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Climate Law Memorandum: Goals and Means for Handling the Climate Crisis
June 15, 2021 / Sagi Gross, Izabel Pashayev
The Ministry of Environmental Protection recently published the Memorandum for the Climate Law 2021. The memorandum’s main purpose is to create an organizational framework for Israel's handling of the global climate crisis. It follows the developing trend among countries worldwide that have enacted similar climate legislation. According to the memorandum, handling the crisis shall occur on two primary levels. The first is prevention and minimization of greenhouse gas emissions in order for Israel to meet its international obligations under the Paris Agreement. The second is advancing national preparedness for the impacts and harms of the climate crisis.
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Categories: Environmental Law
Bank of Israel: Environmental Considerations and Risks Should Be Part of Banking Corporations’ Risk Management
June 13, 2021 / Anat Even-Chen
The Bank of Israel published its latest annual review at the end of May¹The review includes an announcement by Supervisor of Banks Yair Avidan that he is promoting the formulation of updated comprehensive regulations on environmental risk management, considering the considerable importance he attributes to the subject of the environment. Already at the end of 2020, the Supervisor of Banks sent a letter to banking corporations and credit card companies advising them of the initiation of a process of regulating and supervising banks’ environmental risk management². These clear statements may have significant implications on many business entities, adding practical substance to the growing discourse about corporations’ environmental impact and their adoption of an ESG policies.
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Categories: Banking & Finance | Environmental Law
Employers: Coronavirus Restrictions Have Expired
June 7, 2021 / Netta Bromberg
  On June 1, 2021, the regulations that guided the conduct of workplaces during the coronavirus crisis expired. Accordingly, from this day forward, there is no longer a requirement to operate in accordance with the green tag or purple tag directives in the workplace. At this stage, holding gatherings, professional trainings, and group meals at the workplace is permitted, even without observing social distancing.
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Categories: Employment | Regulation
Contractors' Lawsuits for Recognition of Employment Relationship: Changing the Rules of the Game
June 6, 2021 / Netta Bromberg, Jacki Silbermann
One of the possible contractual forms between parties is the provision of services as an independent contractor (in colloquial terms, a freelancer). This type of contracting is not particularly favored by labor courts, which seek, as a policy matter, to apply employment relations in cases involving claims of the existence of an employee-employer relationship. Once in a while, labor courts establish new rules on recognizing employment relationships and on retroactive calculation of the rights of independent contractors as employees.
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Categories: Employment | Labor Law Litigation
Rules and Conditions for SPAC Issuances in Israel
June 3, 2021 / Andrey Yanai, Ronit Lerer
Over the past year, raising capital through SPACs has become a hot trend on Wall Street. The Israel Securities Authority recently published the conditions and principles for SPACs to launch IPOs.
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Categories: Capital Markets | IPOs and Public Offerings
International Commercial Arbitration Bill
May 10, 2021 / Gal Livshits
The commercial business world is a global one, and so are the disputes that arise within it. Such disputes are adjudicated in courts in various countries or in arbitration proceedings, with each procedure regulated under relevant domestic legislation. (For example, the Israeli Arbitration Law regulates Israeli arbitration proceedings.)
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Categories: Arbitration and Mediation | Commercial Litigation
Prenuptial Agreements - New Israeli Supreme Court Ruling
May 6, 2021 / Liat Keisary Yahalomi
Up until now, the Israel Tax Authority interpreted the Real Estate Taxation Law so that spouses who signed a prenuptial agreement and maintained separate property were considered a single family unit for the purposes of real estate tax. 
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Categories: Private Clients | Real Estate Taxation
Israel Securities Authority Recommendations on Corporate Responsibility and ESG Risks
May 4, 2021 / Sagi Gross, Izabel Pashayev
In light of global capital market investors’ growing interest in the topic of responsible investments, the Israel Securities Authority recently published a proposed outline for corporate responsibility and ESG risk disclosures.
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Categories: Capital Markets | Environmental Law
Public Companies without a Controlling Shareholder: Amendment to the Companies Law
April 27, 2021 / Michael Barnea, Ron Shuhatovich
In recent weeks, the Israeli Ministry of Justice published a memorandum proposing an amendment to the Companies Law, focusing on the corporate governance regime in public companies without a controlling shareholder.
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Categories: Capital Markets
Can employers prevent unvaccinated employees from coming to work?
