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27 results for JD Supra Israel › Barnea Jaffa Lande & Co.

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  • Politics at Workplace

    The election for the 22nd Knesset will be held on September 17, 2019. This is the first time in Israel’s political history that two elections for the Knesset will take place in the same year. Election Day is a statutory holiday. An employee who has worked at least 14 consecutive days prior to Election Day for the same employer or at the same workplace is entitled to wages for Election...

  • Israel Securities Authority Working to Launch Securitization Market in Israel

    The Israel Securities Authority (ISA) recently published an advisory document for public comment ahead of the publication of a legal memorandum for the regulation of the securitization field in Israel.

  • Initiative to Increase Population Density in Residences

    The National Committee for Planning and Construction has approved the Planning Administration’s initiative to amend the provisions of TAMA 35. The planned amendment will update the calculation method for the level of population density, from the number of residential units per square kilometer to the number of persons per square kilometer.

  • Supreme Court Dismisses Nespresso Suit against Espresso Club

    The Supreme Court recently dismissed an appeal by Nestlé, the Swiss multinational food and drink processing conglomerate, and its subsidiary corporation Nespresso, filed against our client, the Israeli company Expresso Club. The appeal claimed copyright and trademark infringement, unfair competition, and damage to Nespresso’s reputation.

  • The Gap between Increasing the Agricultural Value Chain and Regulation

    There is no dispute as to the national importance of agriculture. Over many decades, agriculture has been synonymous with “settlement,” “pioneering,” and “Zionism.” Jewish immigrants arrived from all corners of the diaspora, settled, worked the land, and made the wilderness flower. Indeed, continuously since then, Israeli farmers have won international recognition and Israeli agriculture has...

  • The High Court of Justice's Policy on Workplace Sexual Harassment in Israel

    The National Israeli Labor Court is an independent tribunal and thus only rarely does the High Court of Justice (HCJ) intervene in its decisions. Recently, in an unusual move, the HCJ twice reversed the rulings of the National Labor Court. In both cases as part of its policy to eliminate the phenomenon of workplace sexual harassment.

  • Entities with Relatively Small Market Shares May Also Be Deemed Monopolies

    Six months after the amendment to the Economic Competition Law took effect, the Competition Authority published its position regarding the circumstances in which even an entity with less than a 50% market share may be deemed a “monopoly holder.”

  • New Restrictions on Hedge Funds in Israel

    The Israel Securities Authority recently published a staff position that has material implications on the hedge fund sector in Israel and on the investor public. This position was issued against the backdrop of a judgment handed down by the Tel Aviv District Court in the Integral Fund case – a hedge fund that caused heavy losses to the hundreds of investors who invested in it. In this...

  • Dramatic Decision on the Taxation of Trusts in Israel

    The Tel Aviv District Court handed down a decision a few days ago rejecting the Israel Tax Authority’s (ITA) position on the conveyance of real estate properties to trusts. This decision dramatically changes the taxation of trusts in Israel.

  • Payment Apps Will Enter Small Businesses

    Bank of Israel published a position paper with respect to the activity of banks’ payment apps (Pepper by Bank Leumi, Bit by Bank Poalim, and Paybox by Discount Bank) in the B2C market. The position paper is the conclusion of a long battle waged by credit card companies against the banks.

  • Software Companies No Longer Subject to Expansion Orders in the Field of Industry?

    The question of categorizing high-tech companies as software industry companies arises in many due diligence inquiries. The operative meaning of this categorization suggests that the application of transaction terms set in expansion orders for various industries is applicable to high-tech companies as well. It also concerns the duty of such companies to pay organizational management fees to the...

  • Raising Early Stage Financing for Your Start-Up? The Do’s and Don’ts You Must Know

    Raising financing is tricky, stressful and for many involves navigating uncharted waters. It is an art and an important skill to master to ensure the future of your start-up. Whether your first investment comes when you simply have an idea scrawled on the back of a napkin, or once you already have a POC or product – the odds are that you will not have the experience to negotiate on equal grounds...

  • Canceling Expropriation for Public Use – When?

    In a recent judgement by the Supreme Court, the circumstances under which a court may intervene and cancel an action for expropriation were considered.

  • Precedential Court Ruling on Options Plans for Employees

    Several days ago, a precedential judgment was handed down (AA 55937-01-17, Shohat v. The State of Israel) on option plans for employees in respect of section 102 of the Income Tax Ordinance. Although the judgment considers several issues, we wish to focus on the significant new precedent set. The relevant facts for our purposes are as follows...

