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OUTSOURCING LAW & BUSINESS JOURNAL (TM)

OUTSOURCING LAW & BUSINESS JOURNAL (TM): Strategies and rules for adding value through strategic alliances, joint ventures, shared services and cost-effective, durable and flexible sourcing of services.

Insights by Bierce & Kenerson, P.C. www.outsourcing-law.com

Vol. 5, No. 2 (February 2005)

1.  Litigation Procedure in BPO: Class Action Litigation in Outsourcing: Managing Consumer Litigation Risk after the Class Action Fairness Act of 2005. 

2.  EU: "Offshoring" of BPO Services within the European Union:
A Transatlantic View of the Proposed Services Directive.

3.  Humor
       
4.  Survey Question of the Month

5.  Seminars & Conferences

6.  Calling All International Outsourcing Lawyers

7.  Store

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1.    Litigation Procedure in BPO: Class Action Litigation in Outsourcing: Managing Consumer Litigation Risk after the Class Action Fairness Act of 2005. The enactment of U.S. federal legislation forcing litigants to argue large class-action claims in federal court will help business generally.  If class actions are basically about violations of consumer rights, what impact will it have on outsourcing, and why?  This article applies to all those who manage call centers, credit cards, employment and payroll, HR administration, finance and accounting and other consumer-facing business functions. For more, see:
http://www.outsourcing-law.com/legislation/classactionfairnessact2005.2005.02.23.asp

2.    EU:  "Offshoring" of BPO Services within the European Union:
A Transatlantic View of the Proposed Services Directive. The European Common Market (and its successor the European Union, "EU") were founded on the principles of four freedoms of movement: capital, people, goods and service.  According to the European Commission, the service sector now accounts for more than 70% of economic activity in the EU, much of which involves Europe’s small and medium sized companies.  A Services Directive, proposed in January 2004, would liberalize the freedom of establishment of EU enterprises and trade in services among EU Member States.  The ensuing political debate evokes classic issues in trade policy in international services.  Will this Directive have any impact on how outsourcing is conducted in Europe?  The article considers the impact on service recipients and service providers in various BPO disciplines including call centers, IT, logistics, HR, finance, accounting and engineering. For more, see: www.outsourcing-law.com/OffshoringBPO.EU.2005.03.07.htm


3.    Humor: 

Insourcing, n.  (1)  "what happens when foreign-headquartered multinationals operate subsidiaries in the United States." (Wall St. Journal editorial, Dec. 1, 2004, p.1); (2) by extension, any foreign business, transaction or even investment in or with your homeland.

Outsourcing, n.  (1)  Offshore outsourcing. (See "Insourcing," as defined by Wall St. Journal); (2) Outbound business, transactions or investment.


4.    Survey Question of the Month:

Should the U.S. adhere to the European convention on cyber-crime? Go to: http://outsourcing-law.com/survey.asp?ID=79


5.   Seminars & Conferences:

The HRO World 2005 Conference and Exhibition, April 11-14th. HRO World is part of NY HR Week 2005, the nation's second largest HR Forum, and features six great events. In addition to HRO World Conference & Exhibition, NY HR Week is made up of the HR/NY Solutions Conference (local NYC SHRM Chapter), TecHRWorld, The HRO/FAO Executive Summit, The HROA General Assembly Membership Meeting and HR-XML's Consortium's Quarterly Meeting. With over 200 exhibits and 100 conference sessions, NY HR Week is a must attend event for the HR Executive/Professional. HRO World 2005 keynote speakers include: Lea Soupata, Senior Vice President, HR, UPS; John Sculley, Chairman, Verified Person, and former CEO Pepsi & Apple Computer, and Rick Perry, Governor of Texas. Also back for the second year is the extremely popular HRO Provider Presidential Debate. For an entire agenda or to register today please visit www.nyhrweek.com. For exhibiting information, please contact niannotta@unicomm.org. Outsourcing-Law.com is a Media Sponsor of HRO World 2005.

6.    Calling All International Outsourcing Lawyers: 

Are you a creative non-U.S. lawyer with significant experience in international outsourcing? Do you know anyone who fits this description? If so, we would like to get to know you. Please contact Ed Fortune at efortune@biercekenerson.com about the types of services that you have helped outsource, whether you focus on service providers or enterprise customers (or both), and any deal structures that you have found particularly useful. 

Please send us your newsletters on outsourcing-related topics and advise us on your policy regarding republication in Outsourcing Law & Business Journal™ and www.outsourcing-law.com. Thanks you.


7.    Store: Informative, Timely, Comprehensive. Purchase our exclusive White Papers and Articles now:

• Business Process Transformation: Legal and Business Issues in Business Renewal and Sourcing Strategy. 
  

• Impact of New Sarbanes-Oxley-Based Disclosure Rules on Business Process Outsourcing: 
  

• Limitations on Liability Article: Public Policy Exceptions Under New York Law

To purchase, go to: www.outsourcing-law.com/store


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