The story of Cuba and the United States is headed for yet another historic chapter in its history. When President Barack Obama gave his final State of the Union Address on January 12, 2016, he announced his plans to lift the 50-year embargo on Cuba. President Obama has worked to improve relations with Cuba since December 2014. On January 27, 2016, new regulations that expanded the list of exports to Cuba were issued by the Office of Foreign Assets Controls (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS). In addition, there were also amendments to how U.S. entities can finance its exports to Cuba, air carrier services, and travel to the island. These are part of the Cuban Assets Control Regulations (CACR) and Export Administration Regulations (EAR).
If you are contemplating starting a non-profit organization, there are certain skills needed by the principal management for running a non-profit organization. These skills are unique to non-profit organizations and are needed to operate as efficiently as possible. The following seven skills are extremely important.
International Commercial Arbitration is the process used by parties conducting international business to resolve contractual disputes. Some of the frequent reasons that parties often favor arbitration is the general mistrust and uncertainty in laws, lack of fairness in the legal process, lack of independence of judicial systems of other nations, procedural delays, and elevated costs of pursuing legal actions in foreign countries. Accordingly, parties have often favored arbitration to resolve international commercial disputes.
Since 2012, the United States and other countries have maintained an embargo on Iran that has prevented it from having any normalized trade relations with several countries. The purpose of these sanctions was to curb Iran’s nuclear Program. With the agreement of Iran to work toward this purpose, the United Sates along with several other countries agreed to lift some of its Iranian sanctions in January of 2016. The removal of sanctions now makes it possible for companies in the U.S., Europe, Asia and other areas throughout the world to begin conducting business in Iran.
International Commercial Arbitration is the process used by parties conducting international business to resolve contractual disputes. Distrust and uncertainty in laws, fairness of the legal process, independence of judicial systems of other nations, procedural delays, and elevated costs of pursuing legal actions in foreign countries are frequent concerns among those involved in international business. Accordingly, such concerns have encouraged the use of arbitration to resolve international commercial disputes. Read more
In the United States today, the majority of Americans use credit and debit cards and students are no different. Often times students receive their first card when they enter a college or university. These cards are school sponsored credit cards. The schools are required by law to comply with the consumer protection laws when offering school sponsored credit cards. In December of 2015, the Federal Consumer Financial Protection Bureau (CFPB) sent warning letters notifying 17 higher education institutions that they have to improve disclosure of credit card agreements as required by law.
All colleges and universities are required to comply with the Credit Card Accountability Responsibility and Disclosure Act (CARD). Rule 15 U.S.C. § 1650(f)(1), known as the CARD Act, necessitates that all institutions of higher education must disclose publicly any contract or agreement made with a credit card issuer or a creditor whose intent is to market a credit card. 12 CFR § 1026.57(b); Comment 1026.57(b)-1 sets forth the guidelines for compliance:
For those new to our series, let us tell you a bit more! Our View from the Top series is when we take a scheduled departure from our regular blog content. We sit-down and talk with individuals who are having a local, national, or global impact in our community. We ask these individuals to share a bit about the challenges they faced on the road to success and advice they would give others. This a chance for Gonzalo Law to reach out to “game changers” and allow them to share their insights with our business and institutional clients. Our goal is to help clients maximize their success by implementing key insights.
Technological advancements have given rise to new issues regarding privacy in health care. It is very important that organizations understand and comply with these frequenty changing health care rules. Failure to comply can lead to hefty fines for your organization. The three important rules that your organization should be aware of are the Security Rule, The Privacy Rule, and the Breach Notification Rule.
The accidents caused by firearms continue to rise in the United States. This week, the federal government has decided to take action to reduce the number of firearms obtained by ineligible individuals. The people who fall into this category of “ineligible” include convicted felons, perpetrators of domestic violence, as well as individuals who suffer from mental health challenges that risk harm to themselves or others. The question then becomes how institutions will properly comply with federal healthcare privacy laws under HIPPA and also meet the objective of these executive orders.
In the world of business today, protecting confidential information and trade secrets is an important part of conducting business. Business owners should be sure to have a detailed and carefully drafted agreement in place for all employees and vendors with whom their company conducts business. An agreement that will withstand legal scrutiny in litigation or arbitration is especially important. These agreements should list the specific items or types of items considered confidential or to be trade secrets. This is vital because the court must be able to easily determine when there has been a breach of the stated contract terms. Frequently, companies use very broad terms such as “all information pertaining to the company.” However, many things pertaining to the company would not be considered confidential information or a trade secret. This type of terminology would be overly broad. Using broad language opens the door to legal interpretation. When this occurs, it requires the court to define for a company what item truly is a trade secret or is confidential information. A company, rather than the court however, is in a much better position to define this. As such, having this definition already included in the agreement is most prudent.