Archive for the ‘offshoring’ Category

Level the Playing Field – Levy a Value Added Tax on Offshored Services

Wednesday, April 21st, 2010 by admin

With the huge layoffs in major employment sectors such as IT, Accounting and Legal (to name just a few), our Federal government has to step in and correct the trade imbalance with lower wage, emerging nations (e.g. India).  As it stands now we are stripping out all of our middle class jobs and packing them off to India.

The best way, I believe, to tackle this problem is to add a value added tax to all services performed by American companies in foreign nations.   Thus all hourly service fees, manufactured goods, and other work product would be subject to a corrective VAT.  This could be pegged to the currency rates of each country’s currency versus the dollar or could be a flat fee applied across the board.

The only way to prevent outsourcing of American work overseas is to level the playing field.  Emerging nations have no incentive to impair their citizens’ ability to find work (unlike our nation) and thus we have to take corrective action in order to save our way of life and standard of living. Otherwise, we will continue to wipe out the American Middle Class and leave only a precarious few at the top, some with decent paying government jobs and the rest scrapping around to make do, paycheck to paycheck.

Instead of levying taxes on domestically produced products, it’s time to tax the offshore and outsourced production and allow American taxpayers to keep working and retain their standard of living.  As it stands now, the lure of lower wages, the absence of OSHA, anti-discrimination, environmental and labor law is too strong.  Each day brings more news of another company outsourcing its labor force to India, China or another low wage, sweatshop nation.  If we do not do something, then all of our efforts at reducing pollution, establishing regulations and laws to protect workers and the environment will be rendered pointless.

This would certainly bring a lot of chatter to international circles, including the WTO.  But in the end, maybe it is time to abandon such organizations if they are one sided arrangements that constitute a gutting our middle class and destroying our way of life.

If, as the outsourcing apologists contend, that outsourcing increases employment here in the United States, please point me to all of the jobs that outsourcing has created.  I will happily post any such information here.  Of course no one will reply,  as many, many more jobs have been lost due to outsourcing than will ever be created stateside.  Workers retrain at great expense only to find their new career to be outsourced as well.

Former Reagan Official Slams Outsourcing as “Lose-Lose” for American Workers

Tuesday, April 20th, 2010 by admin

ggazette_11_24_04_outsourceIn a scathing article entitled, “The Offshore Outsourcing of American Jobs: A Greater Threat Than Terrorism” Dr. Craig Paul Roberts lambastes the Corporate American whitewashing of the disastrous effects of outsourcing.  A few clips,

In what might be an underestimate, a University of California study concludes that 14 million white-collar jobs are vulnerable to being outsourced offshore. These are not only call-center operators, customer service and back-office jobs, but also information technology, accounting, architecture, advanced engineering design, news reporting, stock analysis, and medical and legal services. The authors note that these are the jobs of the American Dream, the jobs of upward mobility that generate the bulk of the tax revenues that fund our education, health, infrastructure, and social security systems.

The loss of these jobs “is fool’s gold for companies.” Corporate America’s short-term mentality, stemming from bonuses tied to quarterly results, is causing US companies to lose not only their best employees-their human capital-but also the consumers who buy their products. Employees displaced by foreigners and left unemployed or in lower paid work have a reduced presence in the consumer market. They provide fewer retirement savings for new investment.

Nothink economists assume that new, better jobs are on the way for displaced Americans, but no economists can identify these jobs. The authors point out that “the track record for the re-employment of displaced US workers is abysmal: “The Department of Labor reports that more than one in three workers who are displaced remains unemployed, and many of those who are lucky enough to find jobs take major pay cuts. Many former manufacturing workers who were displaced a decade ago because of manufacturing that went offshore took training courses and found jobs in the information technology sector. They are now facing the unenviable situation of having their second career disappear overseas.”

He continues,

Outsourcing forces Americans to “compete head-to-head with foreign workers” by “undermining US workers’ primary competitive advantage over foreign workers: their physical presence in the US” and “by providing those overseas workers with the same technologies.”

The result is a lose-lose situation for American employees, American businesses, and the American government. Outsourcing has brought about record unemployment in engineering fields and a major drop in university enrollments in technical and scientific disciplines. Even many of the remaining jobs are being filled by lower paid foreigners brought in on H-1b and L-1 visas. American employees are discharged after being forced to train their foreign replacements.

The author then details how outsourcing is causing the destruction of our middle class and dropping our nation from first to third world status.  Exporting our technology also creates a national security risk.  The upshot of the article is that the outsourcing of our economy is having disastrous effects here in America.  Of course, anyone that has had their job outsourced already knows this.

