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Outsourcing Law & Business Journal™: May 2010

May 18, 2010 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

Editor’s Note:

In the aftermath of the recession, government regulators are looking at new ways to protect the financial information of consumers and businesses alike.  This issue examines the potential impact of what a new Consumer Financial Protection Agency Act  could mean for service providers, enterprise customers, and related outsourcers.

Vol. 10, No. 5 (May 2010)
_______________________________

1.  Financial Services Outsourcing: New Roles and Risks under a Consumer Financial Protection Agency. The financial services industry is facing major regulatory changes following the global sub-prime credit crisis and ensuing recovery plans.  These changes will have a major impact on outsourcers that deal with consumer financial information or in back-office support for financial investment transactions that are deemed unfair, deceptive or abusive.  The adoption of a new Consumer Financial Protection Agency Act would not only have a significant negative impact on the risks and costs of outsourcing of IT and business process functions by companies that deal with consumers.  It would invite a new view of risk allocation between enterprise customers and independent contractors as outsourcers, increasing the costs of doing business by putting the service provider into a new role of whistleblower.  It remains to be seen whether the analysis of public policy in this arena will spill over into other industries and other types of outsourcing.   For the complete article, http://www.outsourcing-law.com/2010/05/financial-services-outsourcing-new-roles-and-risks-under-a-consumer-financial-protection-agency/

2.  Online Form Builder for Consumer Privacy Notices. The privacy of consumer financial transactions was a cornerstone of the Gramm-Leach-Bliley Act (GLB).  Eight U.S. federal regulators are responsible for enforcing the GLB privacy rule….On April 15, 2010, the eight federal regulators released an Online Form Builder that regulated financial institutions can download and use to develop and print customized versions of a model consumer privacy notice.  For more see this link: http://www.outsourcing-law.com/2010/05/online-form-builder-for-consumer-privacy-notices/

3.  Humor.

Consultant, n.  (1) one who participates materially in the conduct of the client’s business without being a manager; (2) one who freely advises on the why and how without being responsible for the who, the what or the when; (3) aider and abettor.

Innovation, n. (1) a novel idea that benefits the client, employer or the consumer but rarely benefits the innovator; (2) joint venture in crime against the unprotected consumer.

Recklessness, n.  (1)  actions taken without regard to the impact on others; (2) transgression across the fine line between following instructions and challenging the validity of the instructions; (3) in the supply chain, any Faustian partnership between enterprise customer and its service providers.

4.  Conferences.

June 6-8, 4th Annual IQPC Shared Services Exchange™, Austin, Texas, United States, an elite event for shared services executives who are looking to develop new strategy, solve challenges and source partners that will allow them to create efficiency and drive more value out of their shared services centers.

This event will continue IQPC Exchange’s ongoing tradition of offering cutting-edge, strategic networking and learning opportunities for senior level shared services executives, combining conference sessions, one-on-one business meetings and numerous networking functions to allow executives to speak with their peers. With pre-scheduled one-on-one advisory meetings and personalized itineraries, the Shared Services Exchange™ provides the opportunity to create an agenda that directly reflect the goals and initiatives of participating executives.

To request a complimentary delegate invitation or for information on solution provider packages, please contact: exchange@iqpc.com, call 1-866-296-4580 or visit their website at http://www.sharedservicesexchange.com/

June 15, 2010.   FSO Knowledge Xchange is hosting the 4th Annual Financial Services Industry Transformation and Outsourcing Strategies Forum in New York, NY, a premier event focused on the ongoing evolution and transformation in the financial services industry. This forum will bring together senior decision makers, leaders and practitioners from the financial services industry, service providers, law firms, regulators, and outsourcing enablers in an interactive environment.  This forum will focus on the emerging trends, analysis, executive perspectives, and enterprise case studies in the domain of financial services outsourcing.  The forum will have sessions that will be conducted by established thought leaders in the industry.  Register today by calling 732-462-3763 or visit http://www.fsokx.com/fsokx/FSITOForum2010/Introduction.aspx

July 14-16, 2010.  IQPC Presents Shared Services for Finance and Accounting, Chicago, Illinois. The SSFA 2010 Summit brings together leading financial shared services experts to network, benchmark and learn through keynote presentations, interactive roundtables, case studies and discussion panels. This program will help you improve internal accounting processes, maximize your efficiency with less resources, make smarter sourcing decisions, and drive continuous value through your financial services.  For more information, visit http://www.sharedservicesfa.com/Event.aspx?id=314126

September 26-28, 2010.  IQPC Shared Services Exchange™ Event, 2nd Annual, to be held in The Hague, Netherlands. Shared Service Centres have long been seen as the cost saving centre of HR, Finance & Accounting and IT processes, but with changing employment trends and global challenges facing organisations, how can SSC’s continually offer service value?

Unlike typical conferences, the Shared Services Exchange™ , which will be co-located with the Corporate Finance Exchange™,  focuses on networking, strategic conference sessions and one-on-one meetings with solution providers. The Exchange invites strategic decision makers to take a step back from their current operations, see what strategies and solutions others are adopting, develop new partnerships and make investment choices that deliver innovative solutions and benefits to their businesses.

