Industry news

  • 5 Feb 2010 12:00 AM | Anonymous

    Accident management company Helphire Group could cut as many as 300 jobs in its Bath call centre in an attempt to reduce costs.

    Employees at the company’s Bath call centre will remain those most affected by the plans as the firm proposes the consolidation of its contact centre work and the work carried out at its two offices in the north of England.

    Helphire however, hope to transfer some of the roles.

    ‘A consultation process is underway with potentially affected employees within the Bath contact centre,’ Helphire said.

  • 5 Feb 2010 12:00 AM | Anonymous

    Great news: the outsourcing industry is making a gradual recovery - or so says the largest sourcing data and advisory firm in the world. TPI released their fourth-quarter and full-year 2009 data showing that the global outsourcing market had its best performance in six quarters and that a slow but steady recovery in the industry is underway.

    The 4Q09 Global TPI Index revealed that total contract values are up 47 per cent sequentially to $24.7 billion, the highest since 2Q08. 2010 is looking like it is going to be a positive year for outsourcing - and about time too.

    It is nice to start the Round-Up on a high. The positive news has been flowing into the sourcingfocus.com news room this week. So, for a change, the Round-Up is overflowing with optimism.

    Analyst firm Ovum has agreed with the National Outsourcing Association’s predictions which indicated that public sector outsourcing is on the rise. In particular, contact centre outsourcing is set for significant growth as public sector organisations attempt to cut costs.

    Among the new deals we reported on this week was the US drugstore chain Walgreens and tycoon Richard Branson’s Virgin Atlantic. Walgreens announced a BPO deal with Genpact for a ten-year period that will involve the transfer of at least 500 jobs. Virgin Atlantic signed a five-year agreement with SITA who will be providing IT support for the airline.

    There were some new mergers and acquisitions announced this week too. BPO provider Intelenet launched a new operations and customer contact centre in Krakow, Poland. Outsourcing Malaysia on the other hand announced plans to undergo a consolidation of sorts. The aim is to make it more competitive in the global market by merging it into a larger force to be reckoned with.

    It’s looking good, sourcing folks! If you fancy having your say about the outsourcing market check out Op2i’s outsourcing survey. The survey will be looking at the impact of the recession and its recovery on the outsourcing sector – with the results to be made available on sourcingfocus.com.

  • 5 Feb 2010 12:00 AM | Anonymous

    HP Enterprise Services has paired up with Geo to design and build a fibre network in the UK to connect two data centres in the North-East of England.

    Geo has designed new routes between HPs’ existing data centre in Sunderland and their new 330,000 sq. ft. eco-data centre near Middlesbrough.

    It will be the largest data centre to be commissioned in Europe in 2010. HP purchased the facility in February and immediately started its fit out as a high tech data centre site. Following completion of the build, the ongoing support and maintenance of this new network will be undertaken by Geo on HP’s behalf.

    “The Wynyard Data Centre incorporates the very best of data centre design, from the environmental features critical to its efficient operation through to the IT infrastructure,” said Gary Bailey, HP-Enterprise Services Network Programme Manager.

    “A key consideration in designing communication infrastructure for the facility was modelling all possible points of network failure to the highest levels of diversity and security. Geo demonstrated their capabilities in this respect and were selected for their ability to meet these demanding requirements,” added Bailey.

    “Geo has a wealth of experience in the design, build and operation of fibre networks in the UK. We have been able to provide HP with the expertise that comes from building and managing nationally more than 3,000km of network throughout the UK,” said Chris Smedley, Chief Executive, Geo.

    “Dedicated fibre optic networks offer the highest levels of reliability, total control, no sharing or shaping of traffic with the ability to scale up your bandwidth to as high a level as you need,” added Smedley.

  • 5 Feb 2010 12:00 AM | Anonymous

    Knowledge process outsourcing (KPO) has reached something of a revered status over the past year or two, hailed as the exciting progression of BPO into more specialist arenas. However, perhaps the sector isn’t quite as advanced as the hype would have us believe. At the NOA’s 2009 sourcing summit for example, a speaker asked the audience how many delegates could call their relationships KPO – and out of a room of 300, only two put up their hands. This doesn’t bode well for the sourcing industry’s new hope.

