Author Info for Pillsbury - Global Sourcing Practice

John Barton

Can IT Outsourcing Learn From Facilities Management Outsourcing?

2013 began with a flurry of articles about companies insourcing work or rethinking their sourcing strategies. The reasons for this vary by company, but often include a perception that outsourcing has not delivered the cost…more

Information Technology Outsourcing, Outsourcing, Technology

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Mike Beasley

Cloud Computing: Not Always the Low Cost Alternative

There is no doubt cloud computing has delivered multiple benefits to the IT organization. However, without proper management and controls, these benefits could become a non-trivial expense to the organization. In a Wall Street…more

Cloud Computing, Computer Servers, Popular, Wall Street Journal

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Brian Bodor

Out with the Old, In with the New: Commercial Flexibility & Revenue Expectation in IT Outsourcing Agreements (Part 2 of 2)

Happy new year, outsourcing industry! In our last post, we posited that the new year brings an opportunity for a fresh start in structuring fundamental aspects of an outsourcing transaction. We pointed to the following…more

Contract Termination, Information Technology Outsourcing, Revenue Growth, Service Agreements, Withdrawal

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Mark Booth

United States, EU and UK Sign Treaty on the Use of Artificial Intelligence

In a landmark moment for global AI governance, the United States, European Union and United Kingdom have signed the Council of Europe’s framework convention on artificial intelligence and human rights, democracy, and the rule of…more

Artificial Intelligence, Ethics, EU, Human Rights, Innovative Technology

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Paige Burris

CFPB Proposed Rule Puts Non-Bank Consumer Contract Clauses Under Heightened Scrutiny

The Consumer Financial Protection Bureau (CFPB), the primary federal regulator charged with enforcing consumer financial protection laws, recently announced a proposed rulemaking that would require the myriad non-banks subject…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Financial Services Industry, Non-Bank Lenders

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Andrew Caplan

U.S. Financial Regulators Continue Focus on Bank-Fintech Partnerships through Guidance and Request for Information

On July 25, 2024, the Board of Governors of the Federal Reserve System (FRB), Federal Deposit Insurance Corporation (FDIC) and Office of the Comptroller of the Currency (OCC) issued a joint statement describing potential risks…more

Anti-Money Laundering, Banking Sector, FDIC, Federal Reserve, Financial Institutions

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Brooke Daniels

As Getting Highly Skilled Workers to the U.S. Gets Harder for Service Providers: What Should Customers Be Considering?

Outsourcing service providers have long been in the practice of bringing highly skilled employees from India and other locations to work with local businesses within the United States. Outsourcers such as Wipro, TCS and Infosys…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures

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Benjamin Dean

Addressing Cyber Attacks and Data Breaches in Supplier Contracts - Part 2: How are Limits of Liability Evolving, with Respect to the Issue of Data Breaches?

Ten years ago, most "buyers/customers" expected their suppliers to absorb unlimited contractual liability if the supplier was responsible for a breach affecting the customer's data. Today, while customers may continue to insist…more

Commercial Insurance Policies, Contract Negotiations, Cyber Attacks, Data Breach, Suppliers

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Mario Dottori

Don’t Get Caught with your Transition Services Down (part 2 of 2)

In the first installment of this post, I posited that one factor contributing to disappointing results following a merger or acquisition is the flawed perception that transition services are not that important. I noted that this…more

Acquisitions, Mergers, Strategic Planning

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Steven Farmer

United States, EU and UK Sign Treaty on the Use of Artificial Intelligence

In a landmark moment for global AI governance, the United States, European Union and United Kingdom have signed the Council of Europe’s framework convention on artificial intelligence and human rights, democracy, and the rule of…more

Artificial Intelligence, Ethics, EU, Human Rights, Innovative Technology

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Brian Finch

The Deadline Looms for New York Cybersecurity Regulations Vendor Compliance Requirements

Financial institutions regulated by the New York Department of Financial Services (DFS)—referred to in this post as “Covered Entities”—should by now be well familiar with the department’s sweeping cybersecurity regulation, 23…more

Covered Entities, Cybersecurity, Financial Institutions, Financial Services Industry, NYDFS

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Jeffrey Hutchings

The Widespread Adoption of Agile Software Development Makes This a Good Time to Update Contract Templates

Agile is emerging as the prevailing methodology for software development. According to the 12th Annual State of Agile Report, a survey conducted by VersionOne and published earlier this year, 97% of respondent organizations…more

Software, Software Developers

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Joseph Kendall

Obamacare HealthCare.gov Issues Serve as a Reminder to Embrace Best Practices in Software Development and Integration Projects

October 1st marked the beginning of open enrollment for the federal and state health care exchanges ("Exchanges") created to comply with the Affordable Care Act ("ACA") of 2010, commonly referred to as Obamacare. The creation of…more

Affordable Care Act, Health Insurance Exchanges, Healthcare, Open Enrollment, Software

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Johanna Lipponen

The UK Government Announces Ambitious Proposals to Improve Software Security and Resilience

In light of the increasing organizational use of and reliance on software and the concerns raised regarding the malicious use of the same, the UK Government has published a response to its call for views on software resilience…more

Cybersecurity, Data Protection, Data Security, Risk Mitigation, Software

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Robert Logan

PATH Act Changes to FIRPTA

The Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act,” Division Q of the Consolidated Appropriations Act, 2016, P.L. 114-113, enacted December 18, 2015) made some important changes to the U.S. federal income tax…more

FIRPTA, Pension Funds, Protecting Americans from Tax Hikes (PATH) Act, REIT, Withholding Tax

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Samuel Markel

Operational Resilience Requirements May Be Coming for Large U.S. Banks Soon

On March 12, 2024, Acting Comptroller of the Currency Michael Hsu indicated in a speech that regulations may soon be forthcoming that would be designed to bolster larger depository institutions’ ability to withstand disruptions…more

Banking Regulators, Banking Sector, Banks, Depository Institutions, Financial Institutions

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Michael McCann

Why Are Cloud Transformations Challenging?

More than two decades in, cloud computing is no longer a technology that requires a herald or proselytizer. What began with government agencies and then financial institutions seeking expanded storage solutions and an…more

Cloud Computing, Cloud Storage, Data Security, IaaS, PaaS

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Catherine Meyer

The New UK-U.S. Data Bridge

The UK and U.S. Governments have now formalized the UK-U.S. Data Bridge. The U.S. Attorney General designated the UK as a “qualifying state” for the purposes of the Executive Order 14086 on September 18, 2023, and the UK…more

Data Privacy, Data Protection, General Data Protection Regulation (GDPR), International Data Transfers, Personal Data

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Brian Montgomery

U.S. Financial Regulators Continue Focus on Bank-Fintech Partnerships through Guidance and Request for Information

On July 25, 2024, the Board of Governors of the Federal Reserve System (FRB), Federal Deposit Insurance Corporation (FDIC) and Office of the Comptroller of the Currency (OCC) issued a joint statement describing potential risks…more

Anti-Money Laundering, Banking Sector, FDIC, Federal Reserve, Financial Institutions

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Scott Morton

United States, EU and UK Sign Treaty on the Use of Artificial Intelligence

In a landmark moment for global AI governance, the United States, European Union and United Kingdom have signed the Council of Europe’s framework convention on artificial intelligence and human rights, democracy, and the rule of…more

Artificial Intelligence, Ethics, EU, Human Rights, Innovative Technology

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Joseph Nash

Before You Sign—Options and Opportunity in IBM’s Latest Reinvention

Major mergers and spin-offs by IT service providers are rare, but when they occur (e.g., Xerox’s acquisition of ACS in 2010 and Atos’ subsequent acquisition in 2014, HPE’s 2017 spin-off of its Enterprise Services business and…more

Business Expansion, Customers, Information Technology, Outsourcing

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Richard Nielsen

Four Things You Should Know About New York's Recent Advisory Opinion on the Taxation of SaaS

On May 15, 2015, the New York Department of Taxation and Finance determined in Advisory Opinion TSB-A-15(2)S that the sale of certain cloud computing services were not subject to New York State sales and use tax. The Advisory…more

Advisory Opinions, Cloud Computing, SaaS, Sales & Use Tax

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Vipul Nishawala

The UDAAP Trap: How Financial Institutions can Avoid Penalties when Using Third Party Services

In Part 1, we noted that financial institutions could find themselves potentially liable for committing an alleged Unfair, Deceptive, or Abusive Act or Practice (UDAAP) as a result of the actions of certain types of external…more

Banks, Consumer Financial Protection Bureau (CFPB), Enforcement, Enforcement Actions, Third-Party Risk

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Matthew Oresman

United States, EU and UK Sign Treaty on the Use of Artificial Intelligence

In a landmark moment for global AI governance, the United States, European Union and United Kingdom have signed the Council of Europe’s framework convention on artificial intelligence and human rights, democracy, and the rule of…more

Artificial Intelligence, Ethics, EU, Human Rights, Innovative Technology

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Aaron Oser

Before You Sign—Options and Opportunity in IBM’s Latest Reinvention

Major mergers and spin-offs by IT service providers are rare, but when they occur (e.g., Xerox’s acquisition of ACS in 2010 and Atos’ subsequent acquisition in 2014, HPE’s 2017 spin-off of its Enterprise Services business and…more

Business Expansion, Customers, Information Technology, Outsourcing

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Mia Rendar

AI Testing: NIST’s Dioptra as a Step Forward, and Other NIST Guidance

As part of NIST’s recent mandate to formalize AI Testing set forth in President Joe Biden’s Executive Order on AI, NIST recently released a testbed called Dioptra that can be utilized to conduct evaluations to assess AI…more

Artificial Intelligence, Biden Administration, Breach of Contract, Executive Orders, Innovative Technology

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Glenn Richards

911 Concerns Fuel New FCC Proceeding

Imagine dialing 911 and hearing an automated voice tell you that what you have dialed is not a valid number; or reaching a 911 call center only to have emergency personnel dispatched to the wrong location. In response to such…more

911 Calls, FCC, Public Safety Answering Point (PSAP), VoIP

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Roger Roy Jr.

Before You Sign—Options and Opportunity in IBM’s Latest Reinvention

Major mergers and spin-offs by IT service providers are rare, but when they occur (e.g., Xerox’s acquisition of ACS in 2010 and Atos’ subsequent acquisition in 2014, HPE’s 2017 spin-off of its Enterprise Services business and…more

Business Expansion, Customers, Information Technology, Outsourcing

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Lee Rubin

The UK Government Announces Ambitious Proposals to Improve Software Security and Resilience

In light of the increasing organizational use of and reliance on software and the concerns raised regarding the malicious use of the same, the UK Government has published a response to its call for views on software resilience…more

Cybersecurity, Data Protection, Data Security, Risk Mitigation, Software

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Craig Saperstein

The UDAAP Trap: Avoiding CFPB Penalties for Financial Institutions Using Third Party Services

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…more

Compliance, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Employer Liability Issues, Third-Party Liability

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Sandro Serra

Regulated Industries and AI Systems

Innovation has historically been driven by companies in regulated industries—e.g., financial services and health care—and some of the most intriguing use cases for generative AI systems will likely transform these industries…more

Artificial Intelligence, Financial Services Industry, Information Technology, Machine Learning, NIST

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Jeewon Serrato

United States, EU and UK Sign Treaty on the Use of Artificial Intelligence

In a landmark moment for global AI governance, the United States, European Union and United Kingdom have signed the Council of Europe’s framework convention on artificial intelligence and human rights, democracy, and the rule of…more

Artificial Intelligence, Ethics, EU, Human Rights, Innovative Technology

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Gabby Torres

U.S. Financial Regulators Continue Focus on Bank-Fintech Partnerships through Guidance and Request for Information

On July 25, 2024, the Board of Governors of the Federal Reserve System (FRB), Federal Deposit Insurance Corporation (FDIC) and Office of the Comptroller of the Currency (OCC) issued a joint statement describing potential risks…more

Anti-Money Laundering, Banking Sector, FDIC, Federal Reserve, Financial Institutions

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C. Brian Wainwright

PATH Act Changes to FIRPTA

The Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act,” Division Q of the Consolidated Appropriations Act, 2016, P.L. 114-113, enacted December 18, 2015) made some important changes to the U.S. federal income tax…more

FIRPTA, Pension Funds, Protecting Americans from Tax Hikes (PATH) Act, REIT, Withholding Tax

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Elizabeth Zimmer

Regulated Industries and AI Systems

Innovation has historically been driven by companies in regulated industries—e.g., financial services and health care—and some of the most intriguing use cases for generative AI systems will likely transform these industries…more

Artificial Intelligence, Financial Services Industry, Information Technology, Machine Learning, NIST

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Pillsbury - Global Sourcing Practice

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