This document discusses the challenges that attorneys face when navigating administrative issues and advancing technology in foreign public sectors on behalf of private companies. There are two main issues: 1) politics can constrain progress and impact profits, and 2) it is difficult to adapt private sector information systems to the differing needs and structures of foreign public agencies. The attorney must work to identify compatibility issues, understand differences between the private and public sectors, and help design policies and procedures to mitigate challenges through cooperation between sectors. Customizing solutions rather than forcing private standards is key to avoiding failures when working abroad.
Technological innovation is reshaping markets and creating new opportunities for businesses at a faster rate than at any other time in living memory. But to realise the promise of greater economic growth, incumbent businesses, challengers and the policymakers who regulate them need to find a balance that encourages fairness without either stifling entrepreneurialism or compromising the public interest.
Finding this balance has proven difficult for businesses and industry regulators alike.
In order to build greater understanding of the trade-offs at play in ensuring a level playing field, this report explores the specific challenges that regulators face when it comes to disruptors, and explores workable models for increased collaboration between the public and private sectors.
This presentation by the John O. McGinnis, Northwestern Pritzker School of Law was made during a roundtable discussion on Disruptive innovations in legal services held at the 61st meeting of the Working Party No. 2 on Competition and Regulation on 13 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/disruptive-innovations-in-legal-services.htm
Economic Aspects Of Enforcing The Rule Of Law BodinOllivierBodin
This is about the difficulties to establish the Rule of Law in Soth-Est Europe, about the economic costs of a lack it and about thrust and confidence building in networks.
In a bumper edition of Public Matters, we cover:
• the OFT’s recent report into the supply of ICT to the public sector
• further analysis of the new public procurement directive
• a new case on ineffectiveness
• the latest state aid developments, an analysis of PFI savings, case law developments on consultation obligations and recent developments on information sharing.
What does Industrialization really mean for BankingCapco
Dr. Peter Leukert, Strategy Global Financial Institutions, FIS
Industrialization strategies that enable banks to reduce cost and complexity while improving customer service.
- Driving forces for industrialization in banking
- Transforming front and back office
- Regulatory trend towards localization (industrialization without globalization?)
- Taking cost and complexity out of the value chain
A Review of Competition Policy for the Digital Era (Cremer et al Report)Nicolas Petit
This slide presentation reviews the much awaited 2019 report "Competition Policy for the Digital Era" written by Jacques Crémer, Yves de Montjoye and Heike Schweitzer. The report sets out a rich list of options for future EU competition policy in the digital sector. Given the close involvement of DG COMP in the fact finding process, it is likely that the report will make impact in decision making circles. This presentation critically reviews the main suggestions of the report, and tries to identify those items that are most likely to inform future EU competition policy evolutions.
Technological innovation is reshaping markets and creating new opportunities for businesses at a faster rate than at any other time in living memory. But to realise the promise of greater economic growth, incumbent businesses, challengers and the policymakers who regulate them need to find a balance that encourages fairness without either stifling entrepreneurialism or compromising the public interest.
Finding this balance has proven difficult for businesses and industry regulators alike.
In order to build greater understanding of the trade-offs at play in ensuring a level playing field, this report explores the specific challenges that regulators face when it comes to disruptors, and explores workable models for increased collaboration between the public and private sectors.
This presentation by the John O. McGinnis, Northwestern Pritzker School of Law was made during a roundtable discussion on Disruptive innovations in legal services held at the 61st meeting of the Working Party No. 2 on Competition and Regulation on 13 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/disruptive-innovations-in-legal-services.htm
Economic Aspects Of Enforcing The Rule Of Law BodinOllivierBodin
This is about the difficulties to establish the Rule of Law in Soth-Est Europe, about the economic costs of a lack it and about thrust and confidence building in networks.
In a bumper edition of Public Matters, we cover:
• the OFT’s recent report into the supply of ICT to the public sector
• further analysis of the new public procurement directive
• a new case on ineffectiveness
• the latest state aid developments, an analysis of PFI savings, case law developments on consultation obligations and recent developments on information sharing.
