Outsourcing and Business Process Management (BPM) pose significant opportunities and challenges across an enterprise’s organization. Successful business managers and private equity investors know that a business’ workflow, or business process, is crucial to success. Effective business process management enables entrepreneurs and businesses to transform their operations by adopting more adaptive cost-effective ways to do business through technology, shared sourcing, outsourcing, and people management. Mastering this process enables them to be more flexible and responsive to business changes and deliver improved quality of customer service.
Sustainable Legal Structures. In collaboration with the client and any other sourcing advisors, we seek to provide sustainable, adaptive legal structures to business processes and solutions for clients seeking to improve their business workflows across the extended supply chain.
Life Cycles. In our BPM practice, we help clients to achieve results-oriented comprehensive solutions during the life cycle of an outsourcing relationship from its planning stages to contract negotiation to alternative exit strategies. We draft and negotiate contracts to harness the upside to achieve scalability, workflow transparency, legal compliance, provider accountability and responsiveness, process efficiency and adaptability. The contract needs to address the extended supply chain, that includes outsourcerers, suppliers, internal lines of business and the enterprise’s customer base. We advise clients to take a holistic, integrated approach in sourcing to understand how these collaborative relationships fit into their total business framework.
Governance, Risk Management, Compliance. We assist in developing governance structures to preserve and enhance value, transparency, business continuity, compliance, responsiveness, audit and control for the long-term. While scalability, governance, risk and compliance management controls are inherently built into every sourcing negotiation, we also assist clients in contract re-negotiations and renewals.
Business-Oriented Lawyering in BPM. As lawyers, we work closely with clients to understand and define legally their business objectives, compliance mandates, organizational design, identify legal risks, operational challenges, business continuity and sustainability plans, potential liabilities and to allocate risks, roles and responsibilities across a constellation of managed service providers and suppliers. We help clients structure and fine-tune business alliances that address risk management, compliance and operational excellence. Although reducing costs and increasing operational efficiencies are primarily the goals of this practice, we encourage clients to look beyond these factors and to invest time, energy and capital in ensuring that their business processes meet their objectives.
Territorial Scope. We have represented both domestic and international enterprise customers and service providers across a broad range of industry sectors. This extensive experience enables us to offer clients a unique perspective on the legal imperatives confronting both sides of the table and allows us to focus on critical make-or-break issues in a contract negotiation.
Platform for Growth. In our transactional support, we focus holistically on the roles that capital investment, people, process and technology play in finding the right solutions for each client. Our BPO legal experience enables Bierce & Kenerson to advise clients across a broad spectrum of outsourcing business processes and services to develop and enhance their business platforms.
Sourcing Publications. Bierce & Kenerson, P.C. authors most of the analytical content at www.outsourcing-law.com, a website dedicated to providing insights and analysis of legal and regulatory issues in outsourcing. It is #1 in a Google search on outsourcing law. We also edit the-newsletter, “Outsourcing Law & Business Journal”, which offers in-depth analyses of current legal issues in outsourcing ten times a year (to subscribe, click here).
Sourcing Leadership. We speak at industry conferences and author articles appearing on outsourcing-law.com and in leading outsourcing publications. We have been recognized as one of the top 20 World’s Best Outsourcing Advisors by the International Association of Outsourcing Professionals (IAOP). We are also ranked in the prestigious Chambers Global and USA: America’s Leading Lawyers for Business in “Technology and IT Outsourcing” categories.