To request your complimentary delegate invitation or for information on solution provider packages, please contact: exchangeinfo@iqpc.com, call +44 (0) 207 368 9709, or visit their website at http://www.sharedservicesexchange.co.uk/Event.aspx?id=263014

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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: 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) 2010, 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™: Feb/March 2010

March 20, 2010 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

Editor’s Note: Back by popular demand, we are repeating  our Webinar on Sourcing of Global Talent on Tuesday, March 23, 2010.  If you missed this event last November, you can register for it now by clicking here.   This webinar will discuss the human capital management for the contingent workforce in our current economic climate. The speakers will address issues in designing a contingent workforce strategy, managing this contingent workforce, effective governance and the managing risks and legal issues that arise with the implementation of such a workforce using internal and external resources.

Managing Knowledge, Compliance and Legal Risks in Sourcing of Global Talent
A webinar, Tuesday, March 23, 2010, 11 AM Eastern Daylight Time U.S. (45 minutes)
Speakers:
· William B. Bierce, Esq., Bierce & Kenerson, P.C. – outsourcing lawyer
· Chris Nuttall, PA Consulting, Member of PA’s Management Group
· Larry Scinto, PA Consulting, Managing Consultant

Vol. 10, No. 2 (Feb/March 2010)
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1.  How to Achieve Innovation Through Outsourcing: Shifting the Paradigm.

2. U.S.-India Bilateral Cooperation on Trade and Investment:  Impact of Joint “Framework” upon Global Services Industries.

3. Humor.

4. Conferences
_______________________________

1.    How to Achieve Innovation Through Outsourcing: Shifting the Paradigm. Can an enterprise customer get real innovation through outsourcing?    It depends.  After looking at a case study in contract manufacturing and finance and accounting outsourcing, we can draw some lessons on the squeaky wheel that will need lubrication beyond effective governance.

New Product Development.  Recently, Bierce & Kenerson, P.C. was engaged by a global enterprise to assist in a two-phase deal with a supplier.   In phase one, the parties entered into an agreement for the joint development of a new type of product to retrofit an old product using new energy-efficient technology.  In phase two, the enterprise customer agreed to either buy the new product from the supplier or to pay a royalty for the value of the supplier’s intellectual property and development efforts.  The risk of failure was essentially nil, since the enterprise customer could have developed the product alone.   Yet it chose to work in tandem with the supplier to achieve a speedier path to market  for a hot product with a big potential demand in order to avoid loss of market share to well-financed agile competitors.

The contract development process took much longer than the product development process….For the complete article, please click here.

2. U.S.-India Bilateral Cooperation on Trade and Investment:  Impact of Joint “Framework” upon Global Services Industries. On March 17, 2010, the U.S. and India signed a “Framework for Cooperation on Trade and Investment” to strengthen bilateral economic cooperation.  The three-page agreement is short on details and relies upon inter-ministerial meetings and “Focus Groups” to identify and overcome impediments to bilateral l trade and investment.   Five Focus Groups cover agriculture, innovation and creativity, investment, service industries and tariff and non-tariff barriers to bilateral trade in goods.   The Framework agreement responds to a number of complaints by American businesses about the Indian legal framework governing intellectual property protections.  For the complete article, click here.

3.  Humor.

Innovation, n. (1) an improvement that is clearly better than mere continuous improvement; (2) any cost saving that merits a special reward; (3) a joint venture in “process management” clothing.

Framework agreement, n.  (1) a house with wall-size windows and no roof; (2) statement of work for unspecified deliverables; (3) a milestone with no end in sight.

Investor, n. (1) someone willing to give up a sure thing in the hope for a better sure thing; (2) hostage to hope; (3) optimist.

Investor protection, n. (1) shield for avoiding an instant capital loss; (2) a one-handed wind-shifter.

Publicity, n.  (1) good news, even if it’s bad news; (2) bad news when it’s not good news; (3) what a public figure craves but a private individual avoids.

4.  Conferences.

March 22-26, 2010, SSON presents the 14th Annual North American Shared Services & Outsourcing Week, Orlando, FL.  This event goes above and beyond the typical conference, with 8 tracks, 13 workshops/site tour, 1 Master Class, the Shared Services Excellence Awards and 7+ hours of networking!  This year, the platform has been completely revitalized and revamped, featuring raw and honest onstage interviews to the “no personal agendas” G8 Panel discussions.  The expert speaker faculty comes from leading companies including Coca-Cola, NASA, General Motors, Unilever, AstraZeneca, Schering-Plough, CA, Microsoft, Orbitz Worldwide and more!  View the complete agenda on http://www.sharedservicesweek.com/brochure.php.

Receive an exclusive 20% discount with special code SSW-MP10.  Contact Kim Vigilia at kim.vigilia@iqpc.com.

