Outsourcing Law & Business Journal™ – December 2012

December 21, 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. 8, December, 2012

Special Webinar Announcement: Please join us for a series of complimentary webinars entitled: “Strategic Issues for International Technology Businesses” to discuss selected issues, structures and opportunities for international investments and joint ventures in U.S. and foreign technology-based businesses via three webinars:

Tuesday January 29, 2013, 12 noon-1:45 pm ET
“Exploiting U.S. Tech Businesses Abroad: Europe, India, China”
Tuesday February 26, 2013, 12 noon-1:45 pm ET
“Exploiting Foreign-Based Tech Businesses in the U.S.”
Tuesday March 19, 2013, 12 noon-1:45 pm ET
“Personal Wealth & Tax Planning for International Tech Entrepreneurs”

Participants:
EisnerAmper LLP
Bierce & Kenerson, P.C. (Full disclosure, we are the editors of this newsletter)
The Margolis Law Firm,
Edica-Garnett Partners,
Porto Leone Consulting, LLC,
Frenkel & Company

For more information, please click here to contact Alyssa Todtman at EisnerAmper LLP
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1. Knowledge Management in Strategic Alliances and Outsourcing
2. Non-Practicing Entity Buys Kodak’s Digital Business Patent Portfolio, Licenses to Consortium
3. Humor.
4. Conferences.
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1. Knowledge Management in Strategic Alliances and Outsourcing. Knowledge management has become a key driver in the design and sustainability of competitive global enterprises today. In knowledge management (“KM”), organizations define the purpose and meaning of information for the corporate mission, create, store and share information and establish tools and rules for internal and external use (and repurposing) in commerce. KM presents structural and contractual challenges for enterprise customers and their outsourcing service providers. Knowledge management is applied in outsourcing, supply chain management (“SCM”) and business process management (“BPM”). Other applications include business continuity planning (“BCP”), disaster recovery (“DR”), audit and control for corporate governances and regulatory reporting. For more, click here.

2. Non-Practicing Entity Buys Kodak’s Digital Business Patent Portfolio, Licenses to Consortium. In mid-December 2012, Eastman Kodak Co., a bankrupt photographic supply company, agreed to sell its patent portfolio to a consortium of buyers. The portfolio includes patents for digital photography, Web-based photo applications and other technologies critical to Internet-based e-business, social media and mobile computing. The deal (which is subject to bankruptcy court approval) represents a new approach to patent litigation, patent portfolio procurement and patent licensing from bankrupt companies in the United States. To read more, click here.

3. Humor.

Knowledge Management, n. Occult meta-world giving divine meaning to an ever-expanding universe of data.

4. Conferences.

February 18-20, 2013, IAOP’s Outsourcing World Summit, Phoenix, Arizona. This annual conference brings the global community of outsourcing professionals together for an unparalleled knowledge sharing, networking and personal and business development experience.

Outsourcing is entering a new age as different opportunities—and demands—are made by companies in pursuit of improved outcomes, lower costs and higher standards in a critically competitive economic environment. Trends like rural and impact sourcing, corporate social responsibility, crowd sourcing, the cloud, technology convergence, the BRIC surge, collaborative and strategic models, and governance have all impacted the way companies do business and the level of understanding and knowledge outsourcing professionals must have to be successful. And it is clear that it takes skilled professionals – now more than ever – to harness these opportunities and meet these demands. For more information, please visit their website.

March 4-7, 2013. SSON and IQPC present its 17th Annual North American Shared Services & Outsourcing Week, Orlando, Florida. If you’re looking for what’s new in service delivery capability, and for the next steps to achieve a maximum level of value, join us at North America’s premier forum for shared services and outsourcing professionals, where you will learn how to design and execute a holistic GBS framework that encompasses shared services, outsourcing, internal business functions and Cloud computing resource; achieve global end-to-end processes across business functions, systems and geographies; learn what service levels are important to achieving your business goals; how to understand real business value from big data; understand and over-deliver what your internal and external customers want and gain insight on where you can benefit from disruptive technologies, such as Cloud, mobility and social. To get more information, click here.

April 30-May 1, 2013. American Conference Institute presents its 7th Annual Forum on Controlling Litigation Costs, Chicago, Illinois. ACI’s renowned forum returns, with a brand new faculty and novel case studies and strategies designed to help you (1) get more value from the firms you use in litigation matters OR (2) keep existing corporate clients and ensure you are at the top of the “go to” list when matters arise. This conference is for in-house counsel or legal sourcing manager and private practice litigation attorney or law firm marketing/business development specialist. For more information, please click here.

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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.

Filed under: Newsletter
Tagged: ACI, conferences, IQPC, Knowledge-Management, Kodak, Newsletter, NPE, outsourcing, SSON

Outsourcing Law & Business Journal™ – June 2012

June 29, 2012 by Bierce & Kenerson, P.C.

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.

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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.

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. Visit their website for more info by clicking here.

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: 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.

Some states designate newsletters as ATTORNEY ADVERTISING. This communication is sent to you because you previously enrolled or approved enrollment or otherwise are actively involved in outsourcing and/or shared services. To unsubscribe, send an e-mail to: mling@biercekenerson.com.

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
__________________________________________

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.

