Law.com
  • News
    • Newswire
    • Supreme Court
    • International
    • Legal Blog Watch
    • The Hot Seat
    • Video
  • Publications
    • The American Lawyer
    • Corporate Counsel
    • Law Technology News
    • The National Law Journal
    • New York Law Journal
    • New Jersey Law Journal
    • Connecticut Law Tribune
    • The Legal Intelligencer (PA)
    • Daily Business Review (FL)
    • Delaware Law Weekly
    • Daily Report (GA)
    • The Recorder (CA)
    • Texas Lawyer
    • Publication E-Alerts
    • More Publication Sites
  • Legal Research & Directories
    • Books Online
    • Smart Litigator (NY)
    • ALM Experts
    • Verdict Search
    • Court Reporters
    • Legal Dictionary
    • LegalTech® Directory
    • Newsletters
    • More Directories
  • Surveys, Lists & Rankings
    • Amlaw 100
    • NLJ 250
    • Global 100
    • The A-List
    • ALM Legal Intelligence
    • Surveys
    • More Lists & Rankings
  • lawjobs.com
  • Special Reports
  • LawCatalog Store
  • CLE & Events
    • CLE Center
    • ALM Events
    • LegalTech
    • Virtual LegalTech
    • Insight Legal Events
    • Webinars
Home
 
International News
 
Article
Twitter LinkedIn RSS
Sign Up for Newsletters

Font Size: increase font decrease font

Commentary: Is India Still an Outsourcing Haven?

By Cynthia O'Donoghue All Articles 

Legal Week

February 9, 2009

  •    
  •    
  •    
  •      
 

Image: Jeffrey Coolidge/Photodisc

Related Items

  • Patent Services Outsourcing to India Hits $46 Million
  • ABA Gives Thumbs Up to Legal Outsourcing

India's outsourcing sector comprises both business process and IT outsourcing, and it has been growing at an annual rate of about 37 percent over the last few years. Growth has jumped from approximately $3.1 billion in 2004 to nearly $11 billion in 2008. Yet, despite such a strong market to protect, a senior Indian special forces source described the response to the Mumbai terrorist attack as having "far too many command centers, with each one trying to best guess the other, [leading] to confusion and delayed operations", adding: "there appears to have been a lack of detailed, precise planning".

With India having captured nearly 37 percent of the global outsourcing market and with that market being supported by nearly 700,000 employees, India obviously has a vested interest in ensuring that its outsourcing market is not damaged by such terrorist attacks. India's outsourcing market has relied heavily on support from English-speaking countries, with the U.K. and North America together accounting for about 87 percent of India's outsourcing market revenues. North America, primarily the U.S., accounts for roughly two-thirds of the market alone. In addition, the value of the outsourcing deals to India increasingly exceeds $50 million per contract and the majority of those deals include IT infrastructure components and business-critical applications.

While one can never protect against every eventuality, India will need to correct its "lack of detailed, precise planning" in order to ensure that its outsourcing market is not damaged in either the short or long terms. That lesson is something that companies can also heed by including measures to protect their data and business-critical applications in their outsourcing contracts. Those measures include ensuring that a company's outsourcing agreement has robust and detailed security, disaster recovery and business continuity requirements. For instance, it is best practice to have backup storage and business continuity sites in separate cities from where the actual operations are located. Companies that outsource need to ensure they assess the impact on their business if they were to have an outsource operator hit by a terrorist attack or other disaster. The business continuity plan must include crisis management protocols, proper command structures and contain detailed planning to ensure the viability and practicality of the plan. Companies outsourcing their business critical operations must be able to participate in the testing of such procedures and have a full understanding of how much data loss would occur, and the length of time involved, before their outsource service provider is up and running again at a full-service level.

There are other protections that can be included in any outsource agreement, such as step-in rights that allow a company to take over and perform the services themselves or arrange for a different third party to deliver the services for an interim period. In an extreme instance where an outsource service provider could not perform the services at all, the company should have the ability to terminate the contract. The best measures of protecting a company's data and business critical applications are, however, always preventative. Provided a company has suitable safeguards in place to cope with a future disaster on a similar scale to the recent Mumbai attacks, there seems to be no legitimate reason for companies to rethink their outsourcing arrangements.

