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| Israel Group News |
| July 2022 |
Welcome to the July 2022 issue of our global newsletter, