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I just got my new iPad and within a few hours, I was hooked on my new toy. After watching Letterman, I was thankful to learn I was in good company with my new addiction. When someone suggested I sync my tablet with my work email account, I wondered why would I want to pollute my fun. I finally relented, and once I began sending and receiving my business email, I realized entire nights and weekends passed without my needing to boot up my laptop. I could rely solely on my iPad for certain business purposes, and it appears I am not alone in this revelation. The ipad has become more than a toy for certain businesses and as Deloitte predicts more than 25 percent of all tablet computers will be bought by enterprises in 2011, and that number is likely to rise in 2012 and beyond. With those figures, could the iPad replace the business laptop?

As the Deloitte article points out, there are concerns around security, the cost of support, and price, but as iPad use continues to grow – and it will – support costs very well may go down. The average cost of laptop support for an enterprise is $20 to $25 per month. If we assume the cost to support an iPad is roughly similar to the cost to support a blackberry (i.e., $6 per month) that translates to significant savings to support an iPad over a laptop. For example, an enterprise with 30,000 end users would spend roughly $7.92M per year (assuming an average of $22 per month) in laptop support, but the same enterprise would spend only $2.16M in iPad support. This delta amounts to $5.76M savings per annum. With these savings, the cost to purchase the iPad devices (at approximately $600 each) would be entirely recouped in a little over 3 years. In this light, the iPad is most definitely more than a toy – instead, it could be employed as a potential cost saving strategy for certain enterprise users.

As it stands now, certain large international financial institutions are requiring their executives to travel with an iPad as the portability, battery life, and mobile internet connection make supporting such executive more efficient. Executives can easily receive, download, and project last minute updates to board presentations. Companies are also giving their mobile workforce CRM and other corporate systems designed for tablets. For example, some pharmaceutical companies are providing sales representatives with tablets.

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My Mother always told me that cheaper is not a statement about price but rather a comment about quality. In the outsourcing world, cheaper has always been measured as lower unit rates, whether for application developers (dollars per FTE) or computing power (dollars per box or CPU minute) or for a broad range of BPO services (price per employee per month (PEPM) or dollars per claim). There are many advantages to the fixed unit rate form of contracting that has developed in the outsourcing industry. It provides a pricing mechanism that is easy to understand and fairly (though not completely) flexible to adjust for changing volumes and business circumstances. It also puts an incentive on efficient supplier operations and provides a convenient metric for benchmarking against other suppliers or other alternatives.

However, at least in the IT arena, it does not provide much of an incentive for the efficient use of the resources being consumed. In most cases, the supplier asks the customer how many “widgets” it has, and develops both a unit price and a projected price over the contract term based on the number of customer-identified units. So long as suppliers were able to offer year-over-year reductions in unit prices and unit prices materially lower than a potential customer’s comparable unit costs, everyone was satisfied. Moves to offshore or remote support locations (so-called labor arbitrage) have been a key driver over the last ten years in producing constantly lower unit prices. Similarly, supplier investments in tools, enhanced training, common processes and other forms of forms of standardization have continued to drive supplier unit costs lower.

Within the last two years, we have observed a leveling off in the rate of supplier-offered unit rate reductions. It appears, at least for the near term, that the rate of productivity increases reflected in lower IT unit rates is not as great in years past. This is best seen in a number of very recent proposed IT outsourcing transactions where the supplier’s unit price is not much less (or not lower at all) than the internal customer’s cost to deliver a comparable service. But, even in these cases, customer IT management, as well as a customer’s business management, still view the total cost of providing IT services as much too high. How can this be? How is it that a customer’s unit cost to deliver a service is not much greater than the outsourcer’s price to provide the comparable service, but all users of the IT service still view the cost of the service as too high?

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As the global economy shifts, the global market for offshoring services continues to expand. Countries that would previously never have been considered are now proving to be tempting destinations for outsourcing services.

As we reported in this blog, forthcoming tax changes may affect the pricing available from the established Indian outsourcers. To the extent there is a material increase in the pricing from Indian providers, this should only serve to fuel the exploration of other destinations.

For example, Latin America continues to be a growing destination for offshore services. While Latin America may not be as attractive from a pure rates perspective, it offers some benefits of time zone alignment and potential cultural similarities for certain service scopes. However, there are also unadvertised risks in moving to Latin America, as outlined in a posting by CIO Magazine.

