Bierce & Kenerson, P.C.

William Bierce

William Bierce co-founded the firm in 1990. He has over thirty years of experience in corporate, commercial, technology, international business and financial transactions. Over the years, Mr. Bierce has undertaken extensive transactional responsibility in representing companies with outsourcing relationships for compliance with SOX, privacy, taxes and other regulations across a range of vertical markets such as information technology, telecommunications, publishing, healthcare, energy, manufacturing, insurance, banking and financial services. He is a continuing student and teacher of comparative legal and regulatory systems. Mr. Bierce has spoken at numerous conferences, been quoted in the press, including the New York Times, the Wall Street Journal, Financial Times and VC Magazine. He has taught MBA classes in international business and tax law at Pace University in New York.

Thought Leader:

Editor-in-Chief, www.outsourcing-law.com (since 2000 and #1 on Google under outsourcing law for many years) and Outsourcing Law and Business Journal^TM (since 2002).
HR Outsourcing Today Magazine, Contributor since 2003 (over 25 articles).
Program Chairman, Outsource World New York (Oct. 2006).
Director, Global Sourcing Council (not for profit organization promoting social and economic responsibility in outsourcing), www.gscouncil.org.

Books:

Chapter, The Contractors Perspective on Privatization, co-authored with Dan Cosgrove and Steve Else, in Privatizing Governmental Functions, by D. Ballati, editor, published by Law Journal Press, Corporate Law Series (May 2001; updates for 2002 and 2003).
Casebook, Legal and Tax Aspects of International Business Transations: Cases and Materials, unpublished (for use by students at Pace University Graduate School of Business) [New York], Feb. 1983, rev. Feb. 1984.

Acknowledgements:

John Berry, Offshoring Opportunities, Strategies, and Tactics for Global Competitiveness (Wiley, 2007).
James Maxeiner and Peter Schotthöfer, Advertising Law in Europe and North America (Kluwer, 1992).
Kenneth D. Weiss, How to Conquer the U.S. Market: A Guide for Exporting to the U.S. (Routledge Press, London, 1990).

Articles (Partial List):

Legislative Agenda for Global Services, Global Services magazine, (Feb. 2007 issue).
Privacy Law as a Selection Factor: Regulation of Transborder Data Flows Requires Managing Compliance with Privacy Laws, Human Resources Outsourcing Europe: Where Business Leaders Made HR Decisions (Spring 2004, vol. 2, no. 1), www.HROEurope.com.
Share-in-Savings Government Outsourcing, Forum on Government Transformation, published by Center for Public-Private Enterprise (Summer 2003).
Supranational Law of Outsourcing: Market Access Rights of Service Providers Under WTO Rules on Trade in Services, published at Firmbuilder.com (March 2003).
Truth in Outsourcing, published in Pharmaceutical Technology North America (November 2001).
Thirteen Biggest Mistakes in Outsourcing: Customers Mistakes and Vendors Mistakes, Outsourcing Journal (Dec. 2000).
Strategies for Managing Risks of Non-Performance by Alliance Partners, Integration Management (June 1997).
Differences between Outsourcing and Privatization of Information Services in America, Tolley’s Computer Law [London] (January 1997).
Commandes Macros + Arborescences Macro-Menu = Méthode d'Exploitation = non Copyright: La Cour Suprême Maintient la Décision en Faveur de la Société Borland, Revue Alain Bensoussan: Droit des Technologies Avancées [(Paris] (Aug. 1996).
The Crime of "Technological Duress" under New York Law, 10 Tolley’s Computer Law [London] (February 1994).
A Brief Guide to Rights in Computer Software: Recent U.S. Decisions, International Bar Association, Section on Business Law, International Computer and Technology Law (Committee R), 10 International Technology Newsletter No. 2, pp. 12-20 (Aug./Sept. 1993).
Joint Committee Report (principal author), Creditors' and Licensees’ Rights in Trademarks: Comparative Analysis and Recommendations for International Standards, by The Committee on Foreign and Comparative Law and The Committee on Trademarks and Unfair Competition, Bulletin of the Association of the Bar of the City of New York (April 30, 1993).
Etats-Unis: Petit Guide Des Droits sur les Logiciels: Décisions Récentes de Tribunaux Américains, Les Expertises des Systèmes d'Information 299 [Paris] (Sept. 1992).
Vers un Nouveau Droit International de la Technologie, Cahiers de l’Informatique Française 41 [Paris] (July 1990).
Marketing Foreign Technology in the United States: A Legal and Tax Framework for Computer Software, 1 Silex: La Revue Internationale du Droit de l'Informatique et des Systèmes d’Information [Paris] (1985).
Trading with the United States: Trade and Tariff Act of 1984, 4 [Canadian] National Banking Law Rev. [Toronto] (Mar.-Apr. 1985) (co-authored with Anthony R. Coscia).
Establishing a Computer Software Business in the United States: An Overview of United States Legal and Tax Considerations, 1 Worldlaw International Legal Maga¬zine 21 [Los Angeles, California] (1984).
Rent-a-Captive: Old Arrangement Has New Group Advantages, Business Insurance [Chicago] (Apr. 27, 1981).
Assessment of Political Risk to Foreign Investments: A Coalition-Oriented Methodology for the Multinational, European Research [London] (1980) (translation from French and revision, with Ferrier, Gantès and Paoli).