March 25-26, 2010, American Conference Institute’s 4th National Forum on Reducing Legal Costs, Dallas, Texas.  This essential cross-industry benchmarking forum gathers together more than 30 senior corporate counsel and legal sourcing managers responsible for cost-reduction success stories, as well as leaders from law firms who are pioneers in the alternative fee world, to guide those in attendance on the complexities of keeping legal department costs in check. Now in its fourth installment, this event also offers unique networking opportunities with senior practitioners in the field, includingin-house counsel across a wide spectrum of companies and industries. For more information, visit their website.

April 26-28, 2010, Legal IQ and IQPC present its 9th Annual eDiscovery Conference, San Francisco, California, bringing industry leaders together to explore eDiscovery project management, best practices for preserving and producing ESI, defending keyword searches, and protecting privileged ESI.  Topics include:

• Cloud Computing and eDiscovery – What’s in it for you?
• Emerging Technologies and Social Networking: Ethics and New Challenges
• New Models and Structures for Managing eDiscovery
• Statistical Validation and Data Analytics in eDiscovery
• Protecting Privileged Communications and Rule 502
• Vendor Partnership and What Happens After the End of Litigation
• ESI Preservation and Collections

Outsourcing-law.com subscribers receive a 20% discount off All-Access conference pricing using code IUS_OSL_#5.  Click here to get more information.

May 10-12, IQPC’s 7th Annual HR Shared Services and Outsourcing Summit, Chicago, Illinois. This event will be a gathering for corporate HR & shared services executives from companies across North America to exchange ideas, develop new partnerships and discuss the latest tools, technologies and strategies being employed in the profession to enhance departmental efficiencies and propel corporate growth.  The event will focus on the most current topics in the HR shared services industry including metrics, automation, outsourcing, globalization, compensation & rewards, benefits and an overall focus on the new strategic role of HR shared services.how to tackle change management, analyze current and future projects and further develop the instrumental key areas within HR shared services.  Visit their website to register and get more information.

May 17-19, IQPC presents its Information Retention & E-Disclosure Management Summit, London, UK. This is Europe’s premier event in this field, designed to help you steer your organisation successfully through lawsuits and regulatory inquiries.  Topics include:

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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.comThe 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) 2010, 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™: January 2010

January 25, 2010 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

Editor’s Note: As we welcome 2010, we continue to develop our newly re-launched Outsourcing-Law.com™ website and e-newsletter! We invite your feedback on the new Beta site as well as your contributions of content on international jurisdictions or legal issues in governance, risk management and compliance. Please contact us.

Vol. 10, No. 1 (January, 2010)
___________________________

1. Cyber Security Threat Management in Outsourcing: The Coming National Security Regulation of ITO, BPO and KPO.

2. Social Security Tax Agreements: The Cost of Expatriate Workers.

3. Humor.

4. Conferences/Webinar.
_______________________________
1. Cyber Security Threat Management in Outsourcing: The Coming National Security Regulation of ITO, BPO and KPO. Imminent national regulation of Internet-based services will impact all companies that use the Internet for project management, collaboration, and remote transaction processing. Google and China have precipitated a showdown that may cause the nationalization of Internet regulation, with many consequences on the freedom and costs of running a global business or servicing customers remotely. The showdown highlights the fact that cybersecurity threats come from many sources, including  foreign nation states, domestic criminals and hackers and disgruntled employees….

Cybersecurity is a critical foundation for any country’s national security and economic security and, indirectly, global trade in IT-enabled services and in the global supply chain….In global sourcing, cyber security is an essential commitment by anyone business seeking to acquire and be a trusted custodian of personally identifiable information (“PII”). If enterprises (“data controllers” under the European Union Data Protection Directive) are going to gather PII and contract with service providers (“data processors”) to process it, the risk of cyber attacks frames the debate on risk allocation, roles, responsibilities, pricing and process integration.

For all participants in the outsourcing industry, it’s time to fresh look at legal structures and financial implications of cybersecurity. For the complete article, click here.

2. Social Security Tax Agreements: The Cost of Expatriate Workers. Whenever citizens of one country set up operations or perform services in another country, they face the challenge of dual taxation. Dual taxation can be particularly oppressive where two countries tax the same income, or require payments of some form of tax on the same business activities. To avoid such burdens, model income tax treaties and estate tax treaties have evolved under the aegis of the OECD. Other treaties may apply to allow workers from one country to avoid paying social security to the government of another country. This article addresses the question whether bilateral social security tax agreements have a material impact on mobility of technical service workers moving between a service delivery center (such as India) and a service recipient’s facilities (such as in the United States). Click here to see the entire article.

3. Humor.

Cybersecurity, n. (1) a locked door; (2) an open door with pass key; (3) trust; (4) hope.

4. Conferences/Webinar.

January 22, 2010, Webinar on How Can You Leverage An Economic Development Group In Your Global Sourcing Strategy? Presented by Global Sourcing Council. Eric Hochstein of the Ontario Ministry of Economic Development and Trade will discuss the pros and cons of near-shore sourcing and the socially responsible aspects of sourcing to Canadanderstanding how successful and growing partnerships between companies in the United States and Canada have strengthened businesses on both sides of the border and around the world. To register, please click here.

