Outsourcing Law & Business Journal: November 2010

Posted November 30, 2010 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., Editors.  www.biercekenerson.com

Vol. 10, No. 11 (November 2010)
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Editor’s Note: As the holidays approach, we wish you all a stress free season.

There is still time to register for a special webinar (full disclosure, the speaker is the Editor of this newsletter).

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Webinar Announcement
“LLC Toolkit for Designing Collaborative Business Models:  Sweat-Equity, JVs and Global Services Businesses”
December 9, 2010, 11am – 12:20pm, EST US

Speaker:  William B. Bierce, Esq., – Bierce & Kenerson, P.C.

This is an advanced seminar for experienced corporate and commercial lawyers as well as entrepreneurs, CEOs and COOs, investors, bankers, and venture capitalists looking for a different perspective on how LLC’s can be structured and governed.  This webinar will address the fundamentals of structuring LLCs for use in special purpose environments, such as service-oriented and Web-based businesses in the US and globally.  It will help lawyers understand key legal and tax issues in such environments for tax-efficient operations.  This webinar is free.  This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours can be applied toward the Areas of Professional Practice requirement.  To obtain more information, please contact Laura Sanfiorenzo and to register, click here.

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1.   New Twist on Labor Arbitrage:  The Impact of ObamaCare to Promote Offshore Outsourcing.

2.  Humor.

3.  Conferences.

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1.  A New Twist on Labor Arbitrage:  The Impact of ObamaCare to Promote Outsourcing. In considering talent management strategies, employers inevitably consider the relative costs of hiring employees and complying with labor law.  Such considerations include the regulatory regime governing minimum wages, unionization and, now, healthcare compliance.  For example, in the 1980’s, Japanese automakers chose to set up manufacturing plants in non-union “right to work” states in the South, rather than in states where unions are strong.  Enacted in July 2010, U.S. healthcare reform (“ObamaCare” or the “Patient Protection and Affordable Care Act”) will force employers large and small to consider sending jobs offshore.  ObamaCare also promotes medical tourism for cosmetic surgery.  For a list of key issues and the decision points involved, click here.

2.  Humor.

Employee, n. (1) someone willing to give up the certainty of a good time now in the vain hope of getting a better time soon; (2) a hybrid between a tape hanger and a knowledge worker; (3) endangered species challenged to adapt; (4) versatile, cost effective servant.

Arbitrage, n. (1) the trader’s role in buying in one market and selling in another, without moving any goods between markets; (2) the illusion of cost savings by trading distance, time zones and national cultures for a lower price.

3.  Conferences.

December 7-8, 2010, IQPC presents 10th E-Discovery Conference, New York, New York. The 10th eDiscovery Summit is the key meeting of the year for eDiscovery experts. The universe of ESI is continually expanding as the costs associated with eDiscovery are on the rise.  This unique eDiscovery event brings together in-house counsel, IT experts, document management, outside counsel, solution providers, Judges and regulatory experts. You will learn how to improve your eDiscovery processes and save time and money despite the onslaught of litigation. Some highlighted topics include:

  • Incorporating advanced search technology and protocol into your eDiscovery processes
  • Tackling the complexity of legal holds in light of the Pension Committee case
  • Gaining insight from our Judges panel analyzing important 2010 eDiscovery case law
  • Effectively managing the ever-increasing universe of social media content
  • Implementing a proactive approach where litigation preparedness enables you to significantly cut costs and time in eDiscovery

Outsourcing Law contacts can receive 20% off the standard all access price when they register with the code OSL20. Register by calling 1-800-882-8684.  View the program brochure for more details.

January 27, 2011, Global Services Conference 2011,  New York, New York, focuses on Enabling Business Transformation Through Global Sourcing.

  • Full day with over 15 key sessions: Transformation, Supply Risk Monitoring, Collaborative Sourcing, Program and Governance Management, Cloud-based Service Delivery, Nearshore,  Outsourcing Destinations Competitiveness.
  • 25+ Speakers from leading global enterprises: Novartis, Applied Materials, Baker & McKenzie, SAP, Kaye Scholer, Wells Fargo, Mass Mutual, Forrester Research, Bancolombia, Assenda, ABB, Credit Suisse, and Bank of Tokyo Mitsubishi.
  • Track 1: Next Practices in Sourcing Leadership
  • Track 2: Best Practices in Sourcing Maturity
  • Networking opportunities with industry peers

For a special 50% discount for our subscribers, click here for more information. To register, visit their website.

February 14-26, 2011, IQPC follows up with the 4th E-Discovery Finance Conference, New York, New York, focusing exclusively on the financial services industry.  The Dodd-Frank bill is the most comprehensive legislative overhaul of the financial services industry since the Great Depression, and financial corporations must respond and adapt immediately. Changing technology creates quickly moving targets for corporations to reach. The burden falls on legal, information security, record retention, and IT departments to ensure the best review, retention, and destruction policies and procedures.  A successful e-discovery team can mitigate the costs of e-discovery, reduce the volume of extraneous data, and avoid sanctions and other judicially imposed penalties.  Highlights include strategies to:

  • Keep costs down while maximizing efficiency.
  • Comply with stricter, more expansive regulations.
  • Implement and adapt to new technologies in order to “future-proof.”
  • Stay out of the headlines for non-compliance or sanctions.

To obtain more information, click here.

February 14-26, 2011, Legal Process Outsourcing Conference, New York, New York.  With advanced technology and tight budgets in a downturn economy, companies are exploring more cost-efficient alternatives for high quality legal work. CEOs and CFOs are putting tremendous pressure on their employees to cut spending and given the exorbitant cost of legal spend, in-house counsel are feeling the pressure more than most. Although legal outsourcing is not a fit for every law firm and in-house legal department, the legal community simply cannot ignore the expansion of the LPO market. This event will take an honest look at all sides of LPO and address the challenges, ethics, implications, and strategies of legal outsourcing. Attending this Summit will help decide where your company fits into this new outsourcing dynamic. For more information visit their website.

March 1-3, 2011, SSON presents the 15th Annual North American Shared Services & Outsourcing Week, Orlando Florida. As SSON celebrates 15 years of serving the needs of the shared services and outsourcing community, this conference will bring added value to our participants through inspired structured networking, innovation and meaningful, leading edge content.  Featured presenters will include numerous buy-side executives from a wide range of industries.  You will meet and network with the very best thought leaders, practitioners, providers and advisors in the shared services and outsourcing space, connecting with over 1,000 senior level attendees from various sectors all over the region.

If you want to seek fresh initiatives and reach new thresholds of productivity or revenue growth, are looking for game changing, innovative content and ideas to leverage technologies, and desperate to leave behind old legacies and shape the future of the sourcing world, then this event is for you.  For more information, click here.

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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.