    To gain a better idea of where KPO may move to in the future – and why it hasn’t taken off as quickly as one might hope - let’s go back to basics to establish where the sector is at now and what issues it is facing. How exactly do the experts see KPO at the present time?

    “KPO is the next step in the evolution of BPO, and the natural progression of the value chain,” explains Ravi Shanker, vp BI and analytics at Capgemini. “It is the outsourcing of higher levels of judgment, deeper domain knowledge, and more complex decision making, which means that it can be applied to core tasks that directly impact clients.”

    Patni Computer Systems’ Satish Joshi agrees with this definition: “The knowledge-intensive and judgment-based nature of KPO skills involve a higher degree of complexity and require specialist domain knowledge,” he says. “Examples include doctors, nurses, actuaries, pharmacists, lawyers, and architects. Such skills are short in supply or extremely expensive in the US and Europe.”

    John Redfern, md, Inovis believes the sector is yet more specific than this: “KPO deals exclusively with the subcontracting of skilled work, such as B2B communications, to highly trained specialists,” he argues. “Project managers, migration experts and support teams with vast industry experience should be in place to provide a round-the-clock service.”

    “The basic idea,” concludes Nigel Edwards, vp and European head of Cognizant’s BPO practice, “is that by applying new knowledge, skill-sets or business savvy that were not previously affordable or available, organisations can enable new services or capabilities that, in the past, could not be considered feasible, achieving a totally unexpected outcome.

    “For example, one of our customers in the healthcare insurance industry has been taking advantage of skilled Indian labour to improve the effectiveness and extent of its investigation of fraudulent claims,” he explains.

    But what advantages does this specialist sourcing offer to the greater masses, and to those doing the work themselves? Nigel Edwards believes that KPO arrangements give offshore workers a far greater degree of job satisfaction and potential for career progression – helping to address the high attrition rates and customer service issues associated with these processes.

    “Tasks are typically analytical and require staff to be highly qualified, professional and mature,” he explains.

    John Redfern adds that often, this level of service from highly qualified professionals is just not possible from an in-house team, which often has to divide its time managing a variety of different functions, with less specialist expertise in any one key area.

    “By targeting individual business processes, KPO dispels the myth that outsourcing is for large multi-national organisations only, and proves that small and large business alike can benefit from this kind of service,” he believes.

    “Whereas traditionally, outsourced contracts were often high-value, long term commitments, KPO contracts in today’s economy are targeted at a much wider pool of businesses and markets, and are just as likely to be low-cost contracts which run over shorter time frames,” he concludes.

    If all of this sounds a little too glowing, the sector certainly doesn’t come without its drawbacks – one of which is organisations’ understandable reluctance at times to outsource key business processes – particularly if they are specialist to that company and require extremely specific skills. This could naturally cause some anxiety about the performance of the outsourcer from an end-user perspective – particularly if the operation is being moved offshore.

    John Redfern goes further with regards to the outsourcing of specialist IT functions: “Perhaps understandably, many businesses have been uncomfortable with the prospect of third parties having access to company data.

    “In addition, a lack of reliable IT infrastructure, both in terms of hardware and system availability has led to some apathy towards outsourcing,” he says.

    This isn’t the only drawback, however. Satish Joshi argues that cost is another deterrent for those looking at KPO: “Because KPO skill sets involve specialised education, domain expertise along with analysis and decision-making as opposed to the more process driven and rule-based BPO, they need a substantial investment,” he argues. “In India context, KPO salaries could be 25-50 per cent higher than those offered to BPO professionals.”

    Nigel Edwards disagrees with this hypothesis, however: “The wage differential between near and offshore skilled professionals with significant experience is greater than that of the graduates with lower levels of skill and experience traditionally hired into transaction processing operations,” he explains. “This means that KPO actually presents a better business case than the traditional BPO deals, albeit on a smaller scale.”