Filed under: Newsletter
Tagged: conferences, ediscovery, gs3 awards, humor, legal analysis, ObamaCare, Shared Services Exchange, Supreme Court

Outsourcing Law & Business Journal™ – April/May 2012

May 22, 2012 by Bierce & Kenerson, P.C.

Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.

Vol. 12, No. 4, April/May 2012

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Announcement:

Complimentary Seminar on “Hot Issues for International Technology Businesses”

High-tech company executives, strategic business investors, investment funds and other financial investors from abroad and in the U.S. are pursuing significant opportunities in technology-based businesses. Experts will discuss selected issues, structures and opportunities for international investments and joint ventures in the U.S. and concerns facing foreign technology-based businesses.

Course Objective(s): To identify key financial, tax and legal issues and opportunities for investors in U.S. and foreign technology businesses

Learning Outcome(s): Participants will be able to:

Identify important financial, tax and legal issues and structures applicable to strategic and financial investors in international technology-based businesses
Analyze examples of strategic and financial investment opportunities in the U.S. and abroad in technology-based international businesses

When and Where:

Wednesday, June 20, 2012, New York, New York
3:30pm – 7:30pm, Registration, Program and Reception

To register, click here. (Full disclosure, our Editor-in-Chief will be a speaker.)

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1. Four “Hot” Deal Structures and Pricing Models in Sourcing of BPO and KPO Services.
2. Proposed Local Rule on e-Discovery.
3. Humor.
4. Conferences.

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1. Four “Hot” Deal Structures and Pricing Models in Sourcing of BPO and KPO Services.
CIO Magazine’s May 15, 2012 cover story observes that outsourcing service providers are offering innovative pricing models to escape commodity-based pricing pressures: joint ventures, business value metrics, revenue sharing and dedicated centers of excellence. Here’s an outsourcing lawyer’s analysis of these pricing models. I have only two questions: is it valid, legal, binding and enforceable? Does it cover the most significant risk-reward scenarios? For more, click here.

2. Proposed Local Rule (New York) on e-Discovery. The New York City Bar Association Committee on Litigation drafted a proposed local rule to govern e-discovery for the Southern and Eastern Districts of New York. The draft rule is designed to assist the discovery process and: prevent e-discovery from delaying the substantive litigation and from being unnecessarily costly; ensure that e-discovery efforts are in step with discovery obligations, deadlines, and timing envisioned by the Federal Rules of Civil procedure; limit e-discovery in the first instance to data that are readily accessible; establish search methodology for e-discovery information at the outset of litigation; and establish preservation obligations that not overly burdensome.

3. Humor.

Revenue Sharing, n. (1) an accounting method for allocating of revenues generated through shared efforts of marketing, sales and delivery of goods or services; (2) simplified Hollywood-style accounting, where expenses should not be accounted for (because that would be arbitrary, capricious and confiscatory), and the parties agree that any confiscation will be done on the top line, not the bottom line.

Center of Excellence, n. (1) a service center that is remote from the true corporate center, that seeks to excel at well-defined business processes, and whose quest for continuous process improvement leads to ongoing changes in those processes; (2) an innovation after there was never any center or any excellence.

4. Conferences.

May 21 – 23, 2012, SSON’s 11th HR Shared Services & Outsourcing Summit, Chicago, Illinois. Creating the foundation for strategic human capital management through HR shared services, this event will will cover HR Shared Services challenges in Process Design, IT integration, Standardization, Benchmarks, Metrics, and Harmonization through to Training and Change Management. Topics include Globalization, Inhouse-vs. Outsourcing, Growth Opportunities and more. To register, visit their website.

June 7, 2012, 6th Annual Financial Services Industry Transformation & Outsourcing Strategies Summit, New York, New York. The event presented by FSO Knowledge Xchange (FSOkx) is a premier one day event with a focus on effective transformation strategies in the financial services industry. This event brings together senior decision-makers, regulators, consultants and service providers to share ideas and insights about the future of the banking, insurance, and capital markets industries. The participants will examine how regulatory reforms and cost pressures are transforming the financial services industry. The insightful event discussions will explore emerging and innovative operating models within financial services firms. For registration details, please call 732-462-3763. for more information, click here.

June 24 – 26, 2012, SSON 6th Annual Shared Services Exchange, Pinehurst, North Carolina, and October 21 – 23, 2012, California. The Shared Services Exchange is the elite event for senior level shared service. With tremendous growth and interest in Shared Services, IQPC Exchange will be hosting two Shared Services Exchanges- one in June on the East Coast, and one in October on the West Coast, continuing it’s 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. Click here for more information.

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Filed under: Newsletter
Tagged: BPO, conferences, e-discovery, humor, IT Business, KPO, Newsletter, Pricing, Seminar

Outsourcing Law & Business Journal™ – March 2012

March 21, 2012 by Bierce & Kenerson, P.C.

Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.

Vol. 12, No. 3, March 2012
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Webinar: Part I in LLC Toolkit series, presented by Bierce & Kenerson, P.C.

LLC Toolkit: Introduction to the Benefits of LLCs

Date: Tuesday, April 10, 2012
Time: 11:00 AM EDT – 12:00 PM EDT

Speaker: William B. Bierce, President of Bierce & Kenerson, P. C. (full disclosure, also the publisher of this website)

Cost: Free! To register, click here.