Pangea3 Begins Outourcing Australian Attorney Work

Tuesday, April 20th, 2010 by admin
Night of the Living Dead

From the Movie, "Night of the Living Dead" (original)

Rapidly growing legal process outsourcing outfit Pangea3 is truly seeing the world as one continent for its cut rate services.  After gobbling up attorney work in the United States and the United Kingdom, Pangea3 is hungry for even more growth.  The latest target for its globalization is the Australian Bar.

It always starts with the messy “back office” work, which is quickly dispatched to India for purportedly humongous savings.  How long before the gutting of the ranks of overpriced Australian biglaw associates begins?  It always starts innocuously enough, but soon becomes a giant sucking sound with layoffs and competition for work with unlicensed Indian attorneys, whose services are offered at third world rates.  From the Bar and Bench,

Kamlani said, “We are in the process of developing a team and a relationship plan with Advent and initiating integrated service offerings in order to obtain best possible results”. It is interesting to see LPO companies looking beyond the traditional US or UK legal markets for opportunities.The Australian legal market although smaller than its western counterparts, offers similar per project billing rates as that of the UK and US.

Australian law firm revenues are supposed to be similar to that of the same size US law firms thereby providing a good opportunity for the LPOs to tap into this geography.

Much like zombies in Night of Living Dead, the first mindless converts having begun tearing the flesh from the Australian Bar.  They’re coming to get you, Oz!  Let’s hope they wake up down under and don’t sell out their profession the way the ABA has here in the USA.

Outsourcing to India Shaken by Increase in “Malicious Activity”

Tuesday, April 20th, 2010 by admin

b-thm-istr-header

Symantec’s 2009 Internet Security Threat Report reveals serious vulnerabilities in the growing outsourcing industry.  From the April, 2010 Executive Summary, India is seeing a major uptick in malicious activity,

India also experienced a surge in malicious activity in 2009, moving from 11th for overall malicious
activity in 2008 to fifth in this period. In 2009, India also accounted for 15 percent of all malicious activity in the Asia-Pacific/Japan (APJ) region, an increase from 10 percent in 2008. For specific categories of measurement in the APJ region, India increased rank in malicious code, spam zombies and phishing hosts from 2008. Its high ranking in spam zombies also contributed to India being the third highest country of spam origin globally. Malicious activity tends to increase in countries experiencing rapid growth in broadband infrastructure and connectivity, and the level of malicious activity occurring in India has been increasing steadily over several reporting periods as its broadband infrastructure and user base grows.

This is a serious threat, that could wreak havoc upon the entire Indian outsourcing enterprise.  From an article in the UK edition of CIO,

“The whole shift to outsourcing and offshoring is [potentially] exposed because “these countries are” not up to speed on, or don’t place the same emphasis on, security,” said Kevin Hogan, Symantec senior director of global security response operations, noting that India was 11th most likely source of malware in 2008 and is now fifth in the rankings.

It’s nice to see some objective, critical information being reported, rather the relentless shilling and hucksterism we so often have to endure.  Detailed, objective reports by companies like Symantec should be taken seriously and factored into the cost benefit analysis one should perform before outsourcing.  It’s not just about saving  x dollars per hour on the cost of contract attorneys, there are many more hidden dangers and costs associated with conducting business in the emerging markets (including India) around the world than performing the same work stateside (or “backshore”).

Hopefully this will be the beginning of a more realistic dialogue about outsourcing, including its  inherent risks and weaknesses.

Inside a Chinese Sweatshop

Saturday, April 17th, 2010 by admin

See this rather disturbing article (with pictures) regarding conditions at KYE’s Dongguan, China factory.  Microsoft’s products represent about thirty per cent of this factory’s output.  The products made in this factory are largely exported to the United States.

More on the Lawsuit to Keep Foreign Lawyers out of India

Saturday, April 17th, 2010 by admin

According to the AM Law Daily, the recent suit to prevent foreign “fly in” attorneys from practicing in India, was filed by a thirty year old Indian attorney.  From the article,

For one, Balaji, who names 32 law firms as defendants, claims that international firms are not properly abiding by the ban on practicing in India. “Advocates from various law firms are often visiting India and conducting seminars in various parts of our country,” Bajali alleges. “They are entering into India through visitor’s visa but the actual intention of their visit is to indirectly market and earn money out of clients from India by way of seminars.” And, later: “There is absolutely no scope for any foreign lawyer or foreign law firm to practice the profession of law in [India].”