    And what of the future for the KPO sector? Ravi Shanker argues the sector still has a long way to go before reaching a level of general acceptance to match BPO: “KPO is still an emerging market, which consists of a large number of niche players vying for sector specific opportunities based upon their own specialities,” he says. “By its very nature, the sectors and expertise involved make it a good fit for niche providers.

    “That said, however,” he concludes, “there is certainly room for the major players in outsourcing and BPO to utilise their knowledge of existing markets and claim their position in this very exciting space during 2010 and beyond.”

  • 4 Feb 2010 12:00 AM | Anonymous

    Risk is a nebulous but vital concept that has been central to commercial transactions ever since business began. Assessing the likelihood of any decision yielding benefit versus possible negative outcomes is a complex and time-consuming process. In today’s competitive environment, such is the need to ‘insure’ companies as much as possible, risk has even spawned its own job role at many large companies – the risk manager. This person or department, must assess every key business decision or partnership, and influence the decision as to whether it should be allowed to go through.

    When applied to outsourcing, the risk equation can become much more difficult. The unknown quantity is the outsourcing partner – another whole company to appraise and understand as intimately as possible to make sure almost nothing can go wrong. The challenges of risk-insuring a company against outsourcing failure are all too apparent and horror stories still abound. In late January this year one of the longest-running disputes in the outsourcing industry finally came to a head after a court ordered EDS to cough up for its failings in BSkyB’s CRM project. Outsourcing executives are still getting things wrong and there is always much to be learned.

    One area where outsourcers go awry is in the reason for outsourcing in the first place. The most common adage is ‘you don’t outsource a problem’ on the basis that much outsourcing is process and service-led. An outsourcer is just as likely to have the same problem with something as an in-house department. However, outsourcing can be used to transfer risk itself on the basis of reducing reliance on full-time staff and fluctuations in requirement.

    Ferenc Szelényi, MD of Dell Perot Systems, argues:, “Outsourcing can be very effective in transferring risk, especially in pricing and operational risk.”

    The trouble is, outsourcers frequently appear wooed by the possibilities of reducing risk, costs and other headaches while important concerns are forgotten – not least ensuring that the outsourcing provider is equipped to deliver what it claims as with the EDS example.

    “However, supplier management is absolutely crucial to make it a success and some companies don’t put enough emphasis on it,” continues Szelényi.

    The difficulties associated with managing outsourcing suppliers are varied but most lead back to communication difficulties. TPI, the sourcing advisory firm, identifies risks associated with contracts, transitions to suppliers, delivery of requirements, financial mismanagement, capability to carry out work and misalignment of expectations. The vast majority of problems experienced by those engaging in outsourcing seem to emerge from poor relationships between buyer and supplier.

    Despite this, the industry is currently seeing a change that increases the amount of suppliers many end users are using – multisourcing. The trend towards expanding supplier rosters for increased competition and less-risky deals continues apace. This is despite research from PA Consulting last year indicating that outsourcing end-users were relatively naïve about the amount of governance time and investment multisourcing entails.

    Jonathan Cooper-Bagnall, member of PA Consulting’s Management Group, explained last year: “We are seeing more and more that multisourcing is a developing trend, making integration of services all the more crucial. However, many ‘tier one’ organisations have already had to invest heavily in teams of people to fulfil the integration role, simply through lack of an early identification of the need for service integration.”

    The reduction in risk associated with a single large supplier is clearly reduced through multisourcing, but it seems organisations must cough-up financially to balance governance risks at the other end.

    James Cockroft, managing consultant for Xantus Consulting, says, “Multiple outsourcing contracts can cause problems as they are often negotiated at different times through different in-house teams, even when using the same outsourced contractor.

    “This leads to ambiguities and can require more mediation. It can be like marriage counselling between different suppliers. This increases the size and nature of internal resource required to manage outsourced contracts.”

    However, it appears the costs associated with this extra management resource may be beneficial to the overall sourcing equation. As end-users become more advanced at managing outsourcing, the risks associated with surrendering control to suppliers reduce.

    Ferenc Szelényi, MD of Dell Perot Systems, explains: “Over the past few years, in a bid to minimize risk for the customer, the trend has been towards IT outsourcing deals that are smaller in size and shorter in duration.

    “Outsourcing has become mainstream and clients are more educated and sophisticated than ever before. They are, therefore, more comfortable managing multiple contracts with multiple vendors which also minimizes risk.”

    Aside from simply investing in management across outsourcing deals, there are numerous other areas that end-users can also address to minimise risk in working with outsourcers.

    “Outsourced suppliers do a lot of things well, but what they are not so good at should also be recognised. Strategy, commercial management, governance and contract management remain best suited to in-house departments. After all, a company will always know its business better than anyone else, regardless of how embedded outsourced suppliers are,” comments Cockroft.

    At the centre of almost all industry best-practice advice is a water-tight and coherent contract. Ensuring that all agreements, SLAs, KPIs and other metrics are appropriately enshrined in a clear legal document has become an important step in all outsourcing deals. Nowadays, most good suppliers will be as ardent about creating a clear contract as the end-user. Experience has taught the industry the importance of a good legal agreement and the contract usually provides key to ensuring everyone knows exactly what is going on.

    Phil Riman, partner at technology and corporate law firm, White & Black Legal, comments: "Relations between a company and its supplier often deteriorate for perfectly avoidable, but all too common, reasons.

    “These include the existence of unrealistic and inadequate transitional arrangements; poorly constructed service levels and flawed pricing structures which do not reflect trading realities.”

    To ensure risk is reduced and chances of success, increased, industry experts advise a clear contract and in-depth due-diligence before any agreement is put in place. Systematic assessment of suppliers, and locations if offshoring, should uncover and possible future issues.

    Iain Monaghan, partner at international law firm Pinsent Masons, adds: " Whatever the contract might say, it will be difficult for a regulated company to claim that it should take no responsibility for a major security breach if a cursory examination of its supplier's security arrangements would have shown they were inadequate.

    When offshoring enters the mix, the traditional risk equation can change significantly. Though sourcingfocus.com’s investigation last year found minimal impact on outsourcing operations from occurrences like Mumbai’s attacks and Sri Lanka’s war, some countries simply never make the list of possibilities locations. Those that do are subject to further scrutiny in areas including data protection and cultural alignment.

    Cockroft, believes, “Cultures and behaviours need to be carefully managed. In some cultures there is an automatic assumption by outsourced suppliers that the client is always right. Sometimes they will say “yes” publically, even when privately they know they are unable to deliver.”

    The onus is firmly on extensive supplier due-diligence whenever a company looks beyond its own shores. An end-user needs to be sure it can work effectively and efficiently with its chosen partner. However, those considering offshoring would also do well to examine the local macro-economic, legal and political environment to mitigate against further risks. Ferenc Szelényi explains that end-user should also look at governmental access to service providers as well as over the customer’s data.

    “Promising locations like South Africa, Columbia, Malaysia, Thailand and Mexico have done little in terms of Government initiatives or social change to allay client fears about their safety as an outsourcing destination. Some countries with more established IT export businesses, like the Philippines and Brazil, have been slow to progress.”

    While it is clear that risk can never be entirely removed from outsourcing, there are certainly many areas a careful end-user can address to reduce it significantly. At the centre of everything says Szelényi, is starting early and ensuring all risks are assessed and understood from the start: “An organisation’s security staff should be at the table from the start of the process and throughout the lifecycle of the outsourcing deal.

    “The security staff should be included in the operation’s management functions, working with the vendor’s delivery management staff, as well as the strategic planning functions where standards, architecture and integration decisions are made,” he concludes.

    Only by investing intelligently in supplier-assessment and management, it seems, can end-users truly sway the outsourcing risk-reward equation firmly in their favour.

  • 4 Feb 2010 12:00 AM | Anonymous

    By Brian Klingbeil, MD EMEA, Savvis

    Last year’s economic downturn has seen traditional ‘DIY’ organisations radically reassess their approach to IT management. Many enterprises have starting to shift budgets to flexible, service led purchasing of IT infrastructure as they identify that moving to managed infrastructure can reduce capital expenditure and costs whilst increasing business flexibility.