What does Industrialization really mean for BankingCapco
Dr. Peter Leukert, Strategy Global Financial Institutions, FIS
Industrialization strategies that enable banks to reduce cost and complexity while improving customer service.
- Driving forces for industrialization in banking
- Transforming front and back office
- Regulatory trend towards localization (industrialization without globalization?)
- Taking cost and complexity out of the value chain
A Review of Competition Policy for the Digital Era (Cremer et al Report)Nicolas Petit
This slide presentation reviews the much awaited 2019 report "Competition Policy for the Digital Era" written by Jacques Crémer, Yves de Montjoye and Heike Schweitzer. The report sets out a rich list of options for future EU competition policy in the digital sector. Given the close involvement of DG COMP in the fact finding process, it is likely that the report will make impact in decision making circles. This presentation critically reviews the main suggestions of the report, and tries to identify those items that are most likely to inform future EU competition policy evolutions.
Smart cities are driving economic competitiveness, environmental sustainability and livability. To make a city resourceful is to make it more efficient, more attractive, and more eco-friendly, all while making a real improvement to Citizens quality of life. While financing options are not evolving quite as fast as technology, they are evolving nonetheless. Lean how to fund and finance your smart city project.
This presentation by Miguel de la MANO, Executive Vice President of Compass Lexecon, was made during the discussion “Co-operation between Competition Agencies and Regulators in the Financial Sector: 10 years on from the Financial Crisis” held at the 64th meeting of the OECD Working Party No. 2 on Competition and Regulation on 4 December 2017. More papers and presentations on the topic can be found out at oe.cd/284.
Merger Evaluation Framework for StakeholdersBill Kohnen
A Non Financially driven framework for stakeholders to evaluate the impact and benefits of a proposed merger. Includes detailed scoring model and illustration of use by looking at proposed merger of Applied Materials and Tokyo Electron
This presentation by Geoffrey A. Manne, Founder & Executive Director of the International Center for Law and Economics was made during the discussion on "Big Data: Bringing competition policy to the digital era" held during the 126th meeting of the OECD Competition Committee on 29 November 2016. More papers and presentations on the topic can be found out at www.oecd.org/daf/competition/big-data-bringing-competition-policy-to-the-digital-era.htm
This presentation by the OECD Competition Division was made during a roundtable discussion on Public interest considerations in merger control held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 14 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/public-interest-considerations-in-merger-control.htm
This presentation by the OECD Competition Division was made during the discussion on "Sanctions in Anti-trust cases" held at the 15th Global Forum on Competition on 2 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/competition-and-sanctions-in-antitrust-cases.htm
This presentation by the OECD Competition Division was made during a roundtable discussion on Commitment Decisions in Antitrust Cases held at the 125th meeting of the OECD Competition Committee on 17 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/commitment-decisions-in-antitrust-cases.htm
This presentation by the Caroline Wallace, Legal Services Board, UK was made during a roundtable discussion on Disruptive innovations in legal services held at the 61st meeting of the Working Party No. 2 on Competition and Regulation on 13 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/disruptive-innovations-in-legal-services.htm
This presentation by Chinese Taipei was prepared for the discussion on “Abuse of Dominance in Digital Markets” held at the 19th OECD Global Forum on Competition on 8 December 2020. More papers and presentations on the topic can be found at http://oe.cd/dmkt.
This presentation was uploaded with the author’s consent.
Some know more about payment gateway for collegeboobtrana
A further observation is that in many cases these dilemmas imply a conflict between the commercial and social interests of various stakeholder groups. However, it is very difficult to draw some general conclusions about when either interest is at stake
Transforming Legal Profession To Legal Services (Legal Industry Analysis)Timothy LaBadie
Report on the "New Normal" and the changing nature and disruptive forces affecting the legal profession. Actionble advice for providers (attorneys and in-house counsel) and users (clients)of legal services.
This working paper was written in October 1999 by Dr A. Didar Singh, a senior civil servant (retd) and international trade expert as a guest consultant at the South Centre, Geneva
Pivotal Research Group LLC: Madison and wall 3 30-12Brian Crotty
Madison & Wall
A Recurring Review of Topics Affecting Advertising-Supported Media
March 30, 2012
Welcome to Pivotal Research’s “Madison & Wall”. The title refers to our work which
sits at the intersection between the advertising industry and the financial world. We
hope you’ll find these brief notes useful for their contrast to the hyperbole that
pervades much of the chatter at that location.