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1. Computer-Assisted Document Review in e-Discovery Can Avert Manual Review, Even if Not 100% Certain: “Predictive Coding” Protocol Passes Muster.

2. Humor.

3. Conferences.

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1. Computer-Assisted Document Review in e-Discovery Can Avert Manual Review, Even if Not 100% Certain: “Predictive Coding” Protocol Passes Muster. When can parties rely upon nearly fully-automated “Big Data” procedures under U.S. federal e-discovery rules? In a landmark class-action decision under the Equal Pay Act and Fair Labor Standards Act for gender discrimination and pregnancy discrimination, U.S. federal Magistrate Judge Andrew J. Peck ruled on February 24, 2012, that “predictive coding” can be legally sufficient even though it fails to meet a 100% confidence level. The decision is welcome news for business defendants accused of mass torts or repeated wrongful practices under class action litigation procedures. It is also welcome news for software developers that market computer-driven “relevancy” analysis, but bad news for FTE-based legal process outsourcing vendors hoping for large labor-intensive discovery requirements.

In short, this precedent adopts labor-saving software technology in lieu of manual review of Big Data in large litigations. For more, click here.

2. Humor.

Big Data, n. (1) a lot of little data running amok, waiting to be corralled, interpreted and captured as insights; (2) e-plankton in the path of the great e-White Whale.

Document Review, n. (1) a legal process for eliminating irrelevant documents to cull relevant documents for later use in pre-trial and trial preparation; (2) the quest for relevancy in world of irrelevancy, at least in the population of documents; (3) the quest for the smoking guns as the first step to non-disclosure based on privilege, breach of confidence, or other lame excuse for concealment.

e-Discovery, n. (1) computer-assisted pre-trial disclosure process for exchange by adversary parties of relevant, non-privileged documents and testimony; (2) using computers to identify and expose to shame and punishment the lies of the cheats, fraudsters, oppressors, discriminators, monopolists, bribers and other social misfits identified in Dante’s Inferno.

Predictive Coding, n. (1) in legal process management of e-discovery protocols, a machine-based triage mechanism to identify relevant documents based on an agreed level of recall and stipulated (or mandated) percentage of precision; (2) IT-enabled soothsaying.

3. Conferences.

April 23 – 25, 2012, IBC presents The Legal, Regulatory & Compliance Outsourcing Conference, Grange Tower Bridge Hotel, London, United Kingdom. 20+ international legal and regulatory experts are coming together to provide the latest advice on achieving efficient, cost-effective and compliant outsourcing. Topics include The Smarter Legal Model; trends in regulation, accreditation and certification; the business case for outsourcing; service delivery models; vendor selection; ethics and compliance; outsourcing case studies; structuring and negotiating an LSO contract; data protection and security; technology enablers; managing the outsourcing relationship; business optimisation between the stakeholders and the future of outsourcing in law firms. 20% discount for Outsourcing-Law, use VIP code FKW82266OTLEM

April 23 – 25, 2012, 6th Corporate Counsel Exchange, Radisson Edwardian Heathrow Hotel, London, United Kingdom. The award winning Corporate Counsel Exchange is back in London! Our 6th Corporate Counsel Exchange, in London, United Kingdom, will be co – located with the 3rd Corporate Compliance Exchange. View co – located agenda. In April over 150 General Counsel and Chief Compliance Officers will gather to share strategic insights, discuss the latest developments in the legal and compliance sphere and meet with a range of leading law firms and solution providers offering innovative tools and services to help you increase the efficiencies of your department. For more information visit www.corporatecounselexchange.co.uk, call: +442079689745 or alternatively email: exchangeinfo@iqpc.com.

April 23 – 25, 2012, Corporate Compliance Exchange,Radisson Edwardian Heathrow Hotel, London, United Kingdom. Corporate Compliance Exchange will once again unite Chief Compliance Officers in senior level networking forum in London, United Kingdom. The 3rd Corporate Compliance Exchange is co – located with our 6th Corporate Counsel Exchange. Through a series of streamed sessions, joint networking panel discussions and roundtables, the award winning Exchange format offers Chief Compliance Officers and General Counsel a unique opportunity to keep current on the most pressing compliance issues and find out what strategies your peers have put in place to safeguard their organisations against compliance risks.For more information visit www.complianceexchange.co.uk, call: +442079689745 or alternatively email: exchangeinfo@iqpc.com.

May 14, 2012, 4th eDiscovery Oil & Gas Conference, Houston, Texas. Mark your calendar for the 4th eDiscovery Oil & Gas Conference. Building off of the success of our 2011 event, eDiscovery Oil & Gas will return to Houston on May 14-16 for you to improve your organization’s eDiscovery capabilities and comply with the requirements of the FRCP. Learn from industry leading experts about effective e-Discovery strategies that they employ. This conference will leverage best practices to show how to conduct thorough, cost-effective and defensible e-Discovery. For a copy of the program agenda click here.

May 16 – 18, 2012, SSON presents the 12th Annual Shared Services Finance & Accounting, Dallas, Texas. This event covers the entire spectrum of Finance & Accounting challenges in Shared Services from Process Design, Governance, Benchmarks, Metrics, and Audits through to Training and Change Management. Each speaker will be diving straight into the specifics of their case studies offering timelines, metrics, results and lessons learned for you to take back to your own office. For more information, visit their website.