    Enterprises are also evaluating if this is the time to shift to cloud based infrastructure so as to capitalise quickly on the recovery opportunity. IT professionals are also learning how to assess which elements of their architecture are ripe for taking into the cloud.

    2010 is the year for Cloud Seeding. Those ‘in the know’ understand that you can now trust the cloud with mission critical applications, meaning enterprise cloud adoption will start in earnest this year. Making the right decision on when to shift to cloud based infrastructure is very important as it will then help businesses to capitalise from the beginnings of the upturn and insulate themselves somewhat from the risk of a W shaped recovery. With enterprises commencing their engagement their first cloud projects, they begin to understand better the benefits of cloud computing.

    The benefits for Cloud Computing as we all know are enormous, including cost-effective approaches to some of the common key challenges that confront IT organizations on a daily basis such as

    • How can we provide a better end-user experience at the lowest cost?

    • How can we meet availability and other SLA-based requirements?

    • How can we deal more effectively with the outages that will inevitably occur?

    That said, IT professionals evaluating cloud services must understand the policy implementation mode they are buying into. They need to think about how much control they need at the resource, application and operational levels – and then make sure that it’s available. Organisations and IT leaders that take an over-simplified view of cloud computing and commit to it without fully understanding the implications of such a move risk making things worse instead of better.

    Moving forward, the year 2010 will be the centred around cloud governance. IT organisations need to fully understand the implications of a move towards Cloud Computing rather than dive in without a plan. Only when IT professionals stay on top of the cloud by fully understanding the implications of a move towards Cloud Computing, possess a detailed understanding of decision-making policies across resources, applications and operations, then will they be able to look forward to reaping the much anticipated rewards of Cloud Computing.

  • 4 Feb 2010 12:00 AM | Anonymous

    Application outsourcing, the management and upgrades of packaged or customised software that is contracted out to a service provider, has come a long way since the Y2K projects of the 1990s. The Y2K, or millennium bug as it became commonly known, was a problem for both digital (computer-related) and non-digital documentation and data storage situations, resulting from the practice of abbreviating a four-digit year to two digits. Consequently, many projects related to the Y2K syndrome were outsourced on a large scale, with organisations seeking to acquire additional competence especially in applications during this stage.

    Traditionally, the process of an application outsourcing strategy can improve business effectiveness by promoting a tighter focus on managing costs. With the Y2K era potential costing companies millions in lost revenue, this approach made perfect sense. Since then, as marketplaces have expanded to global proportions and competition has increased, application outsourcing must remain cost-effective, by providing development and maintenance resources at price points that organisations could not previously obtain locally or internally.

    Time for change

    However, post Y2k, it hasn’t taken long for organisations to realise that application outsourcing’s attractiveness, as a cost-cutting exercise, is only one part of the story. While there will always be a place in every business plan for cutting costs, there is also room for new opportunities and fresh approaches. Organisations now have access to new talent, advanced techniques and technologies that can deliver additional benefits, most notably faster time to market for new applications and upgrades alike.

    For example, if you take the healthcare sector, many hospitals can now provide a hosted application platform that enables them to gain access to advanced clinical IT solutions in a shared resource or dedicated server environment. Application outsourcing platforms can also enable hospitals to deploy technology faster, more affordably and using fewer internal resources.

    As application outsourcing solutions continue to evolve, transforming from a strictly tactical solution to a strategic one, companies will be able to deliver measurable business value and competitive advantage. However, in order for organisations to embrace this, they need to overcome a number of challenges.

    Success brings new challenges

    In the near future, it is my view that application outsourcing will need to address a variety of challenges, some external and some created by the very opportunities it has itself created. For example, application outsourcing’s ability to deliver significant cost savings has enabled organisations to put new downward pressure on IT budgets. As a result, many IT departments are being challenged to transform one-time or short-term savings into repeatable, consistent efficiencies. Many CIOs are also looking for application outsourcing solutions to provide sustainable savings that can be used to self-fund new business-oriented projects.