New forms of labour intermediation through digital platforms such as Uber, Deliveroo or Amazon Mechanical Turk can be conceptualized as the ultimate stage of a long-lasting process of disaggregation of the firm and “disorganisation of labour law”. In particular, the rise of platform-mediated work can be seen as a salient instantiation of deliberate business strategies aimed at developing outsourcing policies, while retaining intense and pervasive managerial prerogative. The phenomenon is exacerbating several unsolved tensions inherent to the contemporary world of work, let alone the perverse impact that “platformization” is having on precariousness and social inequalities.
In short, new technologies allow to abandon traditional methods of workplace governance and to adopt a stronger version of the “command and control” logic. The lack of direct interaction is replaced by a significant reliance on ICT, workers are monitored more closely and intimately than they ever used to be by means of tech tools, including algorithms, artificial intelligence and customers’ reviews. This leads to the question whether the existing concept of “firm” is appropriate to face this transformational new reality, whether minor or major adaptations may be necessary or whether a total re-invention of the basic assumptions of labour law is needed in order to explain ground-breaking models.
After describing the theoretical antecedents of hierarchical outsourcing, the article explores the literature on the nature of “non-standard forms of firm” by applying the analysis of transaction-costs economics. In an attempt to update the incomplete trichotomy between “hierarchies”, “markets” and “networks”, a complementary model combining pre-existing schemes will be presented. By building on theories unfolding the disarticulation of the formal employing entity and the pulverisation of work-related responsibilities, this paper demystifies the prototypical business model of rampant socio-economic actors. The overarching goal, indeed, is to place recent developments in a broader context.
These slides by the OECD Competition Division summarise the OECD discussion on "Big Data: Bringing competition policy to the digital era" held during the 126th meeting of the OECD Competition Committee on 29 November 2016. More papers and presentations on the topic can be found out at www.oecd.org/daf/competition/big-data-bringing-competition-policy-to-the-digital-era.htm
ICC has set out five recommendations to modernize the regulatory and competition framework that would provide protection for consumers while fostering competition, investment and innovation.
Smart cities are driving economic competitiveness, environmental sustainability and livability. To make a city resourceful is to make it more efficient, more attractive, and more eco-friendly, all while making a real improvement to Citizens quality of life. While financing options are not evolving quite as fast as technology, they are evolving nonetheless. Lean how to fund and finance your smart city project.
This presentation by Miguel de la MANO, Executive Vice President of Compass Lexecon, was made during the discussion “Co-operation between Competition Agencies and Regulators in the Financial Sector: 10 years on from the Financial Crisis” held at the 64th meeting of the OECD Working Party No. 2 on Competition and Regulation on 4 December 2017. More papers and presentations on the topic can be found out at oe.cd/284.
Merger Evaluation Framework for StakeholdersBill Kohnen
A Non Financially driven framework for stakeholders to evaluate the impact and benefits of a proposed merger. Includes detailed scoring model and illustration of use by looking at proposed merger of Applied Materials and Tokyo Electron
This presentation by Geoffrey A. Manne, Founder & Executive Director of the International Center for Law and Economics was made during the discussion on "Big Data: Bringing competition policy to the digital era" held during the 126th meeting of the OECD Competition Committee on 29 November 2016. More papers and presentations on the topic can be found out at www.oecd.org/daf/competition/big-data-bringing-competition-policy-to-the-digital-era.htm
This presentation by the OECD Competition Division was made during a roundtable discussion on Public interest considerations in merger control held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 14 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/public-interest-considerations-in-merger-control.htm
This presentation by the OECD Competition Division was made during the discussion on "Sanctions in Anti-trust cases" held at the 15th Global Forum on Competition on 2 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/competition-and-sanctions-in-antitrust-cases.htm
This presentation by the OECD Competition Division was made during a roundtable discussion on Commitment Decisions in Antitrust Cases held at the 125th meeting of the OECD Competition Committee on 17 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/commitment-decisions-in-antitrust-cases.htm
This presentation by the Caroline Wallace, Legal Services Board, UK was made during a roundtable discussion on Disruptive innovations in legal services held at the 61st meeting of the Working Party No. 2 on Competition and Regulation on 13 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/disruptive-innovations-in-legal-services.htm
This presentation by Chinese Taipei was prepared for the discussion on “Abuse of Dominance in Digital Markets” held at the 19th OECD Global Forum on Competition on 8 December 2020. More papers and presentations on the topic can be found at http://oe.cd/dmkt.