January, 24-26, 2010, IQPC Business Process Outsourcing and Shared Services Exchange 2010, San Diego, California. This is an invitation-only gathering for VP and C-Level senior Shared Services and Outsourcing executives made up of highly crafted, executive level conference sessions, interactive “Brain Weave” discussions, engaging networking opportunities and strategic one-on-one advisory meetings between solution providers and delegates. With a distinguished speaking faculty from McGraw-Hill, Ingram Micro and Pfizer, amongst others, the seats at the 2010 Exchange are limited and filling up quickly. We have limited complimentary invitations available for qualified delegates for a limited time. Please give us your reference ‘Outsourcing Law’ when inquiring. There are solution provider opportunities also available for companies who want to be represented. You can request your invitation at exchange@iqpc.com, call at 1866-296-4580 or visit their website.

January 28-29, 2010, Global Services Conference, Jersey City, New Jersey. Through the entire episode of the global economic meltdown, the global outsourcing services industry has seen the rise of a group of suppliers who are redefining many traditional management practices; changing the long-standing model for contracting offshore services; collaborating with clients in new ways; and gaining more control over outsourcing strategies. This conference focuses on these changes in the global services model and the learning from this period. OSL subscribers qualify for a special rate. Use code GSCOLJ for free/ complimentary registration to buyers. Buyers include buyers of outsourcing and offshoring services in IT and BPO. For more information, visit their website.

February 15-17, IAOP’s 13th Annual 2010 Outsourcing World Summit, Lake Buena Vista, Florida. This event is designed for outsourcing executives from across the industry and around the world who are seeking the very latest insights and ideasand is themed as “Using Outsourcing to Emerge as a Leader in the New Global Economy”. Educational sessions deliver specific actionable solutions to current challenges faced by experienced professionals. Case studies feature actual experiences and the lessons learned, feature new ideas, approaches and opportunities. For more information, click here.

February 22-24, 2010, SSON and IQPC 8th Procure-to-Pay Summit, Miami, Florida focuses on “Fostering Smart Partnerships to Optimize Cash Flow and Deliver Positive Business Outcomes from End to End.” This Summit is all about making the most of your smart partnerships to increase cash flow and improve business outcomes as companies move away from a reactionary mode toward sustainable practices. While we may not yet be out of the woods, so to speak, it is clear that the economic landscape in 2009 has created opportunities for companies to create new synergies with their P2P partners to help promote growth for 2010 and beyond. For more information, click here.

February 24-25, 2010, IQPC’s 3rd E-Discovery for Financial Services Conference, New York, New York. Learn the Best Review, Retention and Destruction Procedures to Cut Costs and Response Time During a Financially Troubled Economy. This event examines, from the unique perspective of high-level financial executives, how the challenges of each financial sector intersect with e-discovery proceedings and processes. View the complete program agenda at www.ediscoveryevent.com/finance.

March 22-26, 2010, SSON presents the 14th Annual North American Shared Services & Outsourcing Week, Orlando, FL. This event includes speakers from top companies: Aramark, Arbys/Wendy’s, AstraZeneca, Chevron, Coca-Cola, Conagra Foods, General Motors, Kellogg, Kraft, Microsoft, Monster, NASA, Northrop Grumman, Oakley, Perdue Farms, Schering Plough, Warner Brothers and more. It will include new and enhanced features:

* G8: Global Sourcing Think Tank Eliminating the White Noise: The first ever neutral platform to help shape a common industry agenda in the US
* Under the C-Suite Spotlight with Rene Carayol, An Exclusive Onstage CXO Interview: Board-room revelations regarding shared service & sourcing model strategy
* New, Strong, Business Outcome-Focused Content: 8 content-intense tracks, from Planning & Launching and BPO Evolution to IACCM’s Contracting to Collaboration
* Enhanced Annual Features: Quick Wins Energizers, Speed Networking, Blue Sky Innovation Room for Mature SSO’s, and more.

Please contact Kim Vigilia directly at 1-212-885-2753 or at kim.vigilia@iqpc.com with your special code IUS_OSL_#1 to get a 20% discount off the all-access pass. You can also visit the website at www.sharedservicesweek.com.

March, 25-26, 2010, American Conference Institute’s 4th National Forum on Reducing Legal Costs, Dallas, Texas. This essential cross-industry benchmarking forum gathers together more than 30 senior corporate counsel and legal sourcing managers responsible for cost-reduction success stories, as well as leaders from law firms who are pioneers in the alternative fee world, to guide those in attendance on the complexities of keeping legal department costs in check. Now in its fourth installment, this event also offers unique networking opportunities with senior practitioners in the field, includingin-house counsel across a wide spectrum of companies and industries. For more information, visit their 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.comThe 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) 2010, 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™: December 2009

December 23, 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

Season’s Readings (and Greetings) from Bierce & Kenerson, PC, Outsourcing-Law.com and our E-newsletter.
Holiday Greetings and welcome to this first edition of an exciting re-launched Outsourcing-Law.com™ website and e-newsletter!  We want your feedback on the new Beta site as well as your contributions of content on international jurisdictions or legal issues in governance, risk management and compliance.  Please contact us.  See you in the New Year!

