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Global Sourcing Forum 2010

Loeb & Loeb LLP is pleased to announce that partner Akiba Stern will speak on a panel titled, "Managing Change: Embedding Flexibility in your Global Sourcing Contracts" at the 2010 Global Sourcing Forum.

From the conference website:

Business Process Outsourcing (BPO) and IT Outsourcing (ITO) services and capabilities are quickly evolving across the globe. Changing global dynamics make it difficult for executives to keep abreast of how these changes can positively affect their businesses. This event is unique as it brings together thought leaders, sourcing executives, academics and global suppliers to one location across two days to discuss, debate and learn about the challenges and opportunities posed by changes in their industry. This event has a great significance for Medium and Large sized companies (Global 2000) that are increasingly adopting global sourcing and offshoring as a competitive tool. The destination showcase also allows delegates to meet face-to-face with service providers and country representatives from over 25 countries to discover how best to take advantage of a globalized marketplace.

Selected Agenda

Wednesday, October 13, 2010
10:45 am - 11:35 am
– Managing Change: Embedding Flexibility in your Global Sourcing Contracts

Outsourcing is about moving the customer’s internal business function to a supplier’s environment.  The customer’s steady-state environment was continuously evolving before the outsourcing – and the supplier’s must do so after the outsourcing without changing the fundamental underpinnings of the outsourcing or the charges.

Similarly, from time to time, fundamental changes occur to the customer’s internal business function that would have resulted in fundamental changes to the customer’s environment.  The supplier’s environment must be able to make similar fundamental changes within a well understood and documented process that allows the service delivery model and/or charges to change in a manner that does not take advantage of the customer’s limited options for implementing the fundamental changes.

We will address how the following contract provisions are utilized build flexibility into the contract in a manner that furthers the objectives laid out above: 

  • Scoping provisions
  • Continuous improvement obligations
  • Changes in law and regulation
  • Change management
  • Governance
  • Pricing bands
  • Repricing events
  • Partial termination
  • Termination “penalties”

We will also address when it may be beneficial for the parties to engage in a review of the performance of the business function under the contract against its objectives and how to foster change when objectives are not being met. 

Akiba Stern, Partner, Loeb & Loeb LLP
Marina Gracias, Visa