This article suggests that the goal of the law suit is to establish reciprocity between American, British and Indian practicing attorneys.  This may be part of the reason that the ABA is considering liberalizing foreign attorney practice requirements in the United States.  More from the article,

But it seems clear that what Balaji is really worked up about is the lack of reciprocity between the U.S. (and, especially, the U.K.) and India in terms of allowing non-citizen lawyers to practice law in those countries. Balaji says that India shouldn’t loosen its rules and allow foreign lawyers to even give seminars in India until the U.K. and U.S. make it easier for Indian lawyers to practice in those countries.

A landmark ruling last year prohibited foreign attorneys from practicing law in India.

Contract Attorneys Shut Out of New ABA Policy

Thursday, April 15th, 2010 by admin

There are some interesting reactions in the Blogosphere to the ABA’s call for comments in regard to its formation of an official outsourcing policy.

First, from Kimberly Alderman over at Lawyer On!, compares contract attorneys to freedom fighters.  The ABA’s request for comments, she notes, conveniently leaves us out of the equation.

Next, the National Association of Feelance Legal Professionals has a great post summarizing this snub. As a side note, this might be a good organization to join.

Lastly, Tom the Temp, also has a riff on the ABA’s call for questions.

In my opinion, this appears to be a deliberately crafted omission of contract attorneys, the group most affected by the ABA’s current policies on outsourcing.  What the ABA really wants to know is how much money can be saved by large corporations and how it will ultimately affect Biglaw.

We are just the overflow workers who have zero voice or say in the matter.  As some have called us, we are the “Mud People” of the law;  nameless, faceless, anonymous drones who are permitted no opinion or participation.  To the ABA we obviously don’t count for much.

Update on Microsoft’s Legal Process Outsourcing Deals

Thursday, April 15th, 2010 by admin

In its latest LPO deal, Microsoft has outsourced its document review services to India with Integreon.   The Redmond giant will also use Integreon’s contract review services, located in North Dakota.

Earlier Microsoft agreed to a deal with CPA Global, in which it established,

A team of between three and five qualified lawyers at CPA now handle multi-jurisdictional legal support work, including legal research, at a base in Gurgaon, near Delhi.

Too bad for all of the document review attorneys at K&L Gates.  I would imagine that many have been let go.

94% Placement of India Law Students

Thursday, April 15th, 2010 by admin

The job market for lawyers is booming…in India.  The new crop of young attorneys from one of India’s top law programs is boasting an 84% hire rate and expects it to top out at 94%.  From the LegallyIndia.com article,

NUJS recruitment committee coordinator Shaswata Dutta said: “We are not expecting 100 per cent recruitment this year but compared to what we had last year it has been quite a fine run.”

The committee this year introduced a “no hold on policy”, said Dutta, which meant that students who were offered a job by any employer would have to withdraw from the recruitment process.

“It has worked for us this year,” he noted, adding that employers had reacted positively to the change although it would depend on the support of next year’s batch on whether the policy would continue.

It is interesting to  note that they placed a new rule on the students, that once they accepted an offer they would drop out of the hiring pool.  This is a policy that would work well for American Law students.  Too often in this Economy, top students get a flood of applicants, while those just below are left out in the cold.

Two of these students were hired by Pangea3, an LPO.  For a more detailed list, see below.

Sample of 2009-10 NUJS recruiters

Recruiting firm Accepted offers made to
NUJS 2010 finalists
Amarchand Mangaldas 12 (9 Mumbai, 3 Delhi)
Trilegal 7
Luthra & Luthra 5 (3 Mumbai, 2 Delhi)
Ginordia & Co 2
J Sagar Associates (JSA) 2
Phoenix Legal 2
Wadia Ghandy 2 (incl. 1 pre-associate internship)
AZB & Partners 1
Platinum Partners 1
Clifford Chance 1
Herbert Smith 1
Norton Rose 1
In-house / other
Steel Authority of India (SAIL) 4
ICICI 2
Dharma Productions 1
Pangea3 (LPO) 2

Who said Outsourcing to India Saves Money?

Monday, April 12th, 2010 by admin

Our friends over at Global Legal (outsourcing consultants) are offering an “Outsourcing Bootcamp” for American and U.K. legal practitioners.  This event is priced at decidely first world rates.  From their blog,

Registration
The early bird registration deadline has been extended! Delegates who register and pay by April 23rd will receive the discounted rate of $1,575. The regular fee of $1,895 applies thereafter.

Don’t delay: A business visa for India may take several weeks to process.  Register today online or contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it for further information.

Not only do you have to arrange for your own airfare and visas, it appears you have to pay for your own lodging as well.  It seems like a rather expensive gambit just to learn how to send document review to India.

Couldn’t they just hold this conference over the Internet, for say $5 per hour?  They must take UK and American lawyers for suckers!