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June 22, 2023

How to Conduct Board and Committee Meetings

Minutes of board meetings and board committee meetings have become a key tool for Israeli courts when examining directors’ conduct against the business judgment rule. Therefore, it is important to know how to record, document, and distribute minutes.

June 21, 2023

Barnea: Representing Bareket in ILS 20 Million Lawsuit

Adv. Shai Avnieli and Adv. Omer Ungar represent Bareket in a lawsuit filed against it by construction company Longshine. Longshine, which served as the main contractor on a project initiated by Bareket, was nine months late in delivering the project. As a result, Bareket deducted approximately ILS 10 million from the construction account.

June 20, 2023

Class Actions Law: Adv. Eyal Nachshon Lectures on Israeli Association of Publicly Traded Companies Webinar

Adv. Eyal Nachshon, a partner in our firm’s Litigation Department, was invited to lecture on a webinar hosted by the Israeli Association of Publicly Traded Companies. Eyal discussed a recent case involving 70 simultaneous digital accessibility class action lawsuits. Also lecturing as part of the webinar were representatives from the Ministry of Justice and the Israel Securities Authority, who served as members on the committee examining the recently published amendment to Israel’s Class Action Law.

June 20, 2023

Azrieli Group to Sell Stake in Compass Data Centers for ILS 3.2 Billion

Adv. Ariella Dreyfuss has been representing Azrieli in its ongoing investments in the data centers field. Following its 2019 acquisition of 20% of Compass for USD 135 million, Azrieli announced yesterday an agreement for the sale of Compass to Brookfield Infrastructure. Compass Data Centers is one of the largest developers of data centers in the world. 

June 19, 2023

Barnea: Eshkolot vs. Netflix

In a new Globes section covering significant rulings from the past week, the publication featured a judgment in a case in which our firm represented Eshkolot. The matter involved a lawsuit filed by an Israeli copyright company against Netflix. The company served the claim on Netflix's Israeli lawyer, with whom it had previously corresponded, but he argued that he was not authorized to represent Netflix. In the absence of an explicit power of attorney, the court held that service of the claim on Netflix was valid. Eshkolot was represented by Adv. Eyal Nachshon.

June 19, 2023

Barnea: Hosting Conference on Tenders in Collaboration with ACC Israel

We hosted a conference on tenders at our offices in collaboration with ACC Israel. The event featured discussions on tender negotiation strategies, the role of competition in tender procedures, and practical insights into submitting tenders in the United States. Guest speakers included Joy Sturm, a partner at the international law firm Hogan Lovells, who joined Adv. Shai Avnieli for a panel discussion. Another keynote speaker, Gal Somech, legal adviser to Haifa Port, discussed the port's privatization process.  

June 19, 2023

Default Arrangements in Israeli Investment Funds – Unwritten Provisions in Partnership Agreements

Many investors and fund managers are unaware that a simple reading of the relevant partnership agreement is not sufficient to get the “full picture” of the legal conditions that apply to their specific limited partnership.

June 18, 2023

ICA Takes Broad Enforcement Measures against Food Suppliers

As part of a series of measures to combat the cost of living, the Israel Competition Authority’s Director General is taking broad law enforcement measures for the first time against major food suppliers for violations of the Food Law. Inter alia, the Food Law prohibits food suppliers and retailers from engaging in various commercial arrangements that could prevent small suppliers or retailers from competing. 

June 16, 2023

Adv. Inbar Gorelick Lectures at Tel Aviv University

Adv. Inbar Gorelick was invited to Tel Aviv University to lecture as part of the “Female Entrepreneurs on Campus” project. Inbar discussed what to take into consideration when incorporating a company, the importance of founders' agreements, and intellectual property protection.

June 13, 2023

Unprecedented Sanction for Failing to Provide a Full Response to the Israel Competition Authority’s Demand for Data

This is not the first time the Israel Competition Authority has imposed sanctions on companies that fail to respond adequately to its demands for data. However, this is the highest sum ever imposed for such a violation and approaches the maximum the ICA’s Director General may impose in this regard.

June 12, 2023

Adv. Roy Engel Lectures on Hedge Funds, VCs, and PEs

As an expert in the funds field, Adv. Roy Engel was invited to lecture in a course led by the Israel Financial Institute (IFI) for 50 Altshuler Shaham managers. Roy discussed different types of alternative investments, as well as the legal, administrative, and supervisory aspects of the fund structures.

June 8, 2023

Simulated Contracts and Concealed Agreements

The Israeli Supreme Court’s ruling contains strict determinations regarding simulated contracts whose sole purpose is to defraud the tax authorities and the banking system. Inter alia, the Supreme Court addressed an ongoing judicial debate about the classification of simulated contracts.

June 5, 2023

When May an Employer Monitor Employees Working Remotely?

Employers that want to use technological surveillance measures to monitor and track employee performance remotely must be diligent about formulating a clear policy, informing employees, and using these means reasonably and proportionately.

June 5, 2023

Algorithm-Based Pricing – the Next Challenge in Competition Law?

The uptrend in the use of algorithm-based pricing tools is increasing competition concerns, especially wherever market concentration is high. Are competition laws equipped to deal with this situation?

June 5, 2023

The Guide to Avoiding Lawsuits Stemming from Sponsored Advertising

To avoid lawsuits, companies that decide to publish sponsored marketing content and collaborate with influencers should be aware of the limitations that apply to them, including Consumer Protection Law provisions. We provide practical tips in an article for Calcalist.

June 5, 2023

Adv. Sagi Gross Lectures at Bar-Ilan University

Adv. Sagi Gross, a firm partner, was a guest lecturer in an environmental law course at Bar-Ilan University. He spoke about the environmental aspects of merger and acquisition transactions.

June 5, 2023

Startups: Judging Student Competition in Department of Information Systems at University of Haifa

As experts in the high-tech field, Adv. Itay Gura and Adv. Inbar Katzir were invited to act as judges in a startup project competition held by students at the University of Haifa’s Department of Information Systems.

June 4, 2023

Foreign Direct Investments in Israel

It is surprising to realize Israel does not have a general regulatory binding framework for the approval of such transactions as they pertain to national security, like CFIUS in the United States, the recent UK National Security and Investment Act 2021, or similar bodies in developed countries. As a result, there are no broad cross-sector consolidated controls on foreign investments.

May 30, 2023

Doing Business in Israel: Insolvency Law

Foreign companies looking to engage with Israeli companies also need to consider that Israeli insolvency law mandates jurisdiction in Israel and creditor equality, regardless of country of incorporation.

May 29, 2023

SEC vs. Philips: Expansion of Foreign Corrupt Practices Act

The SEC is expanding the application of US Foreign Corrupt Practices Act provisions. It is commencing law enforcement proceedings against non-American companies operating outside the United States and against actions that merely raise concerns of acts of corruption. Companies with international operations must familiarize themselves with the FCPA’s provisions and prepare accordingly.

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