Pillsbury Global Sourcing Practice

Aviva’s £8.2M FCA Fine a Stark Reminder that Regulated Firms Cannot Outsource Their Regulatory Responsibilities

The FCA has fined Aviva, the UK insurance group, £8.2 million for failing to have appropriate controls over its outsourced service providers. According to the FCA’s press release, the fine would have been even larger at £11.8…more
| Civil Procedure, Finance & Banking

FCA Says Big Data Use by Insurers Generally Working Fine—Data Protection Concerns Flagged

The UK’s financial services regulator, the Financial Conduct Authority (FCA), has recently published summaries of the responses it received to a Call for Inputs (CfI) on the use of big data in the retail general insurance (GI)…more
| Finance & Banking, Privacy, Insurance, Science, Computers, & Technology

Amazon Case Means EU B2C Website Terms May Need an Update

If you operate a website which does business with consumers based in the European Union, read on. In the recent case, Verein für Konsumenteninformation v Amazon EU Sàrl (28 July 2016), brought by Austrian consumer…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade

UK Financial Conduct Authority—Regulated Firms Can Go to the Cloud

July 7, 2016, saw the UK’s Financial Conduct Authority (FCA) publish fresh guidance in order to clarify the requirements which apply to the financial services firms it regulates when outsourcing to the cloud. When the FCA talks…more
| Business Organizations, Finance & Banking, Privacy, Science, Computers, & Technology

Key Issues in Cloud Email Transactions

We all know that “cloud computing” is one of the most tired and overused phrases in the technology industry, and it has been for years. Everyone has gone “to the cloud” now, right? Not so fast. When it comes to cloud-based…more
| Privacy, Science, Computers, & Technology

IT, Commercial and Outsourcing Contracts: Brexit Top 10

According to Theresa May, the UK’s recently installed prime minister, Brexit means Brexit. But what this actually means in practice is still unknown. There is still a huge amount of debate over what Brexit will look like, what…more
| Business Organizations, International Law & Trade, Privacy, Science, Computers, & Technology

Yikes, Here Comes Brexit! What Next for the UK’s Sourcing Industry?

In case you missed it, the Great British public caught the world off guard when, on 23 June 2016, a small but significant majority voted in favour of the UK withdrawing from the European Union. Much like the termination of an…more
| Business Organizations, International Law & Trade

President’s Cybersecurity National Action Plan Seeks to Leverage Private Sector Expertise for Federal Advancement

As stated by Wired, “It’s all the standard advice you’d give a tech novice,” aptly sums up the White House’s Cybersecurity National Action Plan (CNAP) that President Obama unveiled on February 9, 2016. Announced as part of the…more
| Elections & Politics, Privacy, Science, Computers, & Technology

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
| Elections & Politics, International Law & Trade, Real Estate - Residential, Securities Law, Taxation

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
| Commercial Law & Contracts, Science, Computers, & Technology

Out with the Old, In with the New: Commercial Flexibility & Revenue Expectation in IT Outsourcing Agreements (Part 1 of 2)

The advent of the new year provides an opportunity to contemplate a fresh start — and that’s just what is needed when it comes to structuring the fundamentals of an IT outsourcing transaction. Early IT outsourcing…more
| Commercial Law & Contracts, Science, Computers, & Technology

Say “Yes” to the Service Desk: 4 Keys to Documenting Services like a Champ

Of Silk and ServicesAs I listened to my wife, a custom wedding dress designer, talk a hysterical bride off the cliff this past weekend, I realized the conversation sounded eerily familiar. My wife was certain that the completed…more
| Commercial Law & Contracts

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
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Mergers & Acquisitions

Top EU Court’s Ruling Subjects Companies Doing Business Across Europe To “New Sanctions” in Potentially Unfamiliar Jurisdictions

The Court of Justice of the European Union (CJEU) has been very busy in recent weeks re-shaping EU privacy laws. In addition to the much-anticipated decision in “Schrems” (Case C-362/14), which essentially rules the US-EU Safe…more
| Civil Procedure, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Meet George Jetson, His Boy Elroy ? — Commercializing ITO Automation

These days it seems every supplier’s infrastructure pitch book is full of the virtues and potential benefits of their drive toward automation, the objective being to get the same work done for less. What’s not clear is whether…more
| Commercial Law & Contracts
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