Vol. 9, No. 12 (December, 2009)

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1.  E-Discovery and Legal Process Outsourcing: EDRM Process Design and Choices between Outsourcing vs. Insourcing

2.  When is a Contractual Limitation of Liability Invalid and Unenforceable?  American Public Policy Exceptions to Exculpatory Clauses in Telecommunications.

3.  Humor.

4.  Conferences.

_______________________________

1.  E-Discovery and Legal Process Outsourcing: EDRM Process Design and Choices between Outsourcing vs. Insourcing. State and federal rules of civil procedure and emerging common law of the discovery process impose significant costs on businesses that are engaged in litigation. Pre-trial “discovery” serves to narrow the issues in dispute by forcing the disclosure of records, including electronically stored information (“ESI”) for judicial economy, to narrow the scope of disputed issues for adjudication (such as through motions for partial summary judgment, admissions and prior inconsistent statements), and to speed the actual trial process. E-discovery has become a daily challenge for the General Counsel, the CIO, the COO and the Risk Management Department. They face a choice of policies, procedures and technologies for insourcing (such as by using forensic software and employed staff) or outsourcing for electronic records discovery management (“EDRM”) in e-discovery. This article explores some of the differences between insourcing and outsourcing in terms of records management / EDRM, legal requirements for protection and production of electronic records, project management in forensic record examination, litigation readiness, knowledge management, risk management, ethics and legal compliance.  To see the complete article, please click here.

2. When is a Contractual Limitation of Liability Invalid and Unenforceable?  American Public Policy Exceptions to Exculpatory Clauses in Telecommunications. An essential element of risk management in any commercial contract for the sale of services or goods is the clause limiting the vendor’s liability.  In the sale of goods, the policy limitations are set forth in the Uniform Commercial Code, which invalidates clauses that deprive the customer of an “essential remedy” or the clause is part of an abuse of a consumer under a contract of adhesion, and under the federal Magnuson-Moss Warranty Act and similar state laws. In the sale of services, the policy limitations reflect common law, which may include a judicial analysis of regulations and the fundamental nature of the relationship between the service provider and the enterprise customer.

A decision by a New York State Supreme Court judge in November 2009 highlights the limits on exculpatory clauses under American jurisprudence under principles of gross negligence, willful misconduct, “special duty,” breach of the implied covenants of good faith and fair dealing and prima facie tort. In addition, other legal theories – such as fraud, intentional interference with business relationship, negligent misrepresentation, breach of the implied duty of good faith and fair dealing and prima facie tort – might not be available to enterprise customers for a simple failure by the service provider to deliver proper accounting information relating to its services.  Click here for the complete article.

3. Humor.

Legal Process Outsourcing, n. (1) everything legal but not done by a lawyer; (2) everything done by a lawyer but not legal in your jurisdiction; (3) everything non-legal but legal because it’s paralegal.

Contract, n. (1) an enforceable expression of the meeting of the minds; (2) a meeting of the wallets

4.  Conferences.

January, 24-26, 2010, IQPC Business Process Outsourcing and Shared Services Exchange 2010, San Diego, California. This is an invitation-only gathering for VP and C-Level senior Shared Services and Outsourcing executives made up of highly crafted, executive level conference sessions, interactive “Brain Weave” discussions, engaging networking opportunities and strategic one-on-one advisory meetings between solution providers and delegates. With a distinguished speaking faculty from McGraw-Hill, Ingram Micro and Pfizer, amongst others, the seats at the 2010 Exchange are limited and filling up quickly. We have limited complimentary invitations available for qualified delegates for a limited time. Please give us your reference ‘Outsourcing Law’ when inquiring. There are solution provider opportunities also available for companies who want to be represented. You can request your invitation at exchange@iqpc.com, call at 1866-296-4580 or visit their website.

January 28-29, 2010, Global Services Conference, Jersey City, New Jersey. Through the entire episode of the global economic meltdown, the global outsourcing services industry has seen the rise of a group of suppliers who are redefining many traditional management practices; changing the long-standing model for contracting offshore services; collaborating with clients in new ways; and gaining more control over outsourcing strategies. This conference focuses on these changes in the global services model and the learning from this period.  For more information, visit their website

February 22-24, 2010, SSON and IQPC 8th Procure-to-Pay Summit, Miami, Florida focuses on “Fostering Smart Partnerships to Optimize Cash Flow and Deliver Positive Business Outcomes from End to End.”  This Summit is all about making the most of your smart partnerships to increase cash flow and improve business outcomes as companies move away from a reactionary mode toward sustainable practices.  While we may not yet be out of the woods, so to speak, it is clear that the economic landscape in 2009 has created opportunities for companies to create new synergies with their P2P partners to help promote growth for 2010 and beyond.  For more information, click here.