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Cloud computing is getting a lot of traction in a time of shrinking budgets. Industry experts speaking at NASSCOM 2011 are expecting cloud based services to be roughly a quarter of the outsourcing industry over the next two years.

So the business team is ready to move everything to the cloud. “But wait,” says the General Counsel, “if someone else has our email what happens if they get served with a subpoena? They won’t protect our information the same way we would.”

While there is no case law directly addressing discovery of corporate email held by cloud providers, there are some instructive analogs found in cases involving third-party email providers under the Stored Communications Act (“SCA”) and in cases addressing the concept of “control” under US Federal regulations that should be considered by large corporations thinking of migrating email to the cloud.

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Two recent events serve to highlight the importance of proper due diligence and appropriate contractual protections when dealing with cloud-based and other hosted service providers:

  • According to a lawsuit filed in US District Court in Hawaii by the producer of the syndicated children’s TV series “Zodiac Island,” an entire season of the show has been wiped out thanks to a fired employee at its data-hosting company who hacked into networked computers and destroyed its work. See WeR1-CyberLynk Complaint 110403

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“What does that mean?” may be one of the most common questions a lawyer asks when working on the early stages of a sourcing deal. Sometimes it’s because the client is using company-specific or industry-specific jargon the lawyer hasn’t heard before. But more often it’s because the lawyer is trying to convert a concept or common parlance (which may seem intuitive to the client) into clear, unambiguous and precise contractual language.

Sometimes these conversations end up sounding like this recent deposition (or result in these types of conversations after the contract is signed):

Plaintiffs’ Lawyer: During your tenure in the computer department at the Recorder’s office, has the Recorder’s office had photocopying machines?

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Following unprecedented back-and-forth with representatives from various governments, the ICANN board announced its plan to approve the new generic Top-Level Domain (gTLD) program at a special session to be held on June 20, 2011, at the ICANN meeting in Singapore.

The approval of the gTLD program and the associated Guidebook assumes the release of an updated version of the currently 312-page Guidebook for a month of public comment on April 15, 2011. ICANN has also released a draft timeline of dates based on the current plan.

Assuming these new dates stick, the application period for new gTLDs could begin at the end of October. Many potential applicants have kept their plans on hold pending more definitive timelines, but now is likely the time to start the process in earnest.

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Beginning later this year, ICANN is expected to accept applications for new generic domain suffixes for industries, interests and communities, such as “.bank,” “.movie” or “.music.” In addition to the generic terms, this round also includes the potential for various geographic tags that are not country codes (e.g., “.nyc” or “.andes”), brands (“.pillsbury”) as well as non-Latin characters (e.g., “中 国”). ICANN is expecting to approve between 200 and 500 new gTLDs in this round and to have new application rounds approximately every two years.

For more information, please see the Pillsbury Client Alert.

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If you have an Indian supplier supporting your business, chances are that your supplier is taking advantage of the STPI (Software Technology Parks of India) and SEZ (Special Economic Zones) schemes. These provide certain tax incentives to qualified companies–effectively lowering their cost of doing business and allowing more competitive pricing. On February 28, 2011, the new Indian Union Budget was presented to the Indian Parliament. Although the budget includes numerous changes relevant to businesses operating in India, certain tax-related provisions may limit the benefit of these structures in the near future.

For more information, please see the Pillsbury Client Alert.

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In a speech on economic development in January this year, UK Prime Minister David Cameron addressed the need to develop businesses in sectors that will be key to the UK’s economic future. The government’s plans to foster development include direct changes to government procurement practices to foster contract awards to innovators.

The Prime Minister acknowledged a tendency for government agencies to take the safe path, passing over well qualified smaller companies in favour of the big service providers. For years it was said “Nobody gets fired for buying IBM”. In government circles it seems the same could be said for entrenched service providers like Accenture and Capita (see Cameron’s speech on Government Procurement from February this year).

Now, all government departments are being urged to consider smaller, regional suppliers of goods and services. The Government’s goal is to award 25% of contracts to small and medium enterprises (SMEs). This echoes Cameron’s pre-election opinion that public procurement needs to move towards “a culture that’s a little bit more experimental and is prepared to take a bit of a leap sometimes with a small organization.” This includes ensuring that businesses that are “inventive and doing exciting things” win contracts to supply services to government, rather than simply awarding work to “the big players.”

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