    Secondly, Governance is another area where, up until now, application outsourcing may have created as many challenges as it has solved. For example, organisations that have embraced application outsourcing with numerous projects and vendors have begun to realise they may actually have made their processes and models more complex. Moreover, they may even lack adequate processes when integrating across cultures, languages and time zones.

    Thirdly, risk management is probably the most obvious challenge inherent in application outsourcing. CIOs are constantly looking for new ways to offset the risks that come with offshoring. These risks arise from such varied sources as language barriers, political unrest, or natural disasters such as typhoons or earthquakes.

    However, not all the challenges application outsourcing will have to address in the future are of its own creation. As CIOs and their organisations become more comfortable with the concept of application outsourcing, they are asking themselves if their current outsourcing solutions are doing everything possible to help the business achieve its objectives. Therefore, it is down to the vendor to combine this new emphasis on business objectives with the existing emphasis on IT objectives.

    The future

    The application outsourcing choices that an organisation makes can now help to ensure that future is more company-friendly, allowing themselves to embrace change without having to commit to massive disruptive transformations over a short period of time. To achieve this goal, application outsourcing solutions will need to work hand-in-hand with infrastructure and a myriad of application solutions, from in-house custom applications to new Internet applications.

    As CIOs continue to align their internal efforts with an organisation’s business goals and objectives, outsourcing solutions will, by necessity, follow suit. In the near future, it will no longer be the CIO and his or her department who are solely responsible for this business-IT alignment. Outsourcing vendors in general—and application outsourcing vendors in particular—will be retooling their processes and methods in order to measure and substantiate an outsourcing solution’s business value.

  • 4 Feb 2010 12:00 AM | Anonymous

    The long running case between British Sky Broadcasting ("Sky") and Electronic Data Systems, now HP Enterprise Services ("EDS") has now finally been decided in a decision that has taken 15 months alone for the judgement to be released.

    In his recent 468 page judgment, Mr Justice Ramsay of the London Technology & Construction Court (a division of the English High Court) recently ruled that major IT and outsourcing provider EDS was partially liable to Sky in relation to the failed implementation of a new customer care or "CRM" system. Sky are now anticipated to be awarded damages in excess of £200 million. We summarise the facts and the outcome of the case below.

    The Facts

    Following an extended tendering process, in November 2000 Sky entered into a CRM implementation contract with EDS to refresh their subscriber and customer relationship systems. The implementation services under the contract were priced at initially £48 million and the contract had a liability cap of £30 million.

    EDS committed to deliver a system which would "go live" in July 2001 for a baseline budget of £47.6 million. The implementation did not go as planned and the contract was renegotiated twice, in July 2001 and March 2002, when Sky took over as lead integrator. Sky alleged that by March 2002 EDS had repudiated the contract and it was effectively terminated. It was claimed that the CRM system was finally completed (by Sky) in 2006 at an approximate cost of around £265 million.

    In August 2004, Sky issued proceedings against EDS, claiming in aggregate around £700 million under various heads of loss.

    Because the contract contained a limitation of liability clause which would otherwise have constrained its ability to recover contractual damages at large, Sky not only alleged breach of contract, but also in the tort of deceit (ie for fraud) and for negligent misstatement under the Misrepresentation Act 1967.

    The Judgment

    Deceit

    The Court found that EDS did not make fraudulent representations with respect to having sufficient resources, or in the estimate of costs in providing the system.

    However EDS was found to be fraudulent in the timescales it provided Sky as it did not carry out a proper analysis of the time it would require to deliver the system and it had no reasonable grounds for its representations. The key factor in the judge's decision was the credibility and evidence provided by or in relation to the lead on the EDS side of the project, EDS managing director Joe Galloway who Mr Justice Ramsay found "demonstrated an astounding ability to be dishonest".

    Negligent Misstatement

    Mr Justice Ramsay concluded that the "Entire Agreement" provision in the contract did not prevent Sky from claiming negligent misstatement (a crucial drafting error). EDS were thus also held liable for negligent misstatement under the Misrepresentation Act 1976 for its statements which induced Sky to enter into a subsequent Letter of Agreement. EDS were found not to have "carr(ied) out a proper analysis and re-planning exercise" in producing the reviewed programme for it to be achievable.