February 24-25, 2010, IQPC’s 3rd E-Discovery for Financial Services Conference, New York, New York. Learn the Best Review, Retention and Destruction Procedures to Cut Costs and Response Time During a Financially Troubled Economy. This event examines, from the unique perspective of high-level financial executives, how the challenges of each financial sector intersect with e-discovery proceedings and processes. View the complete program agenda at www.ediscoveryevent.com/finance.

March 22-26, 2010, SSON presents the 14th Annual North American Shared Services & Outsourcing Week, Orlando , FL. Here’s a sneak peek of new and enhanced features, which include:

• Speakers from Top Companies:Aramark, Arbys/Wendy’s, AstraZeneca, Chevron, Coca-Cola, Conagra Foods, General Motors, Kellogg, Kraft, Microsoft, Monster, NASA, Northrop Grumman, Oakley, Perdue Farms, Schering Plough, Warner Brothers and more
• G8: Global Sourcing Think Tank Eliminating the White Noise:  The first ever neutral platform to help shape a common industry agenda in the US
• Under the C-Suite Spotlight with Rene Carayol, An Exclusive Onstage CXO Interview : Board-room revelations regarding shared service & sourcing model strategy
• New, Strong, Business Outcome-Focused Content : 8 content-intense tracks, from Planning & Launching and BPO Evolution to IACCM’s Contracting to Collaboration
• Enhanced Annual Features: Quick Wins Energizers, Speed Networking, Blue Sky Innovation Room for Mature SSO’s, and more.

Please contact Kim Vigilia directly at 1-212-885-2753 or at kim.vigilia@iqpc.com with your special code IUS_OSL_#1 to get a 20% discount off the all-access pass. You can also visit the website at www.sharedservicesweek.com.

March, 25-26, 2010, American Conference Institute’s 4th National Forum on Reducing Legal Costs, Dallas, Texas. This essential cross-industry benchmarking forum gathers together more than 30 senior corporate counsel and legal sourcing managers responsible for cost-reduction success stories, as well as leaders from law firms who are pioneers in the alternative fee world, to guide those in attendance on the complexities of keeping legal department costs in check. Now in its fourth installment, this event also offers unique networking opportunities with senior practitioners in the field, includingin-house counsel across a wide spectrum of companies and industries.  For more information, visit their website.

******************************************

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.

Outsourcing Law & Business Journal™:November 2009

December 21, 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. www.biercekenerson.com

Vol. 9, No. 11 (November, 2009) Last Opportunity to Register – Webinar on Sourcing of Global Talent

Managing Knowledge, Compliance and Legal Risks in Sourcing of Global Talent
Thursday November 17, 2009, 11 A.M. – 12 Noon, Eastern Daylight Time U.S.

Speakers:

• William B. Bierce, Esq., Bierce & Kenerson, P.C. – Outsourcing Lawyer
• Larry Scinto, PA Consulting, Managing Consultant
• Neil McEwen, PA Consulting, Managing Consultant

Agenda. This webinar will discuss the human capital management for the contingent workforce in our current economic climate. The speakers will address issues in designing a contingent workforce strategy, managing this contingent workforce, effective governance and the managing risks and legal issues that arise with the implementation of such a workforce. In this webinar, some of the questions that will be discussed are:

• How do I put together an effective contingent workforce strategy to optimize my investment in contingent labor?
• How do I ensure that my business customers are engaged in the case for change and buy-in to common technology, process, policy and governance?
• How do I govern multiple providers and ensure effective performance and value for my investment?
• What technologies should I be using to track provider/contingent worker utilization and performance?
• How do I ensure that legal/regulatory/compliance risks are recognized and managed in all geographies where I operate?
• How do I ensure that there is effective governance across the entirety of my contingent workforce?
• How do I manage risk and compliance issues that arise through the implementation of a contingent workforce?

This webinar is by invitation only. To register, please click here. _________________________________________________________________________
1.  “ObamaCare”: Promotion of Automation, Offshore Outsourcing and Job Losses; Penalizing Foreign Companies Based in Tax Havens (and Other Non-Treaty Countries).

2.  Humor.

3.  Conferences.
____________________________________________________________________________________

1. “ObamaCare”: Promotion of Automation, Offshore Outsourcing and Job Losses; Penalizing Foreign Companies Based in Tax Havens (and Other Non-Treaty Countries). If enacted, President Obama’s healthcare reform would probably hurt domestic employment and accelerate automation, outsourcing and offshoring. It would change the economic incentives for keeping service industries in America. And it would hurt foreign-owned businesses whose ultimate parent company is based in a tax haven or other country that has no U.S. income tax treaty.   On November 6, 2009, by a paper-thin margin of 220 votes to 215, the U.S. House of Representatives passed the “ Affordable Health Care for America Act,”H.R. 3962, the 1,990-page health care reform law that has been frequently called “ObamaCare.” If substantially adopted by the Senate and passed into law, the bill would impose significant new burdens on employers and self-employed persons.  For the complete article, please click here.