May 29, 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 began January 1, 2012 and will be accepted until April 15, 2012. Click here for more information.

June 24 – 26, 2012, SSON 6th Annual Shared Services Exchange, Pinehurst, North Carolina. For the 6th year in a row, the Shared Services Exchange will be the 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. Efficiency is still on the minds of these executives as they search for solutions to create consistency across multiple business functions and develop hybrid strategies that utilize outsourcing and captive centers—all while sustaining centers as a core business strategy. This event will continue IQPC Exchange’s ongoing tradition of offering cutting-edge, strategic networking and learning opportunities for senior level shared services executives. For more information, click here.

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Filed under: Newsletter
Tagged: big data, conferences, e-discovery, humor, Newsletter, outsourcing law business journal, Predictive coding

Outsourcing Law & Business Journal™ – January 2012

January 13, 2012 by Bierce & Kenerson, P.C.

Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.

Vol. 12, No. 1, January 2012
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Welcome to another Webinar in our series on:

The Future of Law and the Impact of Outsourcing, Part 2
(Part I was presented October 26, 2011)

Date: Thursday, February 9, 2012
Time: 11:00 AM EST – 12:20 PM EST

Join our experts in the “business of the law” for Part Two of our webinar series concerning The Future of Law. Listen in as we discuss the disruptive and creative impacts of business process outsourcing (BPO), legal process management (LPM) and legal process outsourcing (LPO) on the traditional delivery and management of legal services and legal support services.

Speakers:

William B. Bierce, President of Bierce & Kenerson, P. C. (full disclosure, also the publisher of this website)
David T. Kinnear, COO of Cerebra LPO; Partner and Co-Founder of GSSOCX
Jason Mark Anderman, President and Co-Founder of WhichDraft

Cost: Free!

Click here for more information and registration.

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1. Change Mismanagement.

2. Humor.

3. Conferences.

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1. Change Mismanagement. “Change happens.” Sometimes it happens elegantly, with all parties agreeing. But change can be mismanaged, resulting in legal disputes on pricing, service level performance, duty to perform and impact on performance milestones. Change mismanagement happens too. For the complete article, click here.

2. Humor.

Change in change management, n. (1) new agreement to plug the gaps where old agreement was not followed; (2) renegotiation after the power struggle.

Demand Management, n. (1) microeconomic strategy for optimizing resource consumption by making business users plan, schedule, pay and pertpetually re-evaluate their needs for resources; (2) ferreting out, exposing and holding to shame (and account) the ungovernable “free riders” in the enterprise.

3. Conferences.

March 7-9, 2012, 16th Annual North American Shared Services & Outsourcing Week, Orlando, Florida. In 2011 we brought you the ‘revolution’ of shared services – 2012 is all about delivering The Next Level of Value by Accelerating Global Growth & Delivering Business Insights to the Board. Over 100 thought leaders and companies including AOL, Volvo, Deloitte, DHL, Monster.com, Salsesforce.com, Hyatt, Molson Coors, Philips, BAE Systems, Intel, Perason, BP, P&G, UBS, Citigroup, WPP Group, Yahoo!, DHL and HP will present their inspiring talks and roundtables to drive global growth and root shared services firmly into the boardroom agenda. If you want to challenge your captive and outsourced operations to influence business outcomes, or endorse the IMPACT shared services can have on the success and progress of a business as a whole, then this event is a must attend for you. To register, visit their website.

March 15, 2012, Global Services Conference 2012, New York, New York. Global Services Conference 2012 will focus on how to build and sustain excellence in services. This strategy is the key to enterprise services, enterprise transformation, and aligning that transformation to drive competitive advantage to companies. Companies are looking to access data and knowledge in a better way and to leverage the maturity of the services organization that has been in place to drive better business value. For more information, visit their website.

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Filed under: Newsletter
Tagged: change management, conferences, humor, Newsletter

Outsourcing Law & Business Journal™ – December 2011

December 5, 2011 by Bierce & Kenerson, P.C.

Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.

Vol. 11, No. 10, December 2011
_________________________________

Last Chance to Join us for a Webinar Offering CLE Credit on December 6th!
This webinar will address the fundamentals of structuring LLCs for use in special purpose environments. It will help lawyers understand key legal and tax issues in such environments for tax-efficient operations.

Title: LLC Toolkit for Designing Collaborative Business Models: Sweat-Equity, JVs and Global Services Businesses

Date: Tuesday, December 6, 2011
Time: 11:00 AM EST – 12:20 PM EST

Cost: Free!

Click here for more information and registration.

____________________________________

1. Korea as a Service Delivery Center After US-Korea Free Trade Agreement (KORUS FTA).

2. Humor.

3. Conferences.

____________________________________

1. Korea as a Service Delivery Center After US-Korea Free Trade Agreement (KORUS FTA). President Barack Obama signed the Korean-U.S. Foreign Trade Agreement (KORUS FTA) on October 21, 2011 and it was ratified by Korea’s National Assembly on November 22, 2011. It is now in force.

Separate from the generally applicable multilateral obligations of the two countries under WTO trade agreements, the KORUS FTA opens new doors for service providers in Korea to compete with India, Latin America, Canada and other locations for contracts to deliver data processing and BPO services to U.S. customers. While Korea’s wage levels are comparatively high relative to other destinations, Korea can be expected to compete effectively in niche areas such as banking, finance, insurance and manufacturing support services.