Speeches and Conference Presentations:

"Joint Ventures and Strategic Alliances: Determining the Most Appropriate Structure and Allocating Rights and Obligations", American Conference Institute (New York), Apr. 11, 2005 [CLE Credit].
"Privacy Issues in Outsourcing: Panel Discussion," Legal Issues In International Outsourcing, Institutional Investor Conferences (New York, New York, Sept. 30 Oct. 1, 2004) [CLE Credit].
Joint Venture Governance, Council for Business Development and Integration Executives, The Conference Board (New York, New York, March 20, 2002).
Model of an Outsourcing Governance Structure, Conference on Structuring Outsourcing Relationships for the 21st Century, sponsored by the Pharmaceutical Education & Research Institute, Inc. and the Bio/Pharmaceutical Outsourcing Report (valid for continuing education credits approved by the American Council on Pharmaceutical Education), Dec. 6-8, 2000 (Washington, D.C.).
"Drafting the Outsourcing Agreement," Conference on Outsourcing, Joint Services and New Service Businesses: New Strategies for Regulated Utilities, sponsored by Infocast Miami, October 16-17, 1997.
Panelist for forum on "Best Practices in Benchmarking," Conference on Third Generation Outsourcing: Innovation in Business Function Delivery, sponsored by Forbes Magazine and the Yankee Group, New York, November 7, 1996.
Union Internationale des Avocats and Pennsylvania State Bar Association (Annual Meeting), Limited Liability Companies: International Aspects -- What's In It for You, What’s In It for Your Client, Hershey, Pennsylvania, May 3, 1995.
The Association of the Bar of the City of New York, "LLC’s for International Commerce and Investment," Moderator of colloquium of four American lawyers and five foreign lawyers, New York, New York, March 6, 1995.
Centre d’Expertises CELOG / Agence pour la Protection des Programmes, 12th Annual Forum, "Amérique: L’adaptation juridique aux nouvelles activités commerciales. Aspects pratiques du dépôt auprès du Copyright Office américain," as part of forum: "De l’informatique à l’information: Programmes et données: La fusion," Paris, CNIT, Sept. 28, 1994.
Group Health Association of America, Inc., "Outsourcing and Facilities Management in Managed Care," Orlando, Florida, November 1991.
American Management Association, "Legal Issues in Information Technology: The Advanced Workshop, Legal Aspects of International Software Transactions and Outsourcing," New York, June 1990.
World Trade Institute, Training Program in International Procurement, Purchasing and Stores Management, Legal Aspects of International Purchasing, New York, March, May and October 1982; February and May 1983; February and May 1984.
N.Y.U. School of Law, Young Lawyers’ International Association, Introductory Course on American Law, The Foreign Investor in the United States: Overview of U.S. Tax Considerations, New York, March 1982.
American Management Association, Program on International Business Law, Civil Law Considerations in International Business Transactions, New York, July 1980.

Awards:

Awardee, HR Outsourcing Association Lawyer of the Year (2005).
Nominee, PriceWaterhouseCoopers and Corbett Associates Outsourcing Achievement Award (2000).

Associations:

Association of the Bar of the City of New York (Chairman, Committee on Foreign and Comparative Law, 1993-1996).
Information Technology Law Association (formerly named Computer Law Association).
American Foreign Law Association (Secretary 1993-1996; Vice President or Director since 1996).

Education:

Yale University (B.A. 1971).
University of Grenoble, France (Licence en Driot with honors, 1972).
New York University School of Law (J.D. 1975; articles editor for international law journal).

Admitted to Practice:

New York.
New Jersey
U.S. Court of International Trade.
Federal: SDNY, DNJ, D.C. Circuit, 9th Circuit.

Languages:

French.
some German and Spanish.

Prior Employment:

Windels, Marx, Davies & Ives (partner).
Law Offices of Samuel Pisar (associate).
Coudert Brothers (now Baker & McKenzie in some jurisdictions; associate).