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Global Cartel - Follow-on Class Actions in Israel - Is This The End?
Fischer Behar Chen Well Orion & Co., August 2017

The Israeli Supreme Court Ruling earlier this year, which establishes that, for the purpose of service out of the jurisdiction based on Regulation 500(7) of the Israeli Civil Procedure Regulations, 5744-1984 (“Civil Procedure Regulations“) – it is not sufficient to indicate damage which allegedly occurred within Israel, but rather an act or omission in Israel must be shown...

The New Design Law (Israel)
Fischer Behar Chen Well Orion & Co., August 2017

  On July 26, 2017, the Knesset approved a new Design Law (the “Design Law” or the “Law”). The Law will come into force 12 months following its publication. “Designs” are defined as the visual features of products (such as cars, electrical appliances, screen displays, furniture, jewelry, fashion, etc.), which are not purely utilitarian...

Labor Relations Update - (Israel)
Fischer Behar Chen Well Orion & Co., July 2017

New Ruling – calculation of an hourly employee’s last wage for the purpose of calculating the severance pay to which he is entitled will be made according to the partiality of his position throughout the term of his employment On June 4, 2017, the National Labor Court rendered a judgment in Labor Appeal 44824-03-16 Y.B. See Resources Ltd. vs Adhenom Berh Teami (the “See Resources Case“)...

Israeli District Court Accepts the ITA Position and Sets New Acquisition Price for Tax Purposes Between Related Parties
Fischer Behar Chen Well Orion & Co., July 2017

We write to inform you about a precedent-setting ruling by a District Court in Israel in a case between Gteko, a subsidiary of Microsoft Corporation, and the Israel Tax Authority ("ITA") regarding a transaction for the sale and purchase of intellectual property assets and its valuation.In 2006, Microsoft acquired the entire share capital of Gteko for $90 million (pursuant to a "Share Agreement")...

New Tax Circular Regarding Taxation of Holdback Payments and of the Reverse Vesting Mechanism in the Context of Mergers & Acquisitions
Fischer Behar Chen Well Orion & Co., June 2017

The Israeli Tax Authority (the "ITA") has recently published a tax circular (the "Circular") on the tax treatment of holdback payments and of the reverse vesting mechanism in the context of merger and acquisition transactions. According to the Circular, subject to certain conditions, that will be detailed below, the sale of shares to which holdback payments and reverse vesting mechanisms apply would be subject to a capital gains tax rate of 25% (30% in case of controlling shareholders)...

Newly Enacted Information Security Regulations
Fischer Behar Chen Well Orion & Co., June 2017

In recent months, the Knesset Constitution, Law and Justice Committee approved the Protection of Privacy Regulations (Information Security) 5777-2017 (hereinafter: the "Regulations"). The Regulations mark a landmark change in the field of information security in Israel and they impose substantial obligations on database owners...

Update of the Population and Immigration Authority's Guidelines in Relation with the Employment of Foreign Experts in Israel
Fischer Behar Chen Well Orion & Co., June 2017

Under Israeli law, the employment of a foreign employee who is not a citizen or resident of Israel is a criminal offense, except if the person requesting to employ the foreign employee received a special permit from the Population and Immigration Authority (the "Authority") pursuant to the Foreign Workers Law, 5751-1991...

Israel: Startup Nation Open to India and the World
Fischer Behar Chen Well Orion & Co., June 2017

FBC & Co examine the business and legal aspects of investing in one of the world’s most technologically advanced economies. Established in 1948, Israel is the world’s only Jewish state, and the sole democracy in its vicinity. Israel has a diverse open market economy. Being a relatively young state, Israel is recognized as a developed market by many major indices. Israel has been a member of the high-income sector of the OECD since 2010...

New Rules Published by the Israeli Innovation Authority
Fischer Behar Chen Well Orion & Co., June 2017

In May 2017, the Israeli Innovation Authority (the successor of the Office of Chief Scientist), a division of the Israeli Ministry of Economy and Industry (the "Innovation Authority"), issued new rules1 becoming applicable to Israeli companies that receive grants from the Innovation Authority ("Funded Companies")...

Legal Update: Aviation - 2017
Fischer Behar Chen Well Orion & Co., February 2017

The Ministry of Transport National Infrastructures and Road Safety published a notice regarding a revision to the penalty amounts set out in the Aviation Services Law. Revisions were under the (Compensation and Assistance for Flight Cancellation or Change of Conditions), 5772 - 2012 (the "Law") and the Aviation Services Regulations (Compensation and Assistance for Flight Cancellation or Change of Conditions) (Domestic Flights) 5773-2013 (the "Regulations")...

Taxation of Foreign Residents Supplying Digital Services in Israel
Fischer Behar Chen Well Orion & Co., December 2016

As part of its continuing efforts to develop legislation regarding the taxation of non-Israeli persons providing digital services in Israel, the Israel Tax Authority recently published a proposed amendment to the Value Added Tax Law (the “Proposed Amendment”)...