    Contractual Warranties

    The court held that EDS breached warranties of use of reasonable skill and care and good industry practice as it failed to properly resource the project, delayed in carrying out the work and failed to capture the requirements or manage processes effectively.

    Lessons to be learned

    Whilst the damages that Sky anticipate to receive are huge, most of the allegations against EDS were actually dismissed. EDS have indicated that they will seek an appeal, disputing that they misled Sky. The case must therefore be seen in this context, and there is of course a possibility that the legal outcome will change.

    Nevertheless, the case is part of a clear judicial trend and is a stark warning shot to suppliers of services in all sectors (not just those in the IT and outsourcing markets) who must now take time to consider their sales generation cycles and in particular those of their employees who are leading discussions with customers.

    What this will mean for both vendors and customers is that "sales talk" and unattainable promises, combined with customers who are unsure of what they want and/or with unrealistic goals may have devastating consequences. Both sides will have to be careful in the way they describe the project and how that project will be delivered in the tendering, selection and contracting stages.

    The outsourcing industry in particular is characterised by a model which is to drive sales "at all costs" and to incentivise this behaviour by aggressive use of commission driven sales teams. Local sales managers are in the very worst cases not subject to management oversight at all. The Sky case is perhaps an extreme case of this, particularly in light of EDS' managing director Joe Galloway, who was completely discredited and shown to be, in its classic sense, a liar. However, especially in hard economic times, it is perhaps time for the industry to take stock and consider how the risks of sales cycle processes and lead generation can be mitigated.

    So far as outsourcing agreements themselves are concerned, the judgement also dealt with a range of other issues that will have wide implications not restricted to the industry, including:

    • unless a standard Entire Agreement clause is worded carefully, a party could still be liable for misrepresentations made before the contract was signed;

    • how the phrase "full and final settlement" may not be adequate if it does not explicitly cover "all known claims and unknown claims"; and

    • clarifying the impact of the words "subject to contract" in the question of the enforceability of a Memorandum of Understanding.

    What can you do ?

    From a sales cycle perspective it is vitally important that you understand what your sales force are empowered to do, and how they are incentivised to write new business. Whilst no-one wants a complacent sales force, targets that are too aggressively set may amplify a natural human tendency to exaggerate and put your organisation at risk. It is clear from the facts of the Sky case that Joe Galloway was a "loose cannon". The fact that no-one was aware of his tendencies at EDS was a clear indictment of the supervisory management process within that organisation.

    From a drafting perspective, in light of the comments made in the judgment, you should at a minimum revisit whether your standard agreements are effective, particularly in relation to limitation of liability and entire agreement provisions.

  • 4 Feb 2010 12:00 AM | Anonymous

    BPO provider Intelenet is launching a new operations and customer contact centre in Krakow, Poland.

    The 150-seater facility, located in Southern Poland, will “enhance the company’s near shore capabilities in Europe”, said the company, which plans to grow the facility to 500 seats in around a year.

    The centre will make use of the “rich multi-lingual talent base” found in Poland.

    “The BPO business has truly grown global over the years and clients look at outsourcing partners that can manage critical processes from multiple global locations,” said.Susir Kumar, managing director and chief executive officer,

    “The new facility is a step forward to augment our nearshore presence, and provide a globally integrated service offering to our clients,” he added.

  • 4 Feb 2010 12:00 AM | Anonymous

    US drugstore chain Walgreens has signed a ten-year outsourcing agreement with Genpact in a move that will involve transferring at least 500 jobs.

    As part of the contract, Walgreens plans to transfer its accounting processes to Genpact resulting in around 500 Walgreen accounting staff in Illinois, U.S, joining Genpact’s payroll.

    “The deal will help us improve cost productivity and facilitate our growth strategy, while maintaining an agile and service-focused organisation,” said Walgreens executive vice-president and CFO Wade Miquelon.

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