What’s new, beyond the multilateral free-trade framework under the WTO, NAFTA and the EU, compared to other U.S. bilateral free-trade agreements? The KORUS FTA offers a few embellishments on the concept of admitting individuals for specific FTA-qualified visa categories (as under NAFTA). The KORUS FTA adds specific protections for conducting services businesses generally, including professional services licensure (lawyers, doctors, engineers, like NAFTA’s list). The agreement covers the “electronic supply of services,” “digital products,” electronic authentication, e-signatures and e-documents as instruments of bilateral e-commerce. Most significantly, the KORUS FTA hints at a new paradigm for bilateral FTA’s since it includes the principle that privacy laws will not be used for protectionism. For more, click here.

2. Humor.

FTA, n. (1) in public international law, intergovernmental convention designed to displace educated, skilled, local workers with educable foreign skilled workers, and/or substitute local goods with foreign goods, all for the benefit of the local populace first and “terms of trade” second; (2) fun-time agreement; (3) free trade agreement.

Privacy, n. (1) constitutional right against unwarranted intrusion by government, advertisers, supplicants and other pests; (2) what’s left of your personally identifiable data (including personal health information) after blogging, social media, search engine optimization, affiliate marketing, web click monitoring and nanny-cams; (3) what your politicians are eager to protect after they publish information to protect others from your marauding and opprobrious conduct such as driving a vehicle, owning a home, practicing a regulated profession, contributing to a political campaign, borrowing money and other vices; (4) rule honored by the breach.

3. Conferences.

December 12-14, 2011, IQPC presents its 12th e-Discovery Summit and Roundtable, New York, New York. The 12th eDiscovery conference will provide strategies for eDiscovery professionals to minimize costs, risks and challenges with eDiscovery. Here, you will have a cross industry gathering of eDiscovery professionals to provide you with the essentials to understand the risks, challenges and opportunities eDiscovery pose, learn best practices from private sector and government e-discovery specialists, ask questions and gain invaluable knowledge to upgrade your skills and build winning strategies and network with colleagues, share challenges, make career connections. To register, visit their website.

March 7-9, 2012, 16th Annual North American Shared Services & Outsourcing Week, Orlando, Florida. In 2011 we brought you the ‘revolution’ of shared services – 2012 is all about delivering The Next Level of Value by Accelerating Global Growth & Delivering Business Insights to the Board. Over 100 thought leaders and companies including AOL, Volvo, Deloitte, DHL, Monster.com, Salsesforce.com, Hyatt, Molson Coors, Philips, BAE Systems, Intel, Perason, BP, P&G, UBS, Citigroup, WPP Group, Yahoo!, DHL and HP will present their inspiring talks and roundtables to drive global growth and root shared services firmly into the boardroom agenda. If you want to challenge your captive and outsourced operations to influence business outcomes, or endorse the IMPACT shared services can have on the success and progress of a business as a whole, then this event is a must attend for you. To register, visit their website.

March 15, 2012, Global Services Conference 2012, New York, New York. Global Services Conference 2012 will focus on how to build and sustain excellence in services. This strategy is the key to enterprise services, enterprise transformation, and aligning that transformation to drive competitive advantage to companies. Companies are looking to access data and knowledge in a better way and to leverage the maturity of the services organization that has been in place to drive better business value. For more information, visit their website.

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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) 2011, 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

Filed under: Newsletter
Tagged: articles, conferences, humor, Korea US Free Trade Agreement, Newsletter, outsourcing law, webinar CLE

Outsourcing Law & Business Journal™ – November 2011

November 14, 2011 by Bierce & Kenerson, P.C.

Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.

Vol. 11, No. 9, November 2011
_________________________________

Join us for a Webinar Offering CLE Credit on December 6th!

This webinar will address the fundamentals of structuring LLCs for use in special purpose environments. It will help lawyers understand key legal and tax issues in such environments for tax-efficient operations.

Title: LLC Toolkit for Designing Collaborative Business Models: Sweat-Equity, JVs and Global Services Businesses
Date: Tuesday, December 6, 2011
Time: 11:00 AM EST – 12:20 PM EST
Cost: Free!

Click here for more information and registration.
________________________________

1. To Arbitrate or Not, That is the Question.

2. Humor.

3. Conferences.
_________________________________

1. To Arbitrate or Not, That is the Question. In KMPG LLP v. Cocchi, the U.S. Supreme Court ruled on November 7, 2011, that agreements to arbitrate must be enforced in federal and state courts under the Federal Arbitration Act, 9 U.S.C. §1 et seq. 565 U.S. ___ (2011). Judicial interpretation of arbitration clauses has resulted in the bifurcation of remedies before courts and arbitrators on the same facts. Such bifurcation adds costs and leads to uncertainty for the parties.

This case serves as a reminder to both parties to consider possible risk management and relationship governance frameworks. This article analyzes some ways to identify and minimize the risk of such bifurcation and piecemeal dispute resolution that neither party wanted. The parties may wish to evaluate and, at least internally, quantify the impact for pricing purposes in contract negotiation.