Right of Publicity in Israeli Law
Fischer Behar Chen Well Orion & Co., September 2016

On August 28, 2016, the Israeli District Court of the Central District issued a decision regarding the right of publicity under Israeli Law (In re Fundacio Gala Salvador Dali v. V.S Marketing (Israel 2005) Ltd.). The right of publicity is the right of a person to financially exploit his name, picture or voice...

New ITA Ruling Regarding Taxation of Holdback Payments and Reverse Vesting Mechanism in the Context of Mergers & Acquisitions
Fischer Behar Chen Well Orion & Co., August 2016

The Israeli Tax Authority (the "ITA") has recently published a draft circular ("Draft Circular") on the tax treatment of holdback payments and reverse vesting mechanism in the context of merger and acquisition transactions. According to the Draft Circular, subject to certain conditions as will detail below, the sale of shares to which holdback payments and reverse vesting mechanisms apply would be subject to a capital gains tax rate of 25% (30% in case of controlling shareholders)...

General Collective Agreement Concerning the Increase of Allocation Rates Towards Pension Insurance
Fischer Behar Chen Well Orion & Co., June 2016

In February 2016, a general collective agreement was signed between the Histadrut (the largest labor union in Israel) and the Presidium of Israeli Business Organizations (the umbrella organization of employers in Israel).The collective agreement will come into effect on July 1, 2016 and its provisions are expected to be applied by extension order to all employees in Israel...

Israel Bond Financing of U.S. Commercial Real Estate
Fischer Behar Chen Well Orion & Co., June 2016

There is a growing trend of initial public offerings of debt in Israel by U.S. (and Canadian) real estate companies with income-producing real estate and the listing of the bonds for trading on the Tel Aviv Stock Exchange. During 2014 and 2015, approximately 15 such real estate companies completed public debt offerings in Israel, the large majority of which were initial public offerings, raising approximately NIS 8 billion in total (equivalent to approximately US$2 billion) during such period...

New Legislation Enables the Public Offering of Foreign Fund Units in Israel for the First Time
Fischer Behar Chen Well Orion & Co., February 2016

NewLegislation Enables the Public Offering of Foreign Fund Units in Israel for theFirst Time On February 10, 2016, the IsraeliParliamentary Finance Committee approved regulations ("Regulations")which will enable the public offering of foreign mutual fund units inIsrael. The Regulations will take effectwithin six months from the date of publication. Prior to the enactment of theRegulations, the Israeli Joint Investment Trust Law permitted the offering offoreign funds in Israel...

Amendments to the Israeli "Angels Law"
Fischer Behar Chen Well Orion & Co., February 2016

Dear Clients and Colleagues, We write to inform you about amendments tothe "Angels Law" that were recently enacted with the aim ofencouraging private investment in new start-ups in the seed stage (the "Amendment").The "Angels Law" refers to theprovisions of section 20 of the 2011-2012 Economic Policy Law, which was passedas a temporary order and was in force during 2011-2015 (the "Law")...

The Family Factor - The Secret Ingredient in Developing Business Opportunities
Fischer Behar Chen Well Orion & Co., March 2015

“Families that play together, stay together”. That’s what my late grandfather always used to say. But what does his message have to do with developing business opportunities in a law firm? In my opinion, everything. Business development is about people. It’s about relationships. Not just momentary relationships, but committed relationships. Relationships one would most likely find in a family.  What unites a family and makes it strong? Trust, common values and support...

FBC Tax Update - Is This the Last Chance for Voluntary Disclosure?!
Fischer Behar Chen Well Orion & Co., September 2014

Recently, there have been indications that the Israel Tax Authority (the "ITA") is strengthening its ties with foreign tax authorities and banks in order to obtain information on Israelis who hold unreported bank accounts overseas...

The Director General of the Israel Tax Authority Has Announced A New Campaign For the Voluntary Disclosure Of Assets
Fischer Behar Chen Well Orion & Co., June 2014

On June 9, 2014, Mr. Moshe Asher, the General Director of the Israeli Tax Authority, announced at the CPA Association Conference that the Israel Tax Authority (the "ITA") will be launching a new voluntary disclosure program enabling taxpayers to report their concealed capital in Israel and abroad (the "new campaign")...

Latest Developments Regarding Service Inventions
Fischer Behar Chen Well Orion & Co., May 2014

On May 4, 2014 the Commission for Compensation and Royalties of the Israeli Patent Authority (the "Commission") rendered a decision relating to an employee's request to receive royalties for service inventions (the "Decision"). The Decision reduces the uncertainty that had surrounded the nature of an employee’s right to receive royalties for service inventions, and provides important guidelines for examining employee royalty waivers in agreements between employers and employees...

 

 

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