2.  Humor.

Healthcare reform, n.  (1) a plan to make healthcare “affordable” in America by making employment less affordable.

Independent contractor, n.  (1) a staffing company, outsourcing service provider or personal service company working on projects under a defined scope, subject to change control procedures and never under the direction or control of the enterprise customer except by contract revision; (2) a free spirit, within the freedom of the statement of work.

3. Conferences.

December 6-8, 2009, IQPC and SSON’s 4th European Shared Services Exchange, The Hague, Netherlands. Following the success of our Shared Services Exchanges in North America we are now launching the new format for Europe, bringing together senior level conference topics in a highly productive and interactive meeting platform. The 4th European Shared Services Exchange is an invitation-only gathering for VP and C-Level senior Shared Services executives from successful European organizations. With a distinguished speaking faculty from Dell, Lafarge and Microsoft amongst others, the seats at the 2009 Exchange are limited and filling up quickly. We have limited complimentary invitations available for qualified delegates for a limited time. Please give us your reference when inquiring. There are solution provider opportunities also available for companies who want to be represented. You can request your invitation at exchange@iqpc.com or call us at 1866-296-4580. Visit the website for more information.

December 7-9, 2009, Legal IQ and IQPC’s 8th Annual E-Discovery Conference in New York, New York. Legal IQ and IQPC present the 8th eDiscovery event this December in New York City. Bringing industry leaders together to explore current risks, opportunities and challenges facing eDiscovery, this event will offer best practices and possible solutions to the ever remaining question: How can we lower our costs? This event goes beyond the traditional basics by examining the critical, high level, and strategic issues. Some of the topics to be addressed by the expert speaker faculty will be:

• Organizing an effective records program by tapping into existing resources
• Developing a litigation preparedness plan
• Determining judges’ priorities when eDiscovery conflicts arise
• Aligning the interests of IT, inhouse and outside counsel
• Handling eDiscovery via social media sites and other new sources of ESI
• Controlling the cost of review while maintaining defensibility
• Saving money by employing Early Case Assessment tools and new technologies

For more information and to register for this event, please click here.

January, 24-26, 2010, IQPC Business Process Outsourcing and Shared Services Exchange 2010, West Coast, USA. This is an invitation-only gathering for VP and C-Level senior Shared Services and Outsourcing executives made up of highly crafted, executive level conference sessions, interactive “Brain Weave” discussions, engaging networking opportunities and strategic one-on-one advisory meetings between solution providers and delegates. With a distinguished speaking faculty from McGraw-Hill, Ingram Micro and Pfizer, amongst others, the seats at the 2010 Exchange are limited and filling up quickly. We have limited complimentary invitations available for qualified delegates for a limited time. Please give us your reference ‘Outsourcing Law’ when inquiring. There are solution provider opportunities also available for companies who want to be represented. You can request your invitation at exchange@iqpc.com, call at 1866-296-4580 or visit their website.

February 22-24, 2010 ,SSON and IQPC 8th Procure-to-Pay Summit, Miami, Florida. Join Procurement, Accounts Payable and Sourcing professionals at the 8th Procure-to-Pay Summit to discuss new initiatives for procurement as IQPC and SSON continues with its Procure-to-Pay series in 2010. More information will be available shortly. In the interim, check out what happened at the 7th P2P Summit this past summer.

March 22-26, 2010, SSON presents the 14th Annual North American Shared Services & Outsourcing Week, Orlando, FL. Here’s a sneak peek of new and enhanced features, which include:

• Speakers from Top Companies:Aramark, Arbys/Wendy’s, AstraZeneca, Chevron, Coca-Cola, Conagra Foods, General Motors, Kellogg, Kraft, Microsoft, Monster, NASA, Northrop Grumman, Oakley, Perdue Farms, Schering Plough, Warner Brothers and more
• G8: Global Sourcing Think Tank Eliminating the White Noise: The first ever neutral platform to help shape a common industry agenda in the US
• Under the C-Suite Spotlight with Rene Carayol, An Exclusive Onstage CXO Interview: Board-room revelations regarding shared service & sourcing model strategy
• New, Strong, Business Outcome-Focused Content: 8 content-intense tracks, from Planning & Launching and BPO Evolution to IACCM’s Contracting to Collaboration
• Enhanced Annual Features: Quick Wins Energizers, Speed Networking, Blue Sky Innovation Room for Mature SSO’s, and more.

Please contact Kim Vigilia directly at 1-212-885-2753 or at kim.vigilia@iqpc.com with your special code IUS_OSL_#1 to get a 20% discount off the all-access pass. You can also visit the website at www.sharedservicesweek.com.