  • Labor Court Ruling on Gender Pay Discrimination

    Last June, the Be’er Sheva Regional Labor Court published an unusual decision. It concerned a female pharmacist who earned a lower salary than a man performing similar work at a different pharmacy owned by the same employer.

  • Bill to Amend the Investment Advice Law to Allow General Investment Advice without a License

    The Israel Securities Authority (ISA) recently published a draft bill for the Regulation of Investment Advice, Investment Marketing and Investment Portfolio Management Law, 5755-1995 (the “Advice Law”). The purpose of the bill is to regulate the area of  of general investment advice services and to allow those services without the need for an advice license, while still meeting some requirements.

  • Israel Securities Authority Demands Being Granted Authority to Supervise Underwriters and Distributors

    The Israel Securities Authority (ISA) recently published a proposal for amending the Securities Law as to the supervision of underwriters and distributors. The ISA aims to add a section to the law that would authorize it to establish regulations for underwriters and distributors for purposes of supervising their activity, similar to its current authority over investment managers, investment...

  • 2019 Opportunities in the Israeli Market

    For over twenty years, and despite the many internal and external challenges unique to Israel, Israel’s economy has demonstrated continued strength, growth and stability. In 2019, Israel remains “the Start-Up Nation” and a leader of technological innovation. Thanks to its strong currency, active economy, and robust export industries, it also continues to attract noteworthy international...

  • The Israeli Payment Market Is Lagging Behind

    The payment market in Israel and around the world is marching toward revolution: Facebook announced the launch of its digital currency, the Libra; Le’umi Bank entered into agreements with 400 businesses for acceptance of payments using Pepper Pay; and the payment apps Bit, Pepper Pay, and Paybox are seeking to replace credit cards at the SuperPharm. Now, the payment market awaits a decision by...

  • The French Paradox

    In 2018, 70% of the funds raised by Israeli companies came from foreign investors. Israeli tech companies’ ability to attract such foreign investment attests to these investors’ wish to become part of the Israeli tech success story.

  • Amendments to the Encouragement of Capital Investments Law

    Much has been written about regulation’s difficulty with keeping up and meeting the technological changes of the modern world. Globalization and quick, frequent changes create “holes” that are difficult for the legislature to fill in time. This is true not only for legislation that aims to adapt to a new technological product, but also for commerce and industry, which have undergone significant...

  • Supreme Court: A Service Text Message Is Not a Violation of the Spam Law

    The Supreme Court recently ruled on the issue of whether sending a text message in the course of customer service constitutes a violation of the Spam Law. The Court granted the Bezeq company’s appeal regarding the certification of a class action suit against it and held that the text messages Bezeq sent its clients do not meet the definition of “advertising material” and thus do not violate the...

  • The Difference between a Distributor and an Agent in the Law's Eyes

    Do you sell, market, or distribute someone else’s goods in Israel? Your role, whether as a distributor or as an agent, affects the rights you are entitled to by law. If you act as a commercial agent and not as a distributor, the statutory provisions that protect commercial agents upon severance of agency relations apply to you (in addition to the provisions of contract law that apply...

  • ICO 2.0 - The IEO Financing Model

    Signs of recovery in the crypto field are obvious and the investing public is again interested in companies operating in this realm. Thus, with the initial coin offering (ICO) era considered over, it seems there is a new tool for financing – the initial exchange offering (IEO). This method of financing is more transparent and reliable for investors, entrepreneurs, and markets, providing partial...

  • Israeli Registrar of Amutot Presents a New Policy – Certificate of Proper Management Valid for Two Years

    The Israeli Registrar of Amutot and Dedications has changed its policy on the granting of certificates of proper management to Amutot and public benefit companies (PBC). From now on, any Amutot and PBC that meets particular criteria will be entitled to receive a certificate of proper management valid for two years, instead of for one year, as was the case until now.

  • Advertising Message or Informational Content? - How Israeli Courts Interpret the “Spam Law”

    More and more people have begun filing claims on the grounds of violations of the “Spam Law.” Israeli courts, for their part, are conveying an encouraging message to consumers in their latest rulings: they are awarding significant compensation and are certifying class actions against advertising companies and also against officers.

  • Guidelines for Standardization of Contracts and Tenders of Infrastructure Companies in the Area of Transportation

    In light of the rise of investments in transportation projects, the Accountant General of the Ministry of Finance, the Director General of the Ministry of Transport, and the Manager of the Government Companies Authority recently issued guidelines for infrastructure companies operating on behalf of the Ministry of Transport, requesting such companies adopt binding standards on several issues...

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