Overview on Incoterms/CISG and Why They Are Important to International Business

by: Robert Kerwin

Fifty nine countries worldwide, including France, China and the United States,[1] are signatories to the U.N. Convention on Contract for the International Sale of Goods (“CISG”). The purpose of the CISG is to bring uniformity to international business transactions principally with respect to commonly used trade terms. If you live and work in a member country then it is important to note that the CISG may control in matters of international trade, absent an express contractual opt-out clause. Unless a contracting party chooses by express provision to opt-out of the application of the CISG, then the CISG will likely govern. See CISG Article § 1(1)(a), reprinted in 15 U.S.C.A. The CISG had been held to incorporate implicitly common international business terms, such as the Incoterms. Continue Reading…

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The Accountable Care Organization. The Changing Face of Health Care Delivery in the U.S.

by: Wayne Webster

The Accountable Care Organization (ACO) is a part of the enacted legislation of March, 2010 known as the Patient Protection and Affordable Care Act (Obama Care). The intent of the ACO is to streamline the delivery of care and reduce costs through the application of quality systems and measurements including the adoption of electronic health records (EHR). Unlike its managed care predecessors, the HMO (Health Maintenance Organization) and PPO (Preferred Provider Organization) the ACO is not an organization for patients to join; rather, it is for providers, hospitals, clinics, and doctors to join. Continue Reading…

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Caveat Emptor: Know Your International Business Partner

by: Robert Kerwin

With the worldwide rise in ferreting out bribery and global corruption, it is never more important to really know your business partner. The risk of ‘not’ knowing with whom you are dealing in business may include being exposed to situations potentially violative of the U.S. Foreign Corrupt Practices Act (“FCPA”). This admonition begs the question: how does one learn about your international business partner? The Bureau of Industry and Security of the U.S. Department of Commerce has a “Denied Party List” which provides a list of individuals who have been denied export privileges. See, www.bis.doc.gov/complianceandenforcement/listtocheck.htm.  Continue Reading…

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Have We Downloaded the Latest Drivers?

by: Wayne Webster

About 4-years ago the diagnostic imaging markets were experiencing explosive growth. As we all now know, the market was heading for the same crash as the housing market a year earlier. The growth was fueled by many things. Primarily the advancement of diagnosis, treatment and wealth were the main drivers with increasing wealth being the largest by far. Continue Reading…

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