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May 4, 2023
Attorney-Client Privilege Does Not Apply to Directors of Insolvent Companies
The Israeli Supreme Court has ruled that legal advice given to directors who are members of an audit committee or an independent committee is not protected by attorney-client privilege and that the company (and the trustee who is subrogating for the company) own the legal advice. Consequently, a trustee appointed after a company collapses may receive documents and correspondence exchanged between directors and the company’s attorneys.
May 3, 2023
Ministry of Economy and Industry v. Coca-Cola: Adv. Gal Rozent Interview
Last March, Coca-Cola alerted retailers of a 7% price increase for its sugary drink products. Yesterday, the Israeli Ministry of Economy and Industry informed Coca-Cola of its intention to examine the need for supervision of the company's products in Israel. The ministry suspects Coca-Cola’s significant product price increase may affect the beverage sector in Israel as a whole. As an expert in the competition field, Adv. Gal Rozent was interviewed by TheMarker on the subject.
May 2, 2023
The Business Judgment Rule – a Director’s Best Friend
Board members looking to protect themselves from lawsuits pertaining to the proper fulfillment of their duties must fully understand the three principles of the business judgment rule. Because what is true in Delaware is also true in Israel.
May 2, 2023
Distribution Waterfalls in Private Investment Funds
The growth of private equity funds in Israel derives mainly from the maturation of many Israeli companies. So what are the main differences between private equity funds (PE) and venture capital funds (VC)?
April 24, 2023
Tel Aviv Stock Exchange Publishes ESG Questionnaire
The publication of the questionnaire aligns with global trends and reflects the importance of this subject for investors. According to the TASE press release, only 70 companies currently publish full ESG reports.
April 24, 2023
Barnea: Representing Eshkolot in Lawsuit Against Netflix
Adv. Eyal Nachshon and Adv. Naama Ben Arosh Moshe are representing Eshkolot, the Company for the Performing Rights of Israeli Artists in a lawsuit it filed against Netflix, alleging the company made use of protected performances without obtaining the artists’ consent and without paying them royalties.
April 18, 2023
Greenhouse Gas Emissions: Scope 1, Scope 2 and Scope 3
The monitoring of greenhouse gas emissions is not only important for protecting environmental quality, but it also offers commercial benefits, such as monitoring energy and supply chain expenses and participating in carbon emissions trading markets.
April 18, 2023
Webinar: Implications of Digital Services Act
The recently enacted Digital Services Act is considered a major reform of services, content, and information in the digital sphere. It imposes new obligations on a wide variety of Israeli high-tech companies. Dr. Avishay Klein, head of our firm’s Privacy, Cyber and AI Department, lectured as part of a webinar hosted by GCs for GCs about the new law and its practical aspects, including when and how companies should prepare.
April 16, 2023
Israel’s Minimum Wage Is Rising
The update will take effect already in the salaries for April 2023 and will affect the sums of social contributions to provident funds and severance pay, vacation pay, overtime pay, and sick pay.
April 10, 2023
Insolvency and Late Offers: Adv. Idan Miller Op-Ed in TheMarker
Does the ability to make a later offer in insolvency proceeding help creditors to receive more and allow the trustee to conduct a more thorough procedure?
April 4, 2023
Lawsuits and Enforcement: Privacy Violations through AI
A few months after ChatGPT became a popular tool for millions of users, users began filing lawsuits alleging violations of users’ privacy and data security breaches. The conclusions from these lawsuits are relevant to all companies engaging in the development and assimilation of AI technologies.
April 2, 2023
Global Trends in Law Enforcement against Corruption Crimes
Corruption crimes and other economic offenses are being tackled more stringently in the global arena, but it appears the Israeli government’s wave of legislation could catapult it outside the global trend, and thus subject Israeli entities and individuals to international enforcement.
April 2, 2023
100% Lizzo – Talking about Phrases and Trademarks
The American singer Lizzo succeeded in registering a trademark in the United States on the phrase “100% That B*tch,” taken from her 2017 song. The trademark was granted subsequent to an appeal, and may create uncertainty as to the scope of the protection provided under copyright and trademark laws.
April 2, 2023
Dissolution of Real Estate Partnership: Adv. Terry Almozlino Op-Ed in Globes
A recent Supreme Court ruling found that during the dissolution of a real estate partnership, it is preferable to issue a decision already during the pre-trial hearing. As an expert in the field of commercial real estate, Adv. Terry Almozlino Arnon published an op-ed in Globes analyzing the ruling.
March 28, 2023
Class Actions on Accessibility of Public Companies' Reports Dismissed
At the conclusion of a proceeding conducted over about two years, an Israeli court recommended that the class plaintiffs withdraw their actions in light of the legal difficulties and since there is no reasonable possibility that the legal questions will be ruled in favor of the plaintiffs. The plaintiffs accepted the court's recommendation, and the court dismissed in limine 66 class actions.
March 28, 2023
Barnea: Representing Daily.dev in USD 11 Million Seed Funding Round
Adv. Itay Gura and Adv. Inbar Katzir represented the Israeli startup Daily.dev in a USD 11 million seed funding round. Daily.dev aims to build the world’s largest professional network for the global developer community.
March 28, 2023
Barnea: Supporting ReCombinate Program
We are happy to be a partner in the ReCombinant program, an AB InBev-TAU Ventures collaboration dedicated to fostering pilot activity and joint RD. The program is supported by the Israel Innovation Authority.
March 27, 2023
Corporate Governance in Israeli Cooperative Societies
The segregation of duties between corporate organs (in private and public entities) derives from the principle of separation of powers. Although the laws governing cooperative societies in Israel do not address the tension between the organs in a cooperative society, the principles created and developed in corporate law may be applied to cooperative society law by way of inference.
March 27, 2023
Adv. Hagit Ben Moshe Lectures at Conference on Electricity Distribution in Kibbutzim
Adv. Hagit Ben Moshe, a partner and head of our firm’s Kibbutz Sector Department, lectured at a conference on managing electricity distribution in kibbutzim and discussed various business models for electricity distribution.
March 23, 2023
New Framework Agreement for Public Sector Employees
The Ministry of Finance and the Histadrut (General Federation of Labor in Israel) reached some understandings regarding the framework agreement for the public sector for the years 2020 to 2027.