“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…
Sourcing Speak
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…
Pillsbury Bloggers in the News: Looking Back at 2013 IT Outsourcing Predictions
In a look back at 2013, Mario Dottori commented in Stephanie Overby’s CIO.com article on grading our initial 2013 IT Outsourcing predictions that we discussed last December. Third-Generation Deals Enter Uncharted Territory It was true that many of the latest generation of outsourcing deals were more complex. But the advantage…
Contract made in two places at once – a possibility under UK law
The High Court of England and Wales has recently decided that a contract can, in principle, be made in two separate jurisdictions at the same time if the contract does not include choice of law and jurisdiction clauses. In this situation, either party could seek to enforce the contract in…
Repeal of Third Party Harassment – Are Employers Safe from Claims?
As part of its UK Employment Law Review in 2012, the UK Government announced that it intended to remove the third-party harassment liability provision from section 40(2) of the Equality Act 2010. This provision was repealed on 1 October 2013. This post considers the impact of the repeal and whether…
Does a Service Provider Have a Lien Over Customer Data?
On 19 November, Datateam won permission to appeal from an unreported decision of District Judge Bell sitting in the Reigate County Court on 12 June. The facts of the case, which related to unpaid invoices for database maintenance services, are not of interest except to say that the services agreement…
What Does the SOX Say?
Procurement says SAS70; Finance says SSAE 16; Audit says SOC 2; IT says ISO27001; Supplier says pay, pay, pay. But there’s one fact That no one knows . . . WHAT DOES THE SOX SAY? Any negotiation for cloud and outsourced services undoubtedly ends up in a debate over what…
Beware of Mixing IT Assets and IT Managed Services
In the early days of outsourcing IT as a managed service, it was not at all unusual for a managed services price to be all inclusive of assets, services and facilities. That bundle of services and assets usually came with a “black box” style pricing that was devoid of transparency…