This presentation was uploaded with the author’s consent.
Some know more about payment gateway for collegeboobtrana
A further observation is that in many cases these dilemmas imply a conflict between the commercial and social interests of various stakeholder groups. However, it is very difficult to draw some general conclusions about when either interest is at stake
Transforming Legal Profession To Legal Services (Legal Industry Analysis)Timothy LaBadie
Report on the "New Normal" and the changing nature and disruptive forces affecting the legal profession. Actionble advice for providers (attorneys and in-house counsel) and users (clients)of legal services.
This working paper was written in October 1999 by Dr A. Didar Singh, a senior civil servant (retd) and international trade expert as a guest consultant at the South Centre, Geneva
Pivotal Research Group LLC: Madison and wall 3 30-12Brian Crotty
Madison & Wall
A Recurring Review of Topics Affecting Advertising-Supported Media
March 30, 2012
Welcome to Pivotal Research’s “Madison & Wall”. The title refers to our work which
sits at the intersection between the advertising industry and the financial world. We
hope you’ll find these brief notes useful for their contrast to the hyperbole that
pervades much of the chatter at that location.
New forms of labour intermediation through digital platforms such as Uber, Deliveroo or Amazon Mechanical Turk can be conceptualized as the ultimate stage of a long-lasting process of disaggregation of the firm and “disorganisation of labour law”. In particular, the rise of platform-mediated work can be seen as a salient instantiation of deliberate business strategies aimed at developing outsourcing policies, while retaining intense and pervasive managerial prerogative. The phenomenon is exacerbating several unsolved tensions inherent to the contemporary world of work, let alone the perverse impact that “platformization” is having on precariousness and social inequalities.
In short, new technologies allow to abandon traditional methods of workplace governance and to adopt a stronger version of the “command and control” logic. The lack of direct interaction is replaced by a significant reliance on ICT, workers are monitored more closely and intimately than they ever used to be by means of tech tools, including algorithms, artificial intelligence and customers’ reviews. This leads to the question whether the existing concept of “firm” is appropriate to face this transformational new reality, whether minor or major adaptations may be necessary or whether a total re-invention of the basic assumptions of labour law is needed in order to explain ground-breaking models.
After describing the theoretical antecedents of hierarchical outsourcing, the article explores the literature on the nature of “non-standard forms of firm” by applying the analysis of transaction-costs economics. In an attempt to update the incomplete trichotomy between “hierarchies”, “markets” and “networks”, a complementary model combining pre-existing schemes will be presented. By building on theories unfolding the disarticulation of the formal employing entity and the pulverisation of work-related responsibilities, this paper demystifies the prototypical business model of rampant socio-economic actors. The overarching goal, indeed, is to place recent developments in a broader context.
These slides by the OECD Competition Division summarise the OECD discussion on "Big Data: Bringing competition policy to the digital era" held during the 126th meeting of the OECD Competition Committee on 29 November 2016. More papers and presentations on the topic can be found out at www.oecd.org/daf/competition/big-data-bringing-competition-policy-to-the-digital-era.htm
ICC has set out five recommendations to modernize the regulatory and competition framework that would provide protection for consumers while fostering competition, investment and innovation.
Share nl report for the ministry of economic affairs on the innovation in the...shareNL
This report summarises research on barriers to investment in innovation and whether opportunities are currently feasible or not in the collaborative economy, and in the area of green growth. For this purpose, multiple roundtable meetings have been organised and interviews have been held with entrepreneurs, academics, legal experts, representatives of companies and government, who are active in the field of the collaborative economy. This summary sets outs the priority aspects of the collaborative economy which require action.
