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March 2, 2015

Employment Contracts: Lecture at Human Resources Managers Forum

Adv. Marie Tsion participated in the Human Resources Managers Forum at the Emek Yezreel Academic College. Marie lectured about the importance of employment contracts and how they may influence the HR manager position in an organization.

March 1, 2015

Amendment no. 14 to the Non-Profit Organizations Law

Amendment no. 14 to the Non-Profit Organizations (Amutot) Law, came into effect in February, 2015.The purpose of the Amendment is to hone the rules of corporate governance that apply to amutot and includes provisions designed to strengthen the nature of the audit in amutot, increasing transparency and strengthening the oversight and investigation authorities of the Registrar of Amutot. The Amendment sets out provisions for the following issues: mandatory appointment of an internal auditor for an Amutah; expansion of the authorities of the Audit Committee (or the Audit Body of an amutah, as the case may be); granting oversight authorities and certification of supervisors by the Registrar of Amutot; expansion of the oversight authorities of the Registrar of Amutot through the use of external inspectors; expansion of the oversight authorities of the Registrar of Amutot regarding independent investigation of an amutah (and without the appointment of an external investigator); and various general provisions in a number of areas related to the relationship between the Registrar of Amutot and the amutot, and between the amutot themselves. One of the main changes in the Amendment relates to a new entity in an amutah - the internal auditor. An amutah with a turnover exceeding NIS 10 million (or exceeding a higher amount to be determined by the Minister of Justice) - must appoint an internal auditor (“Internal Auditor”) in addition to the existing internal auditing bodies that are stipulated in the Amutot Law (Audit Committee, or the Audit Body as the case may be, and the Auditing Accountant). The Internal Auditor will report to the Audit Committee on all matters related to professional issues, and to the Executive Board of the amutah on hierarchical-organizational matters. The appointment of the Internal Auditor will be done by the Executive Board of the amutah with the approval of the Audit Committee, and in the event of a disagreement, the General Assembly will decide. Responsibilities of the Internal Auditor include, inter alia: (a) submitting a proposal for the annual or periodic work plan for the approval of the Executive Board, after the Audit Committee has examined it, and the Executive Board will approve it, with the changes it sees fit; (b) conducting an internal audit, in addition to the aforementioned work plan, on matters that may arise for urgent examination as imposed upon him by the Executive Board or the Audit Committee; (c) submitting a report on the findings as part of the annual and/or periodic work plan - to the Executive Board, CEO and the Audit Committee of the amutah.​Amendment No. 14 also includes provisions which expand the authorities of the Audit Committee (or the Audit Body of an amutah, as applicable). Such expansion includes identifying and fixing problems in the amutah’s business administration, inter alia, by consulting with the amutah’s Internal Auditor or with its accountant, and to make proposals to the Executive Board regarding ways of correcting such problems.Additionally, added to the authorities of the Audit Committee, is the authority to examine the internal auditing system, including the Internal Auditor’s work plan, the amutah’s accountant remuneration and also to make arrangements regarding the manner of handling complaints brought by amutah employees regarding flaws in the conduct of its business and regarding the protection that will be provided to employees who complain, as aforementioned. 

February 17, 2015

High-Tech Attraction: Israel Special Report

Despite the conflict in Gaza, 2014 was an extremely busy year for MA transactions in the Israeli high-tech market. Several partners at leading law firms, including Adv. Simon Jaffa, were interviewed by The Lawyer to review last year’s results and discuss the technology market.

February 4, 2015

Dispute Between Israeli Company and Royal Jordanian Erupts over Package Tours for Israeli Arabs to Saudi Arabia

Milad Aviation Ltd., an Israeli company, alleges that Royal Jordanian Airlines negotiated in bad faith for years, delaying the execution of a written agreement before ultimately taking over the venture. Represented by Adv. Zohar Lande, Milad Aviation is threatening an ILS 20 lawsuit against Royal Jordanian Airlines. For the full article, please click here.

February 1, 2015

Roundtable: Director Responsibility in Today’s Era

Amid an increasingly complex regulatory landscape, growing involvement by legal advisers, and a rising number of claims, directors of public companies may struggle to determine where management ends and oversight begins. Adv. Micky Barnea, a leading authority in the field, was invited to join an expert panel discussing the evolving responsibilities of boards of directors in this new era.