This decision relates to alleged professional malpractice by a regulated professional service provider. For unregulated BPO “professional” service providers, it raises red flags. It shows the risk profile for claims from persons other than the enterprise customer. The parties therefore may wish to consider the interests of persons who might be adversely affected by the BPO services, such as the BPO service recipient’s own customers, suppliers, users and licensees. Such interests can be addressed in the frameworks of relationship governance, risk management and compliance. For more, click here.

2. Humor.

Arbitration, n. (1) clandestine back-alley street fight, conducted in total confidence to avoid embarrassment, oppressive disclosure and discovery rules and judicial delays; (2) private justice for private failures.

Arbitrary, adj. (1) the outcome of an arbitrable claim; (2) the result of a preponderance of the credible evidence.

Enforce, v. (1) to apply power where shame, remorse, regret, denial, fear and hostility fail to get results.

3. Conferences.

November 17, 2011, Global Sourcing Council’s Annual Meeting, South African Consulate, New York, New York. Join this non-profit organization, focused on helping organizations from all sectors, buyers and sellers, achieve their economic goals without sacrificing sustainability, at their annual meeting; network and meet George Monyemangene, South Africa’s Consul General and other professionals with a keen interest in this educational mission. To register, click here.

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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) 2011, 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

Filed under: Newsletter
Tagged: arbitration, conferences, Federal Arbitration Act, governance, humor, indemification, indemnify, insurance, Master Services Agreement, Newsletter, roles and responsibility, vicarious liability

Outsourcing Law & Business Journal: June/July 2011

July 18, 2011 by Bierce & Kenerson, P.C.

Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.

Vol. 11, No. 4-5, June/July 2011

_________________________________

1. Impact of UK Bribery Act, 2011 on Best Practices in Global Sourcing.

2. Bribery, Fraud and Contract Mismanagement: The SAIC / “CityTime” Debacle in New York City.

3. Indian Privacy Law.

4. Humor.

5. Conferences

_________________________________

1. Impact of UK Bribery Act, 2011 on Best Practices in Global Sourcing. The package of documents for outsourcing contracts has grown to include a copy of the customer’s “code of conduct.” The service provider contractually agrees to respect the customer’s code of contract. Such codes of conduct pose tricky legal issues for both global business organizations and their service providers.

Sarbanes-Oxley Act of 2002. The “anti- bribery” component has roots in the U.S. Foreign Corrupt Practices Act of 1974 (“FCPA”), the United Nations’ Code of Conduct for Multinational Corporations and the OECD Convention on Combating Bribery of Public Officials in International Business Transactions. Like the U.S. FCPA, the U.K. Bribery Act, 2010, prohibits businesses from bribing foreign officials. The Bribery Act becomes effective July 1, 2011.

This article provides a brief overview of the core, generic principles of such legislation and recommends “best practices.” For enterprise customers hiring service providers, such practices should apply regardless whether the immediate services are to be rendered outside the customer’s country. For service providers, such practices will not only facilitate getting hired, but also avoiding painful surprises. For more, click here.

2. Bribery, Fraud and Contract Mismanagement: The SAIC / “CityTime” Debacle in New York City. They said “it couldn’t happen here!” In late June 2011, it was time to account for a failed time accounting system. A federal prosecutor alleged a fraud that was “epic in magnitude, duration and scope” in the history of New York. New York City Mayor Michael Blumberg demanded the repayment of $600 million (plus costs of investigation and remediation) from Science Applications International Corp. “because the project was apparently tainted by fraud and kickback schemes.” How could this happen in a city managed by an IT-enabled technocrat? For more, click here.

3. Indian Privacy Law. India has finally adopted a privacy law. While it has its flaws, it is at least a good start. Prudent contract drafting will remain necessary to ensure best practices in global services. For a detailed analysis by a leading Indian law firm, click here.

4. Humor.

Bribery, n. (1) Unenforceable consideration for an invalid contract; (2) Incentive compensation; (3) cash management practice; (4) the price paid by a willing service provider and a willing customer, for services from the Dark Side of the Force.

5. Conferences.

September 20-22, 2011, SSON presents Finance Transformation 2011, Dallas, Texas. This conference is targeted to owners, controllers, procurement leads, sourcing strategists, shared services and global finance leads who want a complete view of transformation, incorporating holistic vision and operating strategy, end-to-end process optimizations, technology enablement, business performance management and sourcing strategy, whether that strategy is shared services, outsourcing or a combination of the two. Click here to get more information.

September 26-27, 2011, IQPC presents e-Discovery Oil & Gas, Houston, Texas. IQPC’s Third e-Discovery for Oil and Gas program is specifically tailored to address eDiscovery issues in the energy industry. The program features detailed case studies from Oil & Gas ProducersService Companies that have implemented eDiscovery practices that have lowered the cost and increased the efficiency of producing ESI. Panel presentations will discuss critical issues in eDiscovery from leading experts in the legal, information technology and records management sectors. For more information, click here.

October 5-6, 2011, Global LPO Conference, Los Angeles, California. Buyers and Vendors meet with the intention of easing the evolution of even more inventive measures to bridge the widening gap between the old style of doing legal business and the new that is brought on with the advent of the legal outsourcing industry. Hosted by KPO Consultants who already has organized three great conferences in New Delhi, London and New York City recently, the connoisseurs of legal and intellectual property (patents) outsourcing from around the world will shed light on many ongoing and unexpected new avenues and address any concerns. For more information, visit their website.