Outsourcing Law & Business Journal™: October 2009

October 29, 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. www.biercekenerson.com […]

Outsourcing Law & Business Journal™: September 2009

October 29, 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. www.biercekenerson.com

Vol. 9, No. 8 (September, 2009)

Special Notice – Webinar on Sourcing of Global Talent

Managing Knowledge, Compliance and Legal Risks in Sourcing of Global Talent
Thursday November 5, 2009, 11 A.M. – 12 Noon, Eastern Daylight Time U.S.

Speakers:

• William B. Bierce, Esq., Bierce & Kenerson, P.C. – outsourcing lawyer
• Larry Scinto, PA Consulting, Managing Consultant
• Neil McEwen, PA Consulting, Managing Consultant

Agenda. This webinar will discuss the human capital management for the contingent workforce in our current economic climate. The speakers will address issues in designing a contingent workforce strategy, managing this contingent workforce, effective governance and the managing risks and legal issues that arise with the implementation of such a workforce. In this webinar, some of the questions that will be discussed are:

• How do I put together an effective contingent workforce strategy to optimize my investment in contingent labor?
• How do I ensure that my business customers are engaged in the case for change and buy-in to common technology, process, policy and governance?
• How do I govern multiple providers and ensure effective performance and value for my investment?
• What technologies should I be using to track provider/contingent worker utilization and performance?
• How do I ensure that legal/regulatory/compliance risks are recognized and managed in all geographies where I operate?
• How do I ensure that there is effective governance across the entirety of my contingent workforce?
• How do I manage risk and compliance issues that arise through the implementation of a contingent workforce?

This webinar is by invitation only. To register, please click here.
_________________________________________________________________________

1. Mortgage Loan Servicing and Other Outsourcing by TARP-Assisted Entities:  Criminalization of Contract Fraud under Government Contracts.

2. Humor.

3. Conferences.
____________________________________________________________________________________

1. Mortgage Loan Servicing and Other Outsourcing by TARP-Assisted Entities:  Criminalization of Contract Fraud under Government Contracts. Do you know whether you are a subcontractor receiving payments from an entity assisted under the U.S. Troubled Assets Relief Program or the American Recovery and Reinvestment Act of February 2009? You should be aware of the criminalization of contract fraud and the protection of whistleblowers denouncing contract fraud in your operations. Managing to prevent fraud just became more important. For more information and some “lessons learned,” click here.

2. Humor.

Feral, adj. (1) relating to the Fraud Enforcement and Recovery Act of 2009; (2) undomesticated.

3. Conferences.

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 the website .

December 6-8, 2009, IQPC and SSON’s 4th European Shared Services Exchange, The Hague, Netherlands. Following the success of our Shared Services Exchanges in North America we are now launching the new format for Europe, bringing together senior level conference topics in a highly productive and interactive meeting platform. The 4th European Shared Services Exchange is an invitation-only gathering for VP and C-Level senior Shared Services executives from successful European organizations. With a distinguished speaking faculty from Dell, Lafarge and Microsoft amongst others, the seats at the 2009 Exchange are limited and filling up quickly. We have limited complimentary invitations available for qualified delegates for a limited time. Please give us your reference when inquiring. There are solution provider opportunities also available for companies who want to be represented. You can request your invitation at exchange@iqpc.com or call us at 1866-296-4580. Visit the website for more information.

December 7-9, 2009, Legal IQ and IQPC’s 8th Annual E-Discovery Conference in New York, New York. Legal IQ and IQPC present the 8th eDiscovery event this December in New York City. Bringing industry leaders together to explore current risks, opportunities and challenges facing eDiscovery, this event will offer best practices and possible solutions to the ever remaining question: How can we lower our costs? This event goes beyond the traditional basics by examining the critical, high level, and strategic issues. Some of the topics to be addressed by the expert speaker faculty will be:

• Organizing an effective records program by tapping into existing resources
• Developing a litigation preparedness plan
• Determining judges’ priorities when eDiscovery conflicts arise
• Aligning the interests of IT, inhouse and outside counsel
• Handling eDiscovery via social media sites and other new sources of ESI
• Controlling the cost of review while maintaining defensibility
• Saving money by employing Early Case Assessment tools and new technologies

For more information and to register for this event, please click here.

January, 24-26, 2010, IQPC Business Process Outsourcing and Shared Services Exchange 2010, West Coast, USA. This is an invitation-only gathering for VP and C-Level senior Shared Services and Outsourcing executives made up of highly crafted, executive level conference sessions, interactive “Brain Weave” discussions, engaging networking opportunities and strategic one-on-one advisory meetings between solution providers and delegates. With a distinguished speaking faculty from McGraw-Hill, Ingram Micro and Pfizer, amongst others, the seats at the 2010 Exchange are limited and filling up quickly. We have limited complimentary invitations available for qualified delegates for a limited time. Please give us your reference ‘Outsourcing Law’ when inquiring. There are solution provider opportunities also available for companies who want to be represented. You can request your invitation at exchange@iqpc.com, call at 1866-296-4580 or visit their website.

******************************************

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: 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) 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.

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