Contracts, Compliance, and IP

I just spent a remarkable hour interviewing Marc Friedman, an IP/IT attorney with Sills Cummis Epstein & Gross (, and what Dian said in her “Doing Rigorous Offshore Selection” about Mark Ehr's Network World column resonated.

In the interview – you'll be able to read right here – Marc described himself as a “risk manager” for his clients and recommended that firms considering outsourcing, particularly offshore outsourcing, consult an experienced attorney when outsourcing is still a “gleam in their eye.”

Why? Well, not only because a lawyer like Marc can explain the risks involved, but also because having a good RFP will help set the tone for contract negotiations. You probably need to know how import/export regulations and tax and labor law should be handled – not just intellectual property. And, depending on your industry and corporate structure, you may have additional compliance issues related to Sarbanes-Oxley, HIPAA, or the Gramm-Leach-Bliley Federal Financial Privacy laws.

So, stay tuned! And remember, what you don't know can hurt you.

Related: Sarah Scalet's “Offshore sniff test” opinion (“Nobody ever asked me whether I wanted my financial information sent outside the U.S.”) at,10801,99084,00.html.