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…
Sourcing Speak
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…
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…