The collaborative economy contributes to green growth, but its potential can be utilised better. This can be achieved by looking at the opportunities and barriers, which now exist because the difference between producers and consumers has become more blurred, as well as changing trends of consumers renting or sharing products rather than owning products. As a result new risks and questions arise concerning liability, taxation, and competition. This report suggests a role for the government in four areas: (1) to ensure that current legislation is clear in how it applies to the collaborative economy; (2) to provide regulatory flexibility for experiments; (3) to monitor relevant developments and safeguard the public interest; and (4) to address the barriers that have been identified in this research.
Blockchain Smart Contracts - getting from hype to reality Capgemini
The potential of smart contracts – programmable contracts that automatically execute when pre-defined conditions are met – is the subject of much debate and discussion in the financial services industry. Smart contracts, enabled by blockchain or distributed ledgers, have been held up as a cure for many of the problems associated with traditional financial contracts, which are simply not geared up for the digital age. Reliance on physical documents leads to delays, inefficiencies and increases exposure to errors and fraud. Financial intermediaries, while providing interoperability for the
finance system and reducing risk, create overhead costs for and increase compliance requirements.
In this report, we aim to cut through the speculation and hype around the potential of smart contracts. We have conducted detailed discussions with financial services industry professionals, prominent smart contract startups and academics (see Research Methodology at the end of this paper). Our study confirms that smart contract adoption will lead to reduced risks, lower administration and service costs, and more efficient business processes across all major segments of the financial services industry. These benefits will accrue from technology, process redesign as well as from fundamental changes in operating models, as they require a group of firms to share a common view of the contract between trading parties. Consumers will benefit from more competitive products, such as mortgage loans and insurance policies, along with simpler processes that are free of many of the hassles of today’s customer experience.
Smart Contracts in Financial Services: Getting from Hype to Reality. Reporteraser Juan José Calderón
Smart Contracts in Financial Services: Getting from Hype to Reality.
Executive Summary
The potential of smart contracts – programmable contracts that automatically execute when pre-defi ned conditions are met – is the subject of much debate and discussion in the fi nancial services industry.
Smart contracts, enabled by blockchain or distributed ledgers, have been held up as a cure for many of the problems associated with traditional fi nancial contracts, which are simply not geared up for the digital age. Reliance on physical documents leads to delays, ineffi ciencies and increases exposure to errors and fraud. Financial intermediaries, while providing interoperability for the fi nance system and reducing risk, create overhead costs for and increase compliance requirements.
In this report, we aim to cut through the speculation and hype around the potential of smart contracts. We have conducted detailed discussions with fi nancial services industry professionals, prominent smart contract startups, and academics (see Research Methodology at the end of this paper). Our study confi rms that smart contract adoption will lead to reduced risks, lower administration and service costs, and more effi cient business processes across all major segments of the fi nancial services industry. These benefi ts will accrue from technology, process redesign as well as from fundamental changes in operating models, as they require a group of fi rms to share a common view of the contract between trading parties. Consumers will benefi t from more competitive products, such as mortgage loans and insurance policies, along with simpler processes that are free of many of the hassles of today’s customer experience.
The world is being transformed by new technologies, which are redefining customer expectations, enabling businesses to meet these new expectations, and changing
the way people live and work. Digital transformation, as this is commonly called, has immense potential to change consumer lives, create value for business and unlock
broader societal benefits.
The World Economic Forum launched the Digital Transformation Initiative in 2015, in collaboration with Accenture, to serve as the focal point for new opportunities and
themes arising from the latest developments in the digitalization of business and society. It supports the Forum’s broader activity around the theme of the Fourth
Industrial Revolution. Since its inception, the Initiative has analysed the impact of digital transformation across 13 industries and five cross-industry topics, to identify the
key themes that enable the value generated by digitalization to be captured for business and wider society. Drawing on these themes, we have developed a series of
imperatives for business and policy leaders that look to maximize the benefits of digitalization. We have engaged with more than 300 executives (both from leading
global firms and newer technology disruptors), government and policy leaders, and academics.