January 29, 2015

Mergers & Acquisition 2015 – Virtual Roundtable

Corporate Live Wire hosted an MA roundtable featuring five experts from around the world, including Adv. Simon Jaffa. The participants examined recent legal and market developments in their respective jurisdictions. The roundtable offered an in-depth analysis of current MA trends, including the key risks and challenges of cross-border transactions, tax considerations, and the resilience of technology-driven investment in Israel.

January 27, 2015

Draft maritime zones bill to clear the water for Oil & Gas Exploration

The recent decision of the Antitrust Commissioner with regard to the existence of a natural gas monopoly illustrates all the more emphatically the absence of an orderly legislative framework to regulate all matters pertaining to oil and gas exploration and production in Israel. Nevertheless, moves are being made to clarify the regulatory framework concerning off shore Oil Gas. A few weeks beforethe Commissioner’s decision,  the government had submitted a draft bill to the knesset on the matter of Israel's maritime zones. The draft bill is worded in a way that adopts the customary provisions of the international Convention of the Law of the Sea of 1982, even though the State of Israel is not one of its signatories. The draft bill defines five maritime zones, including the exclusive economic zone of the State of Israel. Besides defining the boundaries of the exclusive economic zone, the draft bill also prescribes the State’s powers and authorities and the laws that shall apply to that zone. The adoption of the draft bill by the knesset will create certainty and reduce the ambiguity surrounding all issues pertaining to oil and gas exploration, production, utilization and management in Israel’s economic waters. and should encourage foreign companies to consider entry into the Israeli market.

January 27, 2015

Implications of Violating Facebook’s Terms and Conditions

Recently, one of Israel's most popular Facebook pages, "Twitting Statuses," was first suspended and later permanently removed by Facebook. Reportedly, the page operator had been paid to publish commercial content without using Facebook's advertising system and without clearly disclosing that the content was sponsored. It appears that the operator offered advertisers various media packages, with prices determined by the level of exposure available through the page. After this practice became public, Facebook suspended the page and permanently removed it a few days later. Facebook stated that the actions were taken because the operator had breached its terms and conditions. According to Facebook, the operator had received warnings about this conduct but failed to address them. Despite efforts to reverse the decision, including public statements and a publishing a letter he received from the head of Facebook's Israeli office, the operator was unsuccessful. Without addressing the legal dispute between Facebook and the operator, these events underscore the importance of complying with Facebook's terms and conditions. The time and resources invested in developing the page may now be lost, resulting in significant financial harm and a substantial loss of value. This is no minor matter: according to media reports, before the page was removed, the operator had sought ILS 10 million (approximately USD 2.5 million) for it. The page had approximately 700,000 followers, and the operator claimed it generated exposure to millions of users. Businesses that rely on a Facebook page, or any other third-party platform, depend on the continued availability of that platform. Where a business model is designed to generate followers and build value without complying with the platform's rules, that value may disappear quickly. Moreover, where third-party investors are involved, the entrepreneur may face potential claims if the business's core platform-dependent model was inherently vulnerable to suspension or removal. Entrepreneurs should therefore carefully observe the rules of every third-party platform on which their business depends. Failure to do so may expose them to significant financial and legal risks.

January 18, 2015

The Israeli Gas “Cartel’’ – The Battle Heats Up

As is often the case with any controversial issue in Israel, there are both vociferous supporters of the Commissioner’s recent decision regarding the agreement with Noble Energy of the USA and the Delek Group as well as a number of opponents.

January 13, 2015

Adv. Marie Tsion Lectures at Upper Galilee Human Resources Managers Forum

On February 12 2015, Adv. Marie Tsion, head of the firm's Employment Department, will participate in the Northern Region HR Managers Forum. The forum, which includes CEOs and HR managers from leading companies, meets monthly at the Upper Galilee Regional Council.

