The “Peripheral Plaintiff”: Duty Determinations in Take-Home Asbestos Cases

Since the 1970s, litigation concerning the dangers of asbestos in the workplace has transformed from a few workers’ compensation claims to hundreds of thousands of lawsuits against companies in nearly every industry. While the typical plaintiff in these claims is an employee injured while handling asbestos at the worksite, a new class of “peripheral plaintiffs” has recently emerged. These plaintiffs consist of family members who are exposed to asbestos after inhaling the dust that saturates an employee’s person and clothing. The family members then bring claims against the employers and the owners of the premises claiming that they were negligent in allowing the workers to carry asbestos home when the danger of asbestos was well known. The highest courts of six states stand divided on whether an employer or premises owner owes a duty to these third-party plaintiffs to protect them from asbestos-related harm. Two states have relied heavily on the foreseeability of the harm to hold that landowners and employers do owe a duty to third-party plaintiffs. On the other hand, four states have focused on a range of factors, like the lack of a relationship between the parties and the need to constrain asbestos litigation, to hold that landowners and employers do not owe a duty to third-party plaintiffs. This Note examines the interstate conflict and concludes that all six courts have engaged in an unclear and unnecessarily fact-specific analysis of duty. It argues that the Third Restatement’s method of determining duty represents a clearer approach, because it sends factual questions to the jury and encourages courts to take “no duty” decisions more seriously

Beyond BRIC: offshoring in non-BRIC countries: Egypt – a new growth market: an LSE Outsourcing Unit report January 2009

This report was commissioned as an independently researched report by Hill & Knowlton, acting for the Information Technology Industry Development Agency (ITIDA) of Egypt. The global offshore outsourcing market for IT and business services exceeded $55 billion USD in 2008, and some estimates suggest an annual growth rate of 20% over the next five years. It is common to talk of Brazil, Russia, India and China as the BRIC inheritors of globalisation, offering both offshore IT and back-office services, and also, with their vast populations and developing economies, huge potential markets. This report, however, which was commissioned by the Information Technology Industry Development Agency (ITIDA) of Egypt, set out to investigate to what extent, within this context, non-BRIC countries could also be seen to be potential inheritors of globalisation. A representative sample of 14 countries drawn from Central and Eastern Europe, the African Mediterranean, the Americas and Asia Pacific, where the main active non-BRIC economies can be found, provided the focus for the systematic comparison of their relative competitiveness from which a benchmarking index could be developed. Setting out the long-term context and trends through which these countries are emerging as IT and business service 'hot spots', and identifying the global sourcing trends and pressures that are likely to develop in the next five years and their implications for these non-BRIC countries, the report turns in its final chapters to consider Egypt in more detail to assess its current positioning, the future path that it can take, and the challenges it faces as well as actions needed for it to get there

Developing Internet-based integrated architecture for managing globally distributed software development projects

Given the increasing importance of globally distributed software development (GDSD) over the last decade, it is surprising that empirical research in this area is still in the very early stage. The few existing suggest that traditional coordination and control mechanisms can be effective for these projects only with support from appropriate information technology. However, at present, little is known about the success of current Information and Communication Technology (ICT) support in the context of GDSD projects. Therefore, the main question this research addresses is what ICT-based support is appropriate for globally distributed software development projects? The objectives of this research are to elicit and develop the functional requirements for ICT support for GDSD projects, to analyze the gap between existing tools and these requirements, and to develop an Internet-based integrated architecture of tools that would fill these gaps

An Information Processing View on Joint Vendor Performance in Multi-Sourcing: The Role of the Guardian

This paper examines joint vendor performance in multi-sourcing arrangements. Using an Information Processing View, we argue that managing interdependencies between multiple vendors imposes substantial information processing (IP) requirements on clients. To achieve high joint performance, clients therefore need to possess sufficient IP capacity. We examine how three sources of IP capacity, two internal (i.e., the client's inter-vendor governance and the client's architectural knowledge) and one external (i.e., the guardian vendor), work together in realizing joint performance. Our results show that formal governance and architectural knowledge contribute to joint performance. The guardian vendor contributes to joint performance in settings where the client deploys strong governance but lacks architectural knowledge. This suggests that, contrary to common views in the literature, guardian vendors should not be understood as mediators (or single points of contact) who relieve clients from governance efforts. Instead, guardian vendors are more fruitfully understood as architects, who complement the client's governance efforts by compensating for knowledge gaps. Put simply, client firms should consider using a guardian vendor to compensate for weak architectural knowledge while still maintaining strong formal and informal governance of all vendors

