outsourcing business models? What opportunities arise for new forms of outsourcing services and, indeed, for global entrepreneurship? Visit http://www.outsourcing-law.com/2012/06/obamacare-survives-impact-of-supreme-court-decision-on-offshoring-and-outsourcing/ for our view on the impact, followed by a brief legal summary for those who study constitutional law in the United States
2. Humor.
Healthcare outsourcing (n). (1) management of patient care by non-medical service providers; (2) a form of nuclear medicine, for embedding low-radiation, low-cost information technology into medical treatment and for extracting exponential monetary value; (3) IT implant into a diseased organization.
Electronic Medical Record (n). (1) patient’s medical chart, including the most personal of personal information, etiology, diagnosis and prognosis; (2) metadata for Big Data analytics; (3) litigation fodder for claims of security breach, malpractice, transborder data mismanagement, and cloudy computing.
3. Conferences.
September 10-12, 2012, IQPC presents its 13th Annual eDiscovery West Coast Summit, San Francisco, California. Across all industries corporations are experiencing exponential growth in the ESI volumes that must be collected, reviewed, and in some cases, produced in litigation. Requesting, preserving, collecting, processing, and reviewing social media content presents new challenges for organizations of all sizes in litigation and day-to-day records management. IQPC has paid particular attention to these dynamics in crafting this year’s program. You will benefit from an unparalleled mix of thought leaders and industry movers who will shape the future of E-Discovery for years to come. This is a must attend event to keep your organization up to speed on the developments and new horizons in this critical field. For more information on speakers and sessions, visit http://www.e-discoveryevent.com/Event.aspx?id=773292, download the brochure here http://www.e-discoveryevent.com/redForms.aspx?id=773282&pdf_form=1 or email zachary.weiner@iqpc.com to have it sent straight to your inbox.
October 21-23, 2012, SSON 7th Annual Shared Services Exchange, California. The Shared Services Exchange is the elite event for senior level shared services and sourcing practitioners who are evolving their service delivery strategies, capabilities and operations. The content agenda goes far beyond the typical cost cutting transaction machine to a program designed with transformation in mind and adding value to the business. With tremendous growth and interest in Shared Services, IQPC Exchange will be continuing its ongoing tradition of offering cutting-edge, interactive learning opportunities for pre-qualified practitioners. This unique event combines topical sessions, one-on-one business meetings and strategic networking opportunities allowing you to maximize your time out of the office. Request your invitation by emailing naexchange@iqpc.com or calling 1-800-398-1966. For more information, visit http://www.sharedservicesexchange.com/Event.aspx?id=720620&utm_campaign=banner&utm_medium=banner&utm_source=outsourcing-law.com&utm_content=home&utm_term=text&MAC=7SSE_OutsourcingLaw
Oct 25, 2012, Global Sourcing Council presents 3S Awards 2012, New York, New York. The Sustainable and Socially responsible Sourcing Awards, was conceived by the Global Sourcing Council, a non-profit organization, to honor and celebrate 3S actions taken by the sourcing industry. The GSC 3S Awards recognize exceptional achievements in the global sourcing marketplace by individuals and organizations who exhibit a combination of positive social and economic leadership. The 3S awards will bring to the forefront individuals, start-ups, and companies (e.g. suppliers, buyers and advisory organizations) that have worked to innovate, implement and improve communities/peoples and the environment through Sustainable and Socially Responsible Sourcing practices. Submissions will be accepted until September 1, 2012. Visit http://www.gsc3sawards.com/index.php for more information.
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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) 2012, 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.