Business Method Patents for Business Process Sourcing : Strategies for Hedging Your Bets when Strategies for Hedging Weather Futures are Unpatentable under U.S. Supreme Court’s Bilski Decision
June 30, 2010 by Bierce & Kenerson, P.C. ·
Business process outsourcing (BPO) has led many entrepreneurs and their investor cousins (sometimes called “patent trolls”) to seek patent protection for their business methods. The long-awaited decision of the U.S. Supreme Court in Bilski v. Kappas, 561 U.S. ___ (June 28, 2010) was anticipated to lay down the groundwork for defining the parameters [...]
U.S. Discrimination against Foreign Call Centers: Sen. Schumer’s Personal Trade War
June 30, 2010 by Bierce & Kenerson, P.C. ·
Call center operations can be conducted anywhere in the world without U.S. regulation, unless the activities involve regulated business services such as mortgage banking, consumer credit and lending, broker-dealer securities brokerage, life insurance sales and the regulated professions such as public accounting, the practice of law, engineering and architecture. The Democrats and the Obama [...]
Online Form Builder for Consumer Privacy Notices
May 18, 2010 by Bierce & Kenerson, P.C. ·
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: the Board of Governors of the Federal Reserve System, Commodity Futures Trading Commission, Federal Deposit Insurance Corporation, Federal Trade Commission, National Credit Union Administration, Office of the Comptroller of [...]
Financial Services Outsourcing: New Roles and Risks under a Consumer Financial Protection Agency
May 18, 2010 by Bierce & Kenerson, P.C. ·
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 [...]
Managing the New “Trade Secrecy” Risks in Global Sourcing: Criminal Theft, Criminal Negligence, Espionage, Bribery, Antitrust and Cross-Border Law Enforcement
April 30, 2010 by Bierce & Kenerson, P.C. ·
Trade secrecy risks arise whenever an enterprise shares confidential business information with a supplier, service provider, joint venturer or customer. Trade secrecy protection measures should be planned and implemented through appropriate non-disclosure covenants by the third party and possibly even its employees and others in the value chain. Current trade secrecy are reflected in three [...]
Trade Secrets
April 29, 2010 by Bierce & Kenerson, P.C. ·
Chinese Criminal Law, Article 219, imposes criminal liability for improper conduct relating to “commercial secrets.” The Criminal Law has only a vague definition of “commercial secrets.” Conduct is criminally improper if one:
o Obtains a commercial secret by stealing, luring, coercion, bribery or other improper means,
o Uses or allows another to use a commercial secret obtained [...]
U.S.-India Bilateral Cooperation on Trade and Investment: Impact of Joint “Framework” upon Global Services Industries
March 19, 2010 by Bierce & Kenerson, P.C. ·
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 [...]
How to Achieve Innovation through Outsourcing: Shifting the Paradigm
March 19, 2010 by Bierce & Kenerson, P.C. ·
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 [...]
Cyber Security Threat Management in Outsourcing: The Coming National Security Regulation of ITO, BPO and KPO
January 29, 2010 by Bierce & Kenerson, P.C. ·
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 extension of a web (!) of national of Internet regulations, with many consequences on the freedom and costs of running a [...]
Risks of “Climate Change”: SEC Highlights Global Need for Business Resiliency Planning and Policies
January 27, 2010 by William Bierce ·
On January 27, 2010, the U.S. Securities and Exchange Commission adopted an “interpretive guidance” to public companies on existing disclosure requirements as they relate to business or legislative events on the issue of climate change. Such “interpretive guidance” is not a new regulation, but serves to express an intention to clarify existing requirements. It was [...]