October 20-21, 2011, ACI presents its 6th Annual Forum on Reducing Legal Costs, Philadelphia, Pennsylvania. ACI’s 6th Annual Forum on Reducing Legal Costs has been uniquely tailored to provide in-house counsel and legal sourcing managers, as well as private practice attorneys and law firm marketing/business development specialists who are serious about working with their clients to reduce legal costs, with the practical guidance, key insights, expert knowledge, and proven strategies that they need in order to successfully implement cost-reduction initiatives both internally and externally. For more information, click here.

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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 opinon 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

Filed under: Newsletter
Tagged: CityTime, conferences, fraud, humor, Indian Privacy Law, mismanagement, Outsourcing law articles, SAIC, UK Bribery Act

Outsourcing Law & Business Journal – May 2011

June 1, 2011 by Bierce & Kenerson, P.C.

Insights by Bierce & Kenerson, P.C. Editor. www.biercekenerson.com.

Vol. 11, No. 4, May 2011

_________________________________

1. Legal Issues in Using Performance Metrics for Innovation.

2. Humor.

3. Conferences.

_________________________________

1. Legal Issues in Using Performance Metrics for Innovation. Today, several software developers offer comprehensive software suites for governance of IT and business process outsourcing (BPO) services. Such software enables outsourcing customers to see real-time data, presented on “dashboards,” of vendor performance metrics, including service catalog offerings, demand and supply volumes, service level management (measuring and reporting on SLA’s), incident and problem management (identifying outages) and change management data bases (CMDB’s) and computations of billing adjustments to reflect gaps between actual performance and contractual obligations. Such software reports on “what is happening.”

Such real-time vendor governance tools can be used for more than just benchmarking actual performance against contractual obligations. They can also be used to:

identify process improvements in the outsourcing services delivery process for “better outsourcing”; and
innovate across the entire customer organization and customer supply chain.

This article takes the leap from just governing an outsourced function (through dashboards and performance metric reporting) to re-structuring the entire enterprise based on “big data.” By applying “business analytics” to such “big data,” organizations can improve the quality of their procurement organization (and their internal resource commitments) by looking for innovation. In short, organizations that outsource can tap into governance data to help innovate processes for efficiency and higher revenue per Dollar of expense.

This article explores key attributes of business analytics in outsourcing and the challenges for integrating analytics in outsourcing contracts and a shared-services SLA-based services environment. It also sheds light on why innovation never comes from outsourcing, unless the parties plan for it and adopt appropriate legal protections. For more on the “next step” from “vendor governance” to “organizational transformation,” click here .

2. Humor.

SLA, n. (1) service level agreement; (2) sleep-level assessment, as a measure performance commitment; (3) customer’s comfort pillow; (4) service provider’s guarantee (for a little less risk); (5) disjointed over-lapping bundle of KPI’s that are impossible to measure, monitor or relate to business value creation.

Innovation in Outsourcing, n. (1) oxymoronic pursuit of process transformation beyond any rational expectation; (2) the promise of another statement of work for no charge; (3) upsell, cross-sell, soft sell; (4) mismatch of expectation and delivery; (5) unfounded hope; (6) genie in a bottle.

3. Conferences.

June 8, 2011, National Outsourcing Association (NOA) presents Innovation Day, London, United Kingdom. NOA is hosting an interactive event featuring the latest information and advice on how to implement innovation in your outsourcing deals. Research results will be announced from a study “Driving Innovation Through Collaboration”. For more information, visit their website.

June 15-16, 2011, Global LPO Conference, Buyers and Vendors Meet, New York, New York. This is an event to develop the business relationship of both buyers and vendors. This event will address genuine transformation of the outsourcing landscape from theoretical to practical. This conference aims to bring together law firm leaders such as partners, general counsels and other potential stakeholders in the LPO industry to share practical experiences in the nascent services for clients. The New York meeting will focus on how to implement the human and social capital for the benefit of the industry at large. (Full disclosure, our publisher will be speaking at this event.) Fore more information, click here.

June 27 – 28, 2011, IQPC presents eDiscovery Strategies for Government, Washington, D.C. IQPC’s eDiscovery Strategies for Government will offer key insights to stay on top of emerging challenges and how to craft thorough, cost-effective and defensible eDiscovery. Additionally our expert faculty will provide key benefits for government organizations. Join IQPC’s eDiscovery Strategies for Government Summit to network and learn from your peers on how to proactively establish a protocol for preserving and gathering electronically stored information. Join members of the U.S. Dept. of Justice, U.S. Commodity Futures Trading Commission, Department of Justice- Antitrust Division, Federal Trade Commission, Securities and Exchange Commission, United States Department of Agriculture and more. Visit their website for more information.

Filed under: Newsletter
Tagged: big data, conferences, humor, innovation, Newsletter, performance metrics, SLA

Outsourcing Law & Business Journal – February 2011

February 11, 2011 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., Editors. www.biercekenerson.com

Vol. 11, No. 1 (February, 2011)
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Editor’s Note: This newsletter dissects the new government “Startup America” plan to promote entrepreneurship. We welcome you thoughts on this controversial topic of law, public policy and international trade in managed services by contacting us at publisher@outsourcing-law.com.

There is also still time to register for the upcoming Webinar (full disclosure, this newsletter Editor is a speaker)

_______________________________

Webinar Announcement
“Global Entrepreneurship and the Evolution of the New Global Enterprise”
February 17, 2011, 11am – 12:20pm, EST US

Speakers:
William B. Bierce, Esq., Bierce & Kenerson, P.C.
Ed Nair, Editor of Global Services Magazine

Description:

The struggles of the entrepreneur and owner-managed businesses are well known. The real struggle arises when they try to achieve scale and breadth through globalization. They face many challenges in developing and managing an overseas sales presence, brand management, technical presence, business organization, intellectual property and operations. However, the miracles of modern technology, educational diversification, social media and long-distance collaboration now enable some innovative uses of established legal, tax, organizational and operational structures. In short, it’s time to rethink and extend the classic business models for entrepreneurship.

This webinar delves into the idea of global entrepreneurship in the “new normal” economy. Global excellence is not a concept reserved for large companies like Accenture, Genpact and WNS, but can be implemented across the spectrum of both Fortune 500 companies and owner-managed businesses. For more information, click here.

_______________________________

1. “Startup America”: A Vision for American Entrepreneurs: What Role for Global American Entrepreneurship?

2. Humor.

3. Conferences.

________________________________

1. “Startup America”: A Vision for American Entrepreneurs: What Role for Global American Entrepreneurship? On January 31, 2011, President Barack Obama’s office released a “Startup America” plan to promote entrepreneurship. The “Startup America” initiative proposes to “celebrate, inspire, and accelerate high-growth entrepreneurship” throughout the nation by coordinating public and private effort to create “innovation ecosystems” that bring together innovative entrepreneurs, corporations, universities, foundations, and other leaders, working in concert with a wide range of federal agenciesinitiative seeks to promote entrepreneurship as the core of an innovation strategy for achieving sustainable growth and quality jobs It builds on the Job Creation Act of 2010, but does not address many legal issues in the global economy. For more, click here.

2. Humor.

Entrepreneur, n. (1) one willing to give up his life’s savings and home equity in the hope of avoiding having to ask friends and family give up their life’s savings and home equity once he has spent the startup capital; (2) a Ponzi in training.

Innovation ecosystem, n. (1) traditionally, a Darwinian commercial environment characterized by an influx of agile adaptive and mobile participants and new global business models and the decline or exit of the stagnant old participants and outmoded existing business models; (2) a weather system that gently rains and beneficently shines on the land of venture capital, strategic sale and IPO’s and inundates and smashes the innovator in the land of vulture capital and bankruptcy; (3) a public-private partnership where the taxpayer provides subsidies and the private enterprise provides risk capital and subsistence level wages with stock options.

3. Conferences.

February 14-16, 2011, IQPC presents its 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 14-16, 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.

February 21-23, 2011, International Association of Outsourcing Professionals (IAOP) presents its 14th edition of The Outsourcing World Summit, Indian Wells (Palm Springs), California. This conference, through case studies, educational sessions and presentations, provides participants with news of the latest developments affecting the outsourcing industry and their profession. Its theme is Embracing Change – How Outsourcing Professionals Can Lead Their Companies to Success in This New Outsourcing Landscape. For more information, visit: http://www.iaop.org/Content/23/154/1099/Default.aspx

March 1-3, 2011, SSON presents the 15^th 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.

May 4-5, 2011, Aitec Africa presents 5th Annual African Outsourcing Summit, Nairobi, Kenya. This conference will gather an unprecedented level of international expertise for emerging BPO enterprises to tap into. This East African Outsourcing & Contact Centre Conference aims to provide a stimulating and informative platform for the region’s emerging BPO enterprises to gain the knowledge, inspiration and business contacts they need to become world-class service providers, learning from international best practice in outsourcing – as well as from competitors and potential business partners closer to home. For more information, visit their website.

May 23-25, 2011, SSON’s 11th Annual Shared Services for Finance & Accounting, Dallas, TX. This event brings together industry leaders to provide the fundamentals of efficiency, quality and service and show innovative ways to grow your shared service center:

Drive efficiency: Build a value proposition outside of just productivity to further improve quality and decrease costs
Current trends: Debate in-house vs outsourcing strategies and make sure you choose the right model and technologies for your business
Process ownership: Continually improve your shared service center to enable growth
Accelerate improvement: Re-engineer processes to move beyond labor arbitrage

Create a clear strategy for your business with case studies presented by ING, Goodyear Tire & Rubber Company, PepsiCo, Walmart, Wendy’s/Arby’s Group, Kraft and many more! To register, visit www.SharedServicesFA.com , call 1-800-882-8684 or email iqpc@iqpc.com . Mention code SSFAOL20 for an exclusive 20% discount available to Outsourcing-Law.com subscribers.

May 23-25, SSON presents its 9th Annual HR Shared Services and Outsourcing Summit, Chicago, Illinois, focuses on Trends in HR Transformation and HR Shared Services for the Next Decade. This conference will look back at what’s worked and provide you with a look forward to new trends in operations models, globalization, virtualization, enabling technologies, staffing and much, much more. Whether you are in the beginning, middle or mature stages of your HR transformation – or creation of HR Shared Services – the trends of this next decade will have an enormous impact on your success.
For more information, please 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: 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.

Filed under: Newsletter
Tagged: 2010 Job Creation Act, American Entrepreneurship, conferences, humor, Newsletter, Startup America

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