March 22, 2021 / Netta Bromberg, Jacki Silbermann
Yesterday, a labor court ruled for the first time that, under particular circumstances, employees who have not been vaccinated or do not present a negative coronavirus test may be denied entry to the workplace.
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Categories: Employment
Precedent-Setting Ruling Awards Actual Litigation Costs
March 9, 2021 / Gal Livshits
An Israeli court recently handed down a precedent-setting ruling in a case we litigated and won. This ruling marks a game changer in terms of the costs awarded in proceedings in Israel. In its ruling, the court granted our client an award of actual costs (i.e., the actual sums the client expended to litigate the proceeding).
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Categories: Litigation
Israel: Workplace Sexual Harassment – Disclosure of Materials in Internal Investigations
February 18, 2021 / Netta Bromberg, Jacki Silbermann
A new court ruling may require employers to disclose materials collected during investigations into incidents of sexual harassment.
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Categories: Employment
Employers: Everything You Need to Know about Vaccinations
February 18, 2021 / Netta Bromberg, Anat Even-Chen, Karin Kashi, Lee Alter Kizis
This past year has been nothing short of a rollercoaster ride for employers in Israel, in terms of both their business activities and their role as employers. Now, when we can perhaps see a glimmer of light at the end of the tunnel in the form of Israel’s vaccination campaign, quite a few questions arise.
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Categories: Employment | Privacy Law | Regulation
Submission of Joint Offers in Tenders
February 3, 2021 / Ilan Blumenfeld
When competing entities join forces to submit a tender offer, it reduces the overall number of entities competing for a tender. Reducing the number of competing entities may increase the market power of those participating entities against the tender holder and enable them to make less attractive offers.
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Categories: Competition Law and Antitrust | Regulation
Economic Court Restores Certainty to Profit Test for Dividend Distributions
January 26, 2021 / Ron Shuhatovich
The Tel Aviv District Court (Economic Department) has restored certainty to directors in relation to the profit test for dividend distributions. The court ruled that the profit test is a retroactive technical test, unless the directors are aware of a major event that could materially change the company’s accounting position.
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Categories: Capital Markets
Israel Securities Authority: Tokens May Be Classified as Securities
January 25, 2021 / Andrey Yanai, Dor Levi-Tam
The Israel Securities Authority recently established guidelines on when a cryptographic currency (token) is considered a security. The ISA determined that Kirobo tokens meet the definition of a security. This is primarily because the The Israel Securities believes investors would intend to purchase the tokens for financial purposes. In addition, these investors would anticipate their holdings to go up in value.
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Categories: Capital Markets | Capital Markets Regulation
A new Supreme Court ruling considers the municipal property taxes for common areas in malls and shopping centers
January 17, 2021 / Maya Zisser
The Tel Aviv Municipality sent the Ramat Aviv Mall a municipal property tax bill for its common areas. The mall’s management argued that shop tenants must pay municipal property tax payments for these areas, under their lease agreements with the mall.
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Categories: Real Estate
Israel Competition Authority Increases Enforcement against Exclusivity Arrangements
January 10, 2021 / Ilan Blumenfeld, Gal Ben David
On December 30, 2020, the Israel Competition Authority (ICA) notified SOS, a company in the field of fueling services, it was imposing a financial sanction of NIS 6.3 million on the company. In addition, it imposed a financial sanction of NIS 350,000 on an executive officer in the company. Following a complaint an SOS competitor filed with the ICA, the ICA concluded SOS had entered into exclusivity agreements with its clients. The company also implemented a policy whereby it would not provide fueling services to a client if the client simultaneously engaged with a competing fuel service provider.
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Categories: Competition Law and Antitrust
Prepare Your Workplace for Lockdown Number Three (and a Half)
January 8, 2021 / Netta Bromberg, Jacki Silbermann
Israel entered another general lockdown, which began at midnight (January 8, 2021) and will continue until January 21, 2021. We have summarized the main guidelines concerning workplace activity during lockdown. The final and binding version of the regulations regarding workplace activity during lockdown have yet to be published.
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Categories: Employment
Relief from Insurance Requirements for Portfolio Managers and Investment Advisors
January 3, 2021 / Ron Shuhatovich
The Israel Securities Authority (ISA) has announced that, temporarily, it will not initiate or recommend taking enforcement measures against corporations licensed in portfolio management, investment advising, and investment marketing that have not fulfilled professional liability insurance requirements.
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Categories: Capital Markets
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