This is a webcast of the live New York session.Why you should attend
The year 2013 brings new risks and new opportunities for companies sourcing or providing critical services, including information technology, finance and accounting, human resources, facilities management, analytics and other critical non-core functions. There are new technologies, such as Big Data and cloud computing. There are new laws and regulations, and in more and more countries. Also, cloud computing and other innovations have created new issues under existing privacy and other laws. Fortunately, there are also new and better approaches to negotiating agreements for critical services and achieving compliance in an increasingly complex ecosystem, even in multi-sourced and multijurisdictional transactions. This conference brings together legal experts from both suppliers and customers to discuss the key legal areas in today’s sourcing deals and provides practical guidance so that lawyers can create value in advising clients on sourcing transactions.
What you will learn
- How you can add value in every phase of the outsourcing life cycle
- Hot topics and trends: Big Data, cloud computing, and more
- How to comply with privacy and data security regulations and address issues arising out of cloud computing
- Practical insights about the competing perspectives of customers and suppliers, and the challenges they face
- Key provisions in a master services agreement for sourcing critical services
- Offensive and defensive IP strategies to avoid traps and unanticipated results from new technology
- Special issues and provisions to maximize value in multi-country sourcing
- What can go wrong, and how to avoid common pitfalls
Special Features
- Earn one hour of Ethics credit
- Mock negotiation of an outsourcing agreement
Who should attend
This seminar is designed for attorneys who are involved in outsourcing arrangements; corporate, technology, intellectual property, employment, regulatory, tax, financial, and insurance lawyers; and business professionals.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
All times are E.D.T.
Day One: 9:00 a.m. - 5:00 p.m. (E.D.T.)
Morning Session: 9:00 a.m. - 12:30 p.m. (E.D.T.)
9:00 Introduction
John F. Delaney, William A. Tanenbaum
9:15 The Outsourcing Life Cycle
- Evaluation, contracting, transition, governance,renegotiation and exit stages
- Effective and efficient processes
- Differences based on product or service and delivery location
- How lawyers can help to mitigate risk and maximize value at each stage
Brad L. Peterson
10:15 Anatomy of a Master Services Agreement
- Sweep clauses, change management and other key mechanisms
- Creative compromises regarding contentious contractual provisions
- Structuring and drafting tips
- Common mistakes to be avoided
John F. Delaney
11:15 Networking Break
11:30 Intellectual Property Issues
- Overview of patents, copyrights, trademarks and trade secrets
- Identifying and resolving IP issues in outsourcing that can lead to adverse business risks
- Ownership and licensing of IP – identifying what is different in outsourcing
- Using business drivers to determine allocation of IP rights
- IP and data ownership issues in Big Data, cloud, mobile and social media
William A. Tanenbaum
12:30 Lunch
Afternoon Session: 1:45 p.m. - 5:00 p.m. (E.D.T.)
1:45 The Intersection of Cloud Computing and Privacy: Stop, Go or Proceed with Caution?
- The importance of due diligence
- Key privacy issues in cloud computing
- The influence of Europe on the rest of the world
- Contracting for privacy compliance
Rebecca S. Eisner
Cloud Computing: The Customer’s and Provider’s Perspectives
- Internal best practices for governing the use of the cloud
- Managing the use of the cloud within the enterprise
- “Showstoppers” in cloud contracting
- Compliance and regulatory issues
John F. Delaney, Kenneth A. Mendelson, Jeffrey D. Osterman, Gabriel Stern, William A. Tanenbaum
3:45 Networking Break
4:00 Big Data in Outsourcing
- Legal issues in collecting data for analytics
- Legal issues in allowing the outsource provider to retain data
- Legal issues in de-identifying data and devising a data destruction plan
- Industry practices in the evolving role of analytics as an organizational change agent
- Examples of industry applications of advanced analytics
- Lessons from a recent business survey
Jon Neiditz, Anshu Prasad
5:00 Adjourn
Day Two: 9:00 a.m. - 4:30 p.m. (E.D.T.)
Morning Session: 9:00 a.m. - 12:15 p.m. (E.D.T.)
9:00 Multi-Country Sourcing – Part I: Key Structural Considerations
- Added complexities of multi-country outsourcing
- Common structures for global sourcing arrangements
- Key direct and indirect tax considerations in multi-country outsourcing
- Emerging alternative structures for multi-country outsourcing
Michael S. Mensik
10:00 Multi-Country Sourcing - Part II:Key Employment Issues
- Implications of automatic and non-automatic employee transfer jurisdictions
- Information and consultation obligations to works councils or other employee representative bodies
- End of service term employment issues and consideration
- Proper planning for multijurisdictional outsourcing initiatives
Monica R. Kurnatowska
11:00 Networking Break
11:15 What Really Goes Wrong with Sourcing Agreements?
- How do companies actually manage sourcing agreements once signed?
- Results of ISG’s client survey on what items cause issues, disputes and contract interpretation requirements
- What the legal community can do to mitigate risks
Jon Lightman
12:15 Lunch
Afternoon Session: 1:15 p.m. - 4:30 p.m. (E.D.T.)
1:15 Making Better Deals
- Alignment of deal elements and terms
- Haste and its hazards
- Process issues and improvements
- Risks – allocate or transfer?
- Scope, its documentation and management
- Smarter, simpler documents
Danny Ertel, George Kimball
2:15 Networking Break
2:30 Mock Negotiation of an Outsourcing Deal
- Top practitioners negotiate key clauses in outsourcing agreements
- Supplier and customer perspectives and approaches
- Crafting the deal while building the relationship
Adam S.T. Behar, Vivian A. Maese, Robin Rosenberg
3:30 Ethics Issues in Negotiating Sourcing Deals
- Zealous representation within the bounds of the law
- Puffery vs. false statements: where is the line drawn?
- Client confidences, the attorney-client privilege and waiver
- Limits on communications with adverse parties
- Ethical considerations in legal process outsourcing
- Metadata, social media and other emerging issues
Madhavi Tandon Batliboi
4:30 Adjourn
Co-Chair(s)
Speaker(s)
Gabriel Stern ~ Managing Counsel, Emerging Businesses, salesforce.com, inc.
Program Attorney(s)
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
PLI's Live Webcasts are approved for MCLE credit (
unless otherwise noted in the product description) in the following states/territories: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana
1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York
2, Ohio
3, Oklahoma, Oregon*, Pennsylvania
4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia
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*PLI will apply for credit upon request.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
1Indiana: Considered a distance education course. There is a 6 credit limit per year.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
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If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.