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June 12, 2015

Jurisdiction clause in online terms and conditions

Introduction On May 31, 2015, an Israeli District Court issued a ruling that could have a profound effect on Israeli facing e-commerce activity. In a nutshell, the Court ruled that despite a clear section in the terms and conditions of PayPal as to the jurisdiction in which any legal dispute between PayPal and any of its clients should be adjudicated, such a dispute can nevertheless be handled by a different court – which, in this matter, was an Israeli court.

May 14, 2015

Is the online financial trading industry part of Israeli high-tech?

Micky Barnea, Managing Partner and Head of the Technology department published an article in the IVC annual high-tech book. In the article, Micky asserts that although online financial trading is focused on financial tools, the ability to innovate is a key ingredient in the success of online financial trading companies. As such, they should be treated as high-tech companies.

May 12, 2015

Regulation – what is it good for and what are its implications?

The benefits of operating under a license and regulatory regime Value A higher value for the operator, on account of greater certainty to investors and the market in general. “Cleaner” operation is of higher value, even if carries with it smaller revenue.

May 7, 2015

Top FX figures meet venture capital firms in Tel Aviv: Is the age of funding here?

Senior industry figures from a host of FX companies met top venture capital investors in Tel Aviv, Israel today at the conference hosted by Barnea and the IVC. To read more, please click here

April 30, 2015

Joint interview – Micky Barnea and IVC CEO - Mr Koby Simana

Micky Barnea, managing partner of Barnea, and Koby Simana, CEO of IVC Online, in a joint interview focused on the area of financial trading platforms. In the interview Micky discusses the effects of the new Israeli regulations pertaining to the activities of trading platforms. These regulations will come into effect on May 26, 2015.

April 13, 2015

Taxation of e-commerce in Israel – income tax perspectives according to a draft circular of the income tax authority

The Israeli Tax Authority (ITA) published a draft circular concerning the taxation of foreign corporations that derive income from the provision of services via the internet to Israeli residents. Such circular was published due to the need of the ITA to provide an interpretation of the Israeli tax legislation, in respect of income derived from e-commerce, so as to accommodate the substantial e-commerce activities taking place in or via Israel. The current definitions and rules, which relate to terms such as permanent establishment or place of doing business, have been commonly used in respect of brick and mortar businesses, and the need has arisen to provide an interpretation for such terms so as to allow them to appropriately be applied to the digital economy.

March 24, 2015

SAVE THE DATE: Online Financial Trading NOW, May 5th Tel Aviv

Barnea, IVC, and SpotOption invite you to "Online Financial Trading NOW" Conference. The conference will deal in opportunities, challenges, innovations and trends in the Online Financial Trading Industry. The event will be held on Tuesday, May 5, 2015, 08:30-13:00 at Meirhoff Gallery, Dovnov 8, Tel Aviv.

March 18, 2015

An Overview Of Gambling Law In Israel

360Law website published our Overview Of Gambling Law In Israel. In our overview we provide an analysis of  current laws in Israel and discusses innovations and possible future developments therein.

January 27, 2015

The Implications of violating Facebook’s terms and conditions

Recently, one of the most popular Facebook pages in Israel, by the name of "Twitting Statuses", was suspended and later permanently removed by Facebook. The reason for such action was that the operator of that page (the "Operator"), so it is understood, was paid to publish commercial content on that Facebook page, without going through the Facebook advertising system and without providing any due disclosure that such content was indeed paid for. It appears that the Operator offered various media packages to advertisers fixing prices based on different kinds of exposure on this page. After this manner of operation became public knowledge, Facebook suspended the page and a few days after that permanently removed it. Facebook stated that these actions were taken because the Operator had breached Facebook's terms and conditions. According to Facebook, the Operator received warnings about his manner of operation, but ignored them. Despite the Operator's efforts, which included going public with Facebook's actions and publishing a letter sent from him to the head of the Israeli office of Facebook, his efforts to change Facebook's decision were unsuccessful. Without getting into the legal spat between Facebook and the Operator, this turn of events proves the importance of following the terms and conditions of Facebook. All of the work and effort of the Operator will probably go down the drain, causing him substantial financial loss and diminution in value in connection with this Facebook page. And this is not something to trifle with - according to newspaper reports, the Operator, prior to this turn of events, asked to receive NIS 10,000,000 (approx. USD 2.5M) for the page and had 700,000 followers (and claimed to reach exposure of millions). Given the fact that this kind of business lives or dies on the existence of the Facebook page, and that it operates on a platform owned by a third party, it goes without saying that where the business is intended to generate followers and create value without adhering to the terms and conditions of the third party owned platform, it is reasonable to believe that sooner rather than later, such value will dissolve into thin air. Further,  where there are third party investors that are involved in such a business, this could establish a cause of action against the entrepreneur who used their investments for purposes of the business; where such a core fundamental element of the business is questionable, there is a possibility that the investors will seek to recover damages from the entrepreneur. So, entrepreneurs – pay close attention to the rules of any third party you rely on for the purpose of creating value for your business, failing which , you could expose yourself to financial difficulties on a number of fronts.

