Two months ago, a little-known rulemaking proceeding was underway at the U.S. Copyright Office which, depending upon the outcome, was poised to have favorable implications for the use of electronic medical device equipment manuals by servicers. Today, the Librarian of Congress issued a ruling to accept for the next three years the recommendation of the [...]
A little-known rulemaking proceeding is underway at the U.S. Copyright Office which, depending upon the outcome, may have profoundly favorable implications for the use by servicers of electronic medical device equipment manuals. Every three years under the Digital Millennium Copyright Act (“DMCA”), the Librarian of Congress, upon receipt of the recommendation of the Register of [...]
IAMERS Counsel Robert Kerwin to appear on May 2, 2017 before the U.S. House of Representatives Committee on Energy and Commerce on the Legislation. On Tuesday, April 25, 2017, Congressman Ryan Costello (R-PA) and Congressman Scott Peters (D-CA) with the support of the Medical Imaging Technology Alliance, filed H.R. 2118 seeking to require registration of [...]
Many of the shipping terms in a contract for the sale of goods, have special significance under applicable law. The shipping terms assign the parties certain rights and obligations with regard to who will bear the cost of shipping and who must bear the risk of loss. However, important shipping terms mean different things in [...]
The U.S. Senate passed a non-binding amendment to the FY 2014 Budget Resolution that called for the repeal of the medical device tax, if a suitable offset can be identified. This is the first vote on the repeal of the medical device tax taken by the Senate, and its passage signals an important development in overall [...]
Preliminary Note: In 2010 the Medical Device Excise Tax law was enacted. The IRS issued two weeks ago a forty page preamble and eighteen pages of regulations with respect to its scope and implementation. 26 C.F.R. Part 48. The IRS also issued a ten page guidance document. This compilation is based on the IRS preamble, regulations and guidance document issued [...]
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 [...]
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 [...]