Every industry has its nuances and contextual differences, but they all share certain inhibitors to change. These include the innovator’s dilemma (the fear of
cannibalizing existing revenue models), low technology adoption rates across organizations, conservative organizational cultures, and regulatory issues. Business and
government leaders should continue to work towards addressing these challenges.
A notable outcome of this work is the development of our distinctive economic framework, which quantifies the impact of digitalization on industry and society. It can be
applied consistently at all levels of business and government to help unlock the estimated $100 trillion of value that digitalization could create over the next decade. We
have already started to leverage this framework for region-specific discussions with some governments.
We are confident that the findings from the Initiative will contribute to improving the state of the world through digital transformation, both for business and wider society.
Kajang Municipality intends to redevelop the stadium into an Innovative Research Park. The park is intended to take advantage of a number of universities and research centres in Kajang area to turn the municipality into centre for innovative, high value added industries. However the administration is in no position to fund the proposed project. You are required to propose a viable solution to ensure the success of the project. Explain the responsibility of all parties involved in the project, project component, the benefit of your proposal and the problem that might occur in the future.
This Deloitte publication describes three major success factors that can help automotive CIOs future-proof their IT organizations to cope with current macro technology and automotive megatrends as well as the specific challenges of COVID-19.
Next Wave of Fintech: Redefining Financial Services through TechnologyRobin Teigland
The Stockholm School of Economics and PA Consulting present The Next wave of Fintech, a sequel to the 2015 Stockholm Fintech Report, focusing on the new InsurTech and RegTech segments. The report, which describes and quantifies the Swedish market for these segments, contains valuable insights and recommendations for decision makers at banks, incubators, startup companies, public authorities and investors.
NAVIGATING ADMINISTRATIVE ISSUES IN FOREIGN MARKETS
1. ATTORNEY CHALLENGES IN NAVIGATING ADMINISTRATIVE
ISSUES AND TECHNOLOGY ADVANCEMENT IN THE PUBLIC
SECTOR OF FOREIGN MARKETS
By: Anthony Palazzo, Attorney at Law
The speed of technological advancement has resulted in significant social and economic advances in Foreign
Markets and their Public Sector counterparts. Many countries, including what many consider “emerging
market" countries have an enormous thirst for technological advancements made in the West. Electronic
commerce, commonly known as e- Commerce is trading in products or services using computer networks, such
as the Internet. e-Governance, which is the use of information and communication technologies to improve the
activities of Public Sector agencies is also a dynamic area since e-Governance brings with it the promise of
greater efficiency and effectiveness of public sector operations and thereby resulting in a decrease in
inefficiencies and an improvement of quality of life issues.
The G-20 (leaders of 19 countries plus the European Union) meet annually to discuss ways to strengthen the
global economy, reform international financial institutions, improve financial regulation and implement the key
economic reforms that are needed in each Member States economy. (See-G-20 Commonwealth of Australia
2013 with logo artwork created by an Indigenous artist Riki Slam ). The G-20 seems ripe for private company
innovation and the injection of Capital. However, there are at least two issues that come with Public Sector
participation in Foreign Public Markets. First, despite an apolitical position, politics can be a significant
constraint on progress, financial stability and therefore bottom line profit margins. Second, despite best efforts,
the Public Sector remains fundamentally different from the private sector as it's management often attempts to
force feed information systems specifically designed for the private sector into the non-uniformity of
the Foreign Public Markets . Unfortunately, good intentions aside, you can’t fit five gallons of gasoline in a three
gallon can.
Capital : All too often, Private Sector Corporate leaders engage in a cost analysis utilizing the same Industry
standard parameters of modern development. To avert certain disaster, the attorney must engage the
engineers and architects and finally the contractors who bid on the projects in a more comprehensive analysis.
