GLOBAL TECHNOLOGY AND OUTSOURCING PRACTICE GROUP. Quito Conference, July 16, 2004

Transcription

1 SÃO PAULO BRASÍLIA FORTALEZA RIO DE JANEIRO MACEIÓ NATAL CAMPINAS ARACAJU PORTO ALEGRE RIBEIRÃO PRETO NEW YORK SALVADOR RECIFE

2 GLOBAL TECHNOLOGY AND OUTSOURCING PRACTICE GROUP Quito Conference, July 16, 2004

3 Purpose Seek out ways that member firms can work together to serve clients and increase their technology transactions practice; Help each member firm develop business by exchanging information on business development practices or jointly commissioning business development materials that can then be adapted for use by each firm as its own materials; Help each member firm improve its technology transactions practice; Enhance the quality of relationships between Lex Mundi members; and Be a substantive resource for member firms.

4 GTO Practice Group has 234 enrolled members of 119 law firms; Latin America/ Caribbean Regional Group has 46 enrolled members of 23 law firms. Leadership: General Information Chair: J. Ross Docksey (Sonnenschein Nath & Rosenthal - USA) Chair-Elect: Jeremy Charlston (Clayton Utz - Australia) Asia/ Pacific: Xiaolin Zhou (Jun He Law Offices - China) Europe/ M. East/ Africa: Torben Waage (Kromann Reumert - Denmark) Latin America/ Caribbean: Leonardo Leite (Demarest e Almeida Advogados - Brazil) North America: John Kennedy (Morrison & Foersten LLP)

5 Last Meetings Main Topics Europe/ Middle East/ Africa Regional Conference held in Rome on March 5, The index of form documents, templates regarding law firms and attorney profiles were presented to the participants. North American Regional Conference held in San Francisco on May 14, Messrs. Ross Docksey and Jonh Kennedy talked about the Outsourcing Transactions in Sarbanes-Oxley Act.

6

7 Templates

8 Templates

9 Templates

10 Templates

11 Conference Call of June 30, 2004 Subjects discussed: The regional groups shall try to bring specialized people to talk about their experience with outsourcing; It is necessary to create constantly communications among the GTO members, at least among the regional members; and In the regional groups, discuss about: regulatory aspects re outsourcing; areas for outsourcing; support from government; costs; mains problems; most active countries as India, China, Philippines; tax, intellectual property, secrecy and privacy issues.

12 Conference Call of June 30, 2004 Resources to members of the GTO: Regulatory information; Environment for the matter in all countries; Outflow of labor/jobs; and Data sensitivity/ proper control of data.

13 Main Aspects of Outsourcing in Latin America Why Brazilian companies outsourced their information technology area? To reduce costs; To focus on their core business; To constantly upgrade the technology used in their systems. Disadvantages Less control of security systems; Confidentiality

14 Labor Risks Main Aspects of Outsourcing in Latin America In Brazil there is a rule providing that there is no employment relationship between the contracting party and the employees of the service provider of specialized services related to the ancillary activities of the contracting provided that there are no direct subordination and personality. However, in case the service provider fails to perform its labor obligations, the contracting party shall be secondary liable if participated in the legal proceedings and appears in the judicial enforcement instrument.

15 News related to Technology Outsourcing in Brazil This month Gol Linhas Aéreas Inteligentes outsourced its information technology area to Itautec Serviços. Bankboston transferred its datacenter to IBM. The agreement has term for 10 years. All Bankboston s employees connected to the datacenter area shall be transferred to IBM. Logocenter, a technology company from Paraná, announced the partnership with IBM to shore up its technology outsourcing services. Logocenter shall offer to its clients IBM s datacenter. In the end of 2003 Abn Amro Bank celebrated an outsourcing agreement of software development in the amount of R$ 5 million with CPM S.A. (Deutsche Bank Capital Partners and Banco Bradesco S.A.)

16 News related to Outsourcing in Brazil In September, 2003 was announced in Brazil that Procter & Gamble outsourced its Human Resources area to IBM. The US$ 400 million agreement has term for 10 years. In 2003 Cargill saved 25% of printing costs outsourcing this area to HP. Ericsson saved 35% in the first quarter of 2003 outsourcing its printing area to HP.

17 SÃO PAULO BRASÍLIA FORTALEZA RIO DE JANEIRO MACEIÓ NATAL CAMPINAS ARACAJU PORTO ALEGRE RIBEIRÃO PRETO NEW YORK SALVADOR RECIFE