While it is likely that businesses will approach the Indian outsourcing market more cautiously in the short term because of the terrorist attack, Mumbai, like all other cities that have been the victim of terrorist attacks, such as New York, Madrid and London, will recover quickly. The Foreign Office reports as many as seven terrorist-related attacks across India since May 2008 alone, most of which failed to hit the headlines in Britain, let alone drive down the outsourcing industry's success. As tragic as the Mumbai terrorist attack was, it did not target operational business centers. Instead it was aimed at terrorizing the population and the citizens of those countries most associated with the war on terror: Britain and the U.S.. As with other attacks, the aim is to create fear, and succumbing to that fear must be resisted.

When contemplating an outsource to India, companies must bear in mind that there are many outsourcing providers spread across different areas, such as Chennai, Bangalore and Pune, to name a few. A large terrorist attack on one city should not be a reflection on the country as a whole or indeed as a sign of things to come. While the location of an outsource provider may be of some importance, the focus of any outsource must be on the benefit derived from the services being provided while at the same time ensuring that certain key protections are built into the contract. It is possible to mitigate damage from a terrorist attack and that starts with ensuring industry best practice security at any outsourcing provider's facilities and agreeing a detailed and robust disaster recovery and business continuity plan. India's outsourcing industry is well established and, when it makes good commercial sense for a company, outsourcing to India is still a good solution.

Cynthia O'Donoghue is a partner at Reed Smith.

For more news, commentary and analysis on the international legal market, visit LegalWeek.com.

You must be signed in to comment on an article

  • LEGAL UPDATES
  • INTERNATIONAL NEWS E-ALERT
Find similar content

Firms mentioned

    
  • Reed Smith

Companies, agencies mentioned

    
  • Foreign Office

Key categories

    
  • Law Firm Partners
  • Military Law

Most viewed stories

    
  1. Court Officials Seek to Reform Process of Naming Acting Justices
    •      
  2. The 2013 Am Law 100
    •      
  3. Prolific ADA Plaintiff Faces Nemesis in Harassment Suit
    •      
  4. Lawyers Sanctioned Over Porn Lawsuits File Appeal
    •      
  5. Law for Laymen
    •      
lawjobs.com

TOP JOBS

MORE JOBS

POST A JOB

From the Law.com Network

Hiring Interns? Be Sure to Do It Right

ACC Weighs in on Arizona's In-House Pro Bono Rules

Ex-Dewey Partners Face New Foe in Firm's Bankruptcy

S&C Adds Linklaters Restructuring Partner in London
  •      
    • Subscription Required

Contrite Companies Can Win Forgiveness in Bribery Cases
  •      
    • Subscription Required

Plaintiffs Want to See Toyota's 'Crown Jewels'
  •      
    • Subscription Required

Enron Sandbox Stirs Up Private Data, Again

LegalTech West Coast Wraps Up With Ethics, VC News

In Tricky Prosecutions, Judges Play Peacemakers

Ropers Majeski Tries to Re-Invent Itself
  •      
    • Subscription Required

Fla. Attorneys Lead Force-Placed Insurance Fight

Lawsuit Names Missing Fla. Attorney for Alleged Fraud
  •      
    • Subscription Required

Summer Programs Still in a Drought

Lawyer Not Covered for Alleged Malpractice at Prior Firm
  •      
    • Subscription Required

The Affordable State-Specific Practice Solution
Available in NY, NJ, PA and CT editions - research, draft and prepare even the most complex cases with ease.

Firm Takes Another Hit in Bid for 'Unconscionable' Fees

New York's Martin Act Faces Test in Challenge to 2005 Case

Castille Testifies in Favor of 'Civil Gideon' Funding

Workers' Comp Judges Can't Fight Rescinded Raise
  •      
    • Subscription Required

Law Schools Are Looking Beyond LSATs, Says Mich. Dean

Is Freezing Your Eggs the Solution?

Advising Clients on Weather and the Workplace
  •      
    • Subscription Required

Texas Sues BP, Others Over Deepwater Oil Spill Disaster
  •      
    • Subscription Required

'Follow That Escapee!'

Judge Who Tossed Defense Counsel Accused of 'Partiality'
  •      
    • Subscription Required

Corporate Bribery Case Part Of National Trend
  •      
    • Subscription Required

Court Continues To Grant Lawyers Fraud Immunity
  •      
    • Subscription Required

  • About |
  • ALM Properties |
  • ALM Reprints |
  • Customer Support |
  • Privacy Policy |
  • Terms & Conditions |
  • ALM User License Agreement
ALM Media