As importantly, the analysis must not be performed inside the confines of a Wall Street Investment Bank
finance group. Many costs are intangible; and few are ever measured in the event of an e-government failure
as e-government failures are often covered up or purposely withheld from management. A study must be done
of past project cost assumptions as compared to actual costs for completion. And the cost milestones must be
shortened to better determine a turn in the wrong direction. In this manner, the attorney is affording the Private
company and the corresponding Government agency the ability to stop the activity until the correct path can be
ascertained. This simple adjustment in the project documentation can deter, avoid or immediately stop issues
of poor functionality as well as concurrent issues of bribery and corruption. Private sector business managers
and IT departments must be literate and involved when it comes to legal and regulatory questions. An
attorney’s role is not only to perform legal analysis but to assist business managers to understand the
consequences of legal analysis and act accordingly. Finally, the winds on political climates change quickly and
dramatically. In the 2010 G-20 summit, President Obama led the way in forging reforms of the
2. International Monetary Fund, only to see them rebuked at home by Congress. (See NY Times- Business
Section-Thursday, November 13, 2014). Costs overruns is probably the most significant of all challenges in
doing business abroad.
Technology Constraints: The attorney must ascertain if the technological advancements currently available
in the private sector are compatible even with modifications regardless of cost parameters. The mechanics
utilized by targeted Governments of Foreign Markets, even utilizing focused modifications may be unavoidably
incompatible. Often, projects begin with assumptions of compatibility with intentions of modification as they are
required in the work situation during test scripts, when what is needed is an actual "Go Live" test case in a
“real world” environment. Not that test scripts are not reliable in certain situations. The issue is that in the “real
world” environment of technology and the people responsible for the implementation of that technology, the test
case determines that seemingly similar departments in the private sector perform similar yet slightly modified
activities differently and refer to similarly designed documents with different names and as such require
different documentation to be done in different phases than their counter part in the Government department.
Without a manual test, where the sequence of steps that could be manual and/or automated depending on the
application being tested could differ when the designated test scripts are run as manual test steps. Despite the
best efforts of many, Governmental agency functionality remains fundamentally different from the private
sector. However, it is the private sector which must unclog the pipeline. And attorneys, the drafters of
agreements and documents of cooperation must identify and present the challenges as well as provide the
methodology or policies and procedures for mitigation of functionality challenges. Yet too many attorneys in the
private sector are unable to either comprehend the factual reality of coordination and cooperation of proprietary
private sector information systems designed for the private sector to pry and push unique modality into a very
different public sector reality. It is a classic case of square pegs and round holes.
Adaptations and Engagement: In the mid- 21st Century, Private Sector Corporate engineers were
rebuked for " reinventing the wheel" through their habit of custom-building each IT solution from scratch. In the
2000’s, the pendulum has swung too far the other way. Private Sector Corporate engineers in developing and
transitional countries too readily try to install readymade digital solutions that have been designed for private
sector firms and force feed their designs. As described above, this can represent an acute failure. To combat
such problems, attorneys and their company
project managers projects must be competent enough and confident enough to demand designs that will
perform within the parameters of the Governmental agencies specifications and not expect these Governmental
agencies to bend quickly and efficiently no matter how much they are incentivized. .The key remains with
cooperation of Governmental citizenry and modification and customization rather than on-site adaptation.
Here NGO’s can play an important role in bridging the gaps of technology and building trust through increased
participation in work-shops and other venues for advancement of cooperation between Private Sector and
Public Sector employees.
Policies and Procedures : Attorney designed policies and procedures in their preparation of agreements
and documents of cooperation can provide substantive solutions to Private Sector Industries when applied
across various Governments. This will also affect selection of third party vendors. One key criterion will be their
demonstrable willingness and ability to understand to comport their usual standards to that of the private
3. companies understanding of compatibility constraints and the mitigation of these constraints through
communication and cooperation with Governmental agencies and their employees.
Simplification: Administrative simplification is not embedded in the mandate of all government institutions; it
needs to be pushed forward in a coordinated and cooperative manner. The establishment of government
administrative simplification units alongside private sector engineers and management is a practical solution
and the attorney can be very influential in this process by setting forth and establishing the mandate for such
cooperation. In fact, all parties should be part of simplification process as it crosses all lines in the finalization of
work product.
These suggestions are part of a process that each attorney must inevitably determine themselves for their
company. They are necessary in enabling fair market environments and constructive application of project
agreements to a satisfactory solution for all.