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Pillsbury

Global Sourcing

Publications
2/18/2014
National Cybersecurity Framework Released – Has Your Organization Considered the Implications?
Authors: Catherine D. Meyer, Meighan E. O'Reardon, Deborah S. Thoren-Peden, Amy L. Pierce
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 development process which included the release of multiple iterations for public comment and working sessions with the private sector and security stakeholders. The most significant change from previous working versions is the removal of a separate privacy appendix criticized as being overly prescriptive and costly to implement in favor of a more general set of recommended privacy practices that should be “considered” by companies.
2/10/2014
UK Amends TUPE Regulations
Authors: Tim Wright, Amina Adam
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) has been in the spotlight as part of the UK Government’s Employment Law Review. TUPE implements the EU Acquired Rights Directive (“ARD”) in the United Kingdom. Where TUPE applies, there is an automatic transfer of the employee’s employment – for the affected employees it is as if their employment contracts had originally been made with the new employer, with their continuity of service and, subject to a few exceptions, other employment rights all preserved.
2013
Market Responses to the Affordable Care Act
As the U.S. moves toward full implementation of the Federal Affordable Care Act (ACA, also known as Obamacare), employers are seeing new challenges and opportunities in the provision of health coverage and other benefits to their employees.
8/16/2013
UK Employment Law Reforms 2013
Authors: Amina Adam, Tim Wright
There are a number of important reforms being made to UK employment law this year, largely due to the enactment of the Enterprise and Regulatory Reform Act 2013 (“ERRA”). Many of the reforms under ERRA are being implemented over a period of time from 2013 and beyond, following a period of intensive consultation by the UK Government. Keeping track of all the proposed reforms can be a challenge. This Client Alert summarises the key reforms which have recently come into force and provides a timetable for the implementation of other key proposed reforms so that employers can start planning more effectively to accommodate the changes.
6/11/2013
Meeting New OTC Swap Reconciliation Rules May Require Better Technology and Processes
Authors: Mike Pierides, Alistair J. Charleton
Although reconciliation of the key terms has been a best practice for over-the-counter derivative trades for some time (particularly with collateralised trades), the scale of the reconciliation exercise imposed by forthcoming regulations in the EU and U.S. has caused many market participants to undertake a fundamental review of the systems and processes in place. For many, compliance can only be achieved by utilising a third party for provision of an appropriate technology platform or an end-to-end service. With imminent compliance deadlines and the late development of the requirements themselves, functionality has understandably been the focus of any sourcing process. However, from a supply chain and outsourcing perspective, a key challenge remains the manner in which the financial services-specific regulations are applied to this type of third-party arrangement.
1/25/2013
New Binding Corporate Rules Now Available for Data Processors
Authors: Steven P. Farmer, Simon J. Lightman, Meighan E. O'Reardon
In a further push towards “privacy by design,” the Article 29 Working Party, which is made up of representatives from the various EU data protection authorities, has recently approved the use of Binding Corporate Rules (“BCRs”) for international transfers of personal data by data processors effective as of January 1, 2013.
2012
Pillsbury Global Sourcing Brochure
Better Design. Better Decisions. Better Results. Creating value isn’t easy. Creating value through strategic outsourcing is no exception. Whether the scope is regional or global, there is no single deal structure, delivery model or sourcing process that works in every situation. Pillsbury Global Sourcing tailors our approach to fit your business’ unique circumstances and goals.
2011
CostMarking Factsheet
Pillsbury Global Sourcing's CostMarking method is a proven tool for establishing a fair price based on the underlying cost of delivering the services.
8/17/2011
To the Cloud! Anticipating the Legal Issues in Cloud-Based Gaming
Authors: Jenna F. Karadbil, John L. Nicholson
Given the great interest in “the cloud” from a business perspective, as well as Microsoft’s popularization of the concept with its "To the Cloud!” advertising campaign, it’s no wonder that many game providers are looking to the cloud as the next viable and profitable gaming platform. The cloud movement not only provides economic incentives through various subscription and pay-to-play models, but also helps defeat piracy by locking down game code and other intellectual property from potential thieves.
Summer 2011
Post-Grant Proceedings at the Patent Office After Passage of the America Invents Act
Author: Patrick A. Doody
Pillsbury is monitoring the progress of the proposed America Invents Act (AIA) legislation being considered in the U.S. House of Representatives. Northern Virginia partner Patrick A. Doody recently presented his analysis of the proposed legislation.
3/17/2011
Taking Corporate eMail to the Cloud: The Stored Communications Act and Control
Authors: Shawn P. Thomas, John L. Nicholson, Wayne C. Matus
While there is essentially 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, 18 U.S.C. §§ 2701-2712 ("SCA") and in cases addressing the concept of "control" under Fed. R. Civ. P. 34(a) that should be considered by large corporations thinking of migrating email to the Cloud.