January 1, 2015

What to look out for in online gambling industry in 2015

In 2014, the online gambling industry faced many challenges, mainly due to regulatory issues but also due unsatisfactory results in several jurisdictions with the US States of Nevada and New Jersey probably the most disappointing in this respect. According to our head of gambling practice, 2015 will probably be challenging as well. One reason for this is that the new legislation in England, which came into effect towards the end of 2014, requiring any online gambling operator offering is services in England to operate under an online gambling license issued by the local Gambling Commission, as well as pay a substantial gambling tax. For the full article, please Click here

December 18, 2014

The 2015 InterGame Year Book & Directory is now available in digital format

Barnea has once again been chosen to be included in the 2015 InterGame Year Book Directory as one of the law firms advising the gaming and games industries.

December 17, 2014

International Comparative Legal Guide to Gambling 2015 - ICLG

We are the authors of the Israeli chapter in the International Comparative Legal Guide to Gambling 2015. The Guide covers a range of topics including: relevant authorities and legislation, application for a license and license restrictions, enforcement, liability and more. This publication is one of 38 ICLG guides published which cover all major practice areas and provide in-house counsel with a legal overview in different jurisdictions.

November 18, 2014

Who's Who Legal 2014

Our Head on Internet Department was nominated as a leading practitioner in the field of entertainment in Israel by the 2014 edition of Whos' Who Legal, one of the leading global legal guides.

June 1, 2014

The struggle of keeping the net neutrality

The unending struggle of keeping the net neutrality will determine how internet suppliers treat online content. In the meantime, Netflix is not satisfied .

May 15, 2014

Supreme Court dismisses petition to impose VAT on international corporations

About a month ago, the Israeli High Court of Justice deliberated a case petitioning the court to order the Minister of Finance and the Director of the Israeli Tax Authority to impose value added tax on multinational companies, such as Google and Facebook, arguing that they are providing services and selling goods in Israel via the internet, without being required to pay VAT, which gives them an unfair advantage over Israeli competitors.

February 18, 2014

Defamation on Facebook and its legal consequences

Barnea's partner and head of internet department published an article (in Hebrew) in the Calcalist financial newspaper, regarding a recent Israeli court decision that compensated a plaintiff for defamation published against him on Facebook. Dr. Baruch criticizes the court's reasoning, that sought to place less importance and magnitude in respect of defamation published on Facebook, compared to defamation published via other avenues. Dr. Baruch argues, as outlined in the article, that defamation published on Facebook should be treated in the exact same manner in which any other published defamation is treated.

February 8, 2014

Casino in Israel – could the notion materialize

Barnea's partner and head of internet department, published an article in the InterGaming Law magazine, the specialist international gaming law magazine: Casino in Israel - could the notion materialize.

November 17, 2013

Online Gambling Panel

On November 18th, the Israel Bar will hold a panel in respect of online gambling. Our Head of Barnea's internet and e-commerce department, will participate in the panel.

August 20, 2013

Financial Regulation: Early Achievements

In 2010, the Israeli Parliament enacted the Securities Law , creating the framework for the licensing of the online financial trading industry in Israel. The Act is the first attempt of the government to regulate online financial trading in Israel, which is unregulated at all, allowing rogue operators to act, causing damage to consumers and to the reputation of respectful operators.

August 8, 2013

Barnea & Co. represented Orid Media Limited

Barnea represented Orid Media Limited in its sale of certain of its assets and liabilities, including its subsidiary, Pariplay Limited, an Isle of Man online gambling licensee, to a partly owned subsidiary of Majesco Entertainment Company, a NASDAQ listed company. The transaction will see Majesco invest a sum of between $3.5 to $4.5 million.