January 13, 2015

Whitewater Holdings to Pay ILS 127K to Former VP Aviad Caspi

The Tel Aviv Magistrate's Court accepted a claim filed by Mika Benroy, a company owned by Aviad Caspi, a former vice president of business development at Whitewater Holdings. Caspi is also the son-in-law of businessman, Edwin (Benny) Tish. The claim was brought against Whitewater Holdings, founded by Uri Yogev, who formerly served as chairman of its board of directors. The Magistrate's Court ordered Whitewater Holdings to pay approximately ILS 127 000 to Mika Benroy for services it provided to Whitewater Holdings for which it had not received payment. Mika Benroy was represented by Adv. Zohar Lande, Adv. Shai Sharvit, and Adv. Itay Wigoda.

January 11, 2015

Still Waiting to Hear Back After a Job Interview? Employers Must Now Notify Candidates

An amendment to the Notice to Employee Law will require employers to notify job applicants in writing whether they have been hired. The amendment takes effect at the end of January and aims to address the uncertainty candidates face during increasingly lengthy recruitment processes. These processes may involve multiple interviews, assessment centers and other stages, leaving candidates waiting for extended periods for a response, or receiving none at all. This uncertainty can make it difficult for candidates to plan their next career steps.

January 4, 2015

Foreign R&D Centers in the Startup Nation

Israel’s thriving high-tech industry is supported by an ecosystem of companies at various stages of development, an extensive investor community and development centers operated by international companies. This ecosystem continues to attract global corporations to establish development centers in Israel, either by acquiring Israeli companies or as part of a broader strategy to build a local presence.

January 1, 2015

What to Watch for in the Online Gambling Industry in 2015

In 2014, the online gambling industry faced significant challenges, driven primarily by regulatory issues and disappointing results in several jurisdictions, particularly the US states of Nevada and New Jersey. The head of our gambling practice expects 2015 to be challenging as well. One contributing factor is new legislation in England, which took effect in late 2014 and requires online gambling operators offering services there to hold a licence issued by the local Gambling Commission and pay a substantial gambling tax. For the full article, click here.

December 31, 2014

Adv. Zohar Lande Named Lawyer of the Year

Adv. Zohar Lande, a senior partner and head of our Litigation Department, was named Israel’s Lawyer of the Year 2014 in Litigation Dispute Resolution by the CorporateLiveWire legal guide.

December 25, 2014

Zero VAT on Medication Acquired for Clinical Trials in Israel

Amendments to Israel’s VAT legislation are expected to reduce the cost of clinical trials involving human participants, benefiting international companies that conduct trials in Israel. In an interview with Globes, Adv. Harel Perlmutter, who specializes in international taxation at Barnea, explained: "The amendments will have two main implications. First, an Israeli company acquiring medication from an overseas company will not have to pay VAT or customs duty in Israel, costs it would usually pass on to the overseas company. Second, the fees the Israeli company charges the overseas company for conducting the trials will be subject to VAT at a rate of zero percent."

December 18, 2014

2015 InterGame Year Book & Directory Now Available in Digital Format

Barnea has once again beem included in the InterGame Year Book Directory, this time in its 2015 edition, as a law firm advising the gaming and games industries.

December 17, 2014

International Comparative Legal Guide to Gambling 2015 – ICLG

We authored the Israeli chapter of the International Comparative Legal Guide to Gambling 2015. The guide covers topics including relevant authorities and legislation, licence applications and restrictions, enforcement and liability. It is one of 38 ICLG guides covering major practice areas and providing in-house counsel with an overview of the law across jurisdictions.

December 16, 2014

The Treatment of Electrical and Electronic Equipment and Batteries Law

The Treatment of Electrical and Electronic Equipment and Batteries Law recently came into effect. Adv. Asaf Shalev, head of our environmental law practice, explains the law and its implications for suppliers, distributors, and marketers.

December 16, 2014

Treatment of Electronic Waste

The Environment Treatment of Electrical and Electronic Equipment and Batteries Law came into effect recently, as well as the regulations promulgated thereunder. The Law and the regulations prescribe arrangements for the environmental treatment of electrical and electronic equipment, batteries and accumulators in Israel in order to encourage re-use of electrical and electronic equipment, batteries and accumulators and in order to mitigate the negative effects of such equipment and batteries and of the waste generated by them on the environment and on public health.

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