3/7/2011
India Moves to Tax the Foreign Income of Its Outsourcers—End of the Offshore 'Vacation'?
Authors: Joshua B. Konvisser, Sanjeev Sachdeva
On February 28, 2011, the new Indian Union Budget was presented to the Indian Parliament.1 Although the budget includes numerous changes relevant to businesses operating in India, certain tax-related provisions are particularly salient to the customers of Indian outsourcing providers.
March 2014
From a Sea of Data to Actionable Insights: Big Data and What it Means for Lawyers
Source: Intellectual Property & Technology Law Journal
Authors: John L. Barton, Michael Murphy
This article was originally published in 26 Intellectual Property & Technology Law Journal No. 3, March 2014, at 8.
2/27/2014
Remain Vigilant: Managing Cybersecurity Risks in Third-Party Outsourcing Relationships
Source: Corporate Compliance Insights
Authors: Meighan E. O'Reardon, Aaron M. Oser
This article was originally published on February 27, 2014 and is reprinted with permission from Corporate Compliance Insights.
February 2014
Personal Data Transfers from the European Economic Area: Binding Corporate Rules Emerge as Increasingly Attractive Option
Source: World Data Protection Report (Bloomberg BNA)
Authors: Rafi Azim-Khan, Steven P. Farmer
This article was originally published in the February 2014, Volume 14, Number 3 issue of Bloomberg BNA's World Data Protection Report.
2/13/2014
Repeal of Third Party Harassment Provisions in the Equality Act 2010
Source: Sourcingfocus.com
Authors: Tim Wright, Amina Adam
This article was originally published in Sourcingfocus.com on February 13, 2014.
2/2/2014
A Contract Made in Two Places at Once?
Source: Sourcingfocus.com
Authors: Tim Wright, Tania L. Williams
This article was originally published in Sourcingfocus.com on February 2, 2014.
December 2013
Big Data and Cloud Solutions: Implications for Sourcing
Source: Practical Law
Authors: John L. Barton, Michael Murphy
This article was originally published in Practical Law Company's "Outsourcing Multi-Jurisdictional Guide 2013/14."
November 2013
U.K. Court of Appeal’s Award of Compensation for Distress to an Individual Following a Breach of the Data Protection Act: Opening the Floodgates for Claims by Individuals?
Source: World Data Protection Report
Authors: Steven P. Farmer
This article was published in World Data Protection Report, November 2013, published by Bloomberg BNA (www.bna.com).
June 2013
Mobile Privacy Practices: Recent California Developments Indicate What's to Come
Source: Computer Law Review International
Authors: James Chang, James G. Gatto, Meighan E. O'Reardon
This article was originally published in the June 2013 issue of Computer Law Review International (CRi).
July 2013
Reconciliation + Regulation = Complication
Source: Risk Magazine
Authors: Mike Pierides, Alistair J. Charleton
An updated version of this article was published in the July 2013 issue of Risk.
April 2013
Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0
Source: World Data Protection Report
Authors: Rafi Azim-Khan, Steven P. Farmer
What exactly is the ‘"best" solution for an international business needing to handle and transfer personal data across borders?
October 2012
A "Perfect Storm" of Data Law Changes; Are You Ready for a 2% of Global Turnover Fine?
Authors: Rafi Azim-Khan
Recent months and the EU January announcement have seen very major data protection law changes that affect not just UK or EU companies but any companies (particularly US) which are deemed to be caught by “processing” EU data.
July 2012
The Financial Services Authority
Source: E-Finance & Payments Law & Policy
Authors: Tim Wright
As part of the wider Retail Distribution Review, the Financial Services Authority recently launched a consultation which follows its August 2011 Policy Statement outlining its proposed ban on commission payments by product providers to platform providers and cash rebates to consumers. Tim Wright, a Partner at Pillsbury Winthrop Shaw Pittman LLP, reviews the new rules proposed by the FSA.
2011/12
What Happens On the Outsourcers Insolvency: A Comparison of Relevant Insolvency Principles in the U.S., India and China
Source: PLC Cross-border Outsourcing Handbook
Authors: Michael Murphy, Joshua B. Konvisser, Yusuf H. Safdari, Nishith Desai, Joseph Chan
Top-ranked IT and outsourcing lawyer Michael Murphy, nationally recognized outsourcing lawyer Joshua Konvisser and Pillsbury senior counsel Yusuf Safdari, along with Nishith Desai and Joseph Chan, explain U.S. bankruptcy law principles and issues most relevant to customers of insolvent outsourcing service providers. The authors provide a comparison of those principles with the insolvency frameworks in India and China in order to put customers in the best position to navigate the complexities of local insolvency laws. This article originally appeared in the PLC Cross-border Outsourcing Handbook 2011/12
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