How Formal Governance Affects Multisourcing Success: A Multi-level Perspective

Multisourcing has become a common sourcing model in recent outsourcing practice. Yet, the extant and relevant IS literature has so far offered limited insight into how to stipulate both individual (i.e., individual vendor) and joint (the entire vendor network) performance while ensuring governance efficiency. Our study set about addressing this gap by examining how these three dimensions of multisourcing success can be achieved through formal governance. Specifically, we considered bilateral formal control, collective formal control and conflict arbitration (among vendors) as key formal governance elements. Results from a pan-European survey of client firms pursuing multisourcing projects show that bilateral formal control sets the stage to achieve both individual and joint performance, while conflict arbitration strengthens individual performance, and collective formal control strengthens joint performance. Governance efficiency is improved when both collective formal control and conflict arbitration are high. We also found that conflict arbitration strengthens the positive effect of collective formal control on both individual and joint performance. Our findings highlight the importance of governing inter-vendor relationships in multisourcing arrangements as opposed to relying solely on bilateral governance. Our study extends the limited literature on IS multisourcing, and assists managers in considering the strategies they wish to pursue when choosing appropriate governance mechanisms

Re-representation as work design in outsourcing : a semiotic view

Outsourcing work relies on the supplier’s interpretation of the work delegated by the client. Existing streams of outsourcing literature tend to assume that the supplier should use the same convention as the client to make sense of the work package. In this research, we use a semiotic lens to challenge this assumption by viewing such sensemaking as a process of decoding symbolic representations. This complementary view involves innovative use of digital technology for re-representing the outsourced work through new conventions. We studied a Chinese business process outsourcing supplier in-depth to learn how such re-representation is achieved through the creation of special-purpose languages. Our research contributes to the Information Systems outsourcing literature by providing a semiotic view on the design of outsourcing work supported by digital technologies. Three re-representation practices (i.e., dissociating the signifiers, signifying through new conventions, and embedding new conventions in the digital infrastructure) constitute the core of this view. The results are highly significant for outsourcing theory and practice, not least since they suggest that the use of semiotics and visuals for re-representation may enable suppliers to reformulate outsourcing work and the expertise needed to deliver services

Coordinating Expertise Across Knowledge Boundaries in Offshore-Outsourcing Projects: The Role of Codification

The coordination of effort within and among different expert groups is a central feature of contemporary organizations. Within the existing literature, however, a dichotomy has emerged in our understanding of the role played by codification in coordinating expert groups. One strand of literature emphasizes codification as a process that supports coordination by enabling the storage and ready transfer of knowledge. In contrast, another strand highlights the persistent differences between expert groups that create boundaries to the transfer of knowledge, seeing coordination as dependent on the quality of the reciprocal interactions between groups and individuals. Our research helps to resolve such contested understandings of the coordinative role played by codification. By focusing on the offshore-outsourcing of knowledge-intensive services, we examine the role played by codification when expertise was coordinated between client staff and onsite and offshore vendor personnel in a large-scale outsourcing contract between TATA Consultancy Services (TCS) and ABN AMRO bank. A number of theoretical contributions flow from our analysis of the case study, helping to move our understanding beyond the dichotomized views of codification outlined above. First, our study adds to previous work where codification has been seen as a static concept by demonstrating the multiple, coexisting, and complementary roles that codification may play. We examine the dynamic nature of codification and show changes in the relative importance of these different roles in coordinating distributed expertise over time. Second, we reconceptualize the commonly accepted view of codification as focusing on the replication and diffusion of knowledge by developing the notion of the codification of the "knower" as complementary to the codification of knowledge. Unlike previous studies of expertise directories, codification of the knower does not involve representing expertise in terms of occupational skills or competences but enables the reciprocal interrelating of expertise required by more unstructured tasks

Re-Engineering at LeCroy Corporation: The Move to Component-Based Systems

This case study discusses two related aspects that are becoming increasingly important in today\u27s software development practice: re-engineering of a monolithic system into a component-based system (the focus of this case) and globally distributed work. Component-based (software) development (CBD) involves (i) the development of software components and (ii) the building of software systems through the integration of preexisting software components (developed in-house or procured from the component market). For companies involved in software development, CBD offers agility in design by basing software development on methodologies that support the recombination of reusable components, being an approach that rapidly expands product variation and sustains the build-up of product families. It also promises significant improvements in software development through shorter time-to-market and reduced development costs. However, being an innovative approach to software development that emerged in the mid-1990s, the adoption of CBD requires companies to re-engineer existing software systems (products) or to develop new systems from scratch using component technologies and to deal with additional challenges associated with the management of CBD. LeCroy Corporation was one of the early adopters of CBD that decided to adopt CBD to gain competitive advantage in its markets. The case describes an actual situation at LeCroy Corporation, involving several decisions, challenges and opportunities faced by the managers of a globally distributed software development team over a period of time when they re-engineered a monolithic system into a component-based system

Country Attractiveness for Offshoring and Offshore Outsourcing: Additional Considerations

In this article, we review aspects relating to the attractiveness of India for information technology offshore - outsourcing. Our starting point is that, indeed, India will remain competitive in the short-medium term. However, more importantly, we move on to argue that country attractiveness is becoming a less important issue. We consider an alternative approach to analyze country attractive in which the client\u27s strategic intent behind going offshore and the vendor\u27s global dispersedness and its local knowledge define the attractiveness of the firm\u27s offshoring strategy