In a recent judgement, the Court of Appeal of England and Wales held that an electronic database was not a chose in possession or a chattel but a chose in action (see our earlier blog regarding the grant of leave to appeal in this case). In other words, a database…
Sourcing Speak
2014 Sees The First Fines For Violations Of EU Cookie Laws
Much has been said about the EU “Cookie” laws introduced by an amendment to the Privacy and Electronic Communications Directive in 2011. Companies with European customers (including those in the US) have grappled with the law’s requirement to obtain informed consent from visitors to their websites before cookies can be…
Remain Vigilant: Managing Cybersecurity Risks in Third-Party Outsourcing Relationships
This article was originally published on February 27, 2014 and is reprinted with permission from Corporate Compliance Insight. Managing third-party suppliers presents significant compliance challenges that often span an organization, raising legal, insurance, human resources and technology concerns, to name just a few. Corporations will continue to wrestle with these…
Pillsbury Bloggers in the News: 8 Tips to Deal With Liability When Outsourcing to Multiple IT Vendors
Mario Dottori is quoted in Stephanie Overby’s recent CIO.com article discussing 8 Tips to Deal With Liability When Outsourcing to Multiple IT Vendors. “In theory, a multi-provider service delivery environment should not create additional complexities in terms of liability. The contracts — entered into separately between the customer and each…
National Cybersecurity Framework Released – Has Your Organization Considered the Implications?
On February 12, 2014, the National Institute of Standards and Technology (“NIST“) released the final version of its Framework for Improving Critical Infrastructure Cybersecurity (the “Cybersecurity Framework” or “Framework“) and the companion NIST Roadmap for Improving Critical Infrastructure Cybersecurity (the “Roadmap“). The final version is the result of a year-long…
The UDAAP Trap: Avoiding CFPB Penalties for Financial Institutions Using Third Party Services
Background In response to the financial crisis and recession in the United States that began in 2007, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (now commonly known as “Dodd-Frank”). Dodd-Frank created a vast array of new financial regulations, including the new and independent Bureau…
Public Sector Outsourcing: Events and Lessons from 2013
“How does a large software project get to be one year late? One day at a time!” -Fred Brooks, former IBM employee and OS/360 developer 2013 was not a stellar year for public sector outsourcing. As we reported in an earlier blog article, Indiana is appealing judgment in an…
Amended TUPE Regulations Published in the U.K.
In previous posts (Proposed Changes to UK’s TUPE will impact outsourcing deals, The UK Government consults on proposed changes to the TUPE regulations) we highlighted the UK Government’s proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE 2006“). The UK Government has now finalised these changes,…
Pillsbury Bloggers in the News: Outsourcing Trends to Watch in 2014
In a look forward at 2014, Joe Nash commented in Stephanie Overby’s CIO.com article on what to expect in the year head. He said: At the very least, expect an increase in automation generally. ‘With the cost benefits of labor arbitrage being largely harvested and labor costs inevitably on the…
A One Trick Pony
Labor arbitrage has long been a feature of ITOs . With off-shore to on-shore staffing ratios in the 65:35 to 75:25 range, suppliers have long used arbitrage to deliver significantly lower pricing. IT organizations have made many a CFO happy when recommending deals featuring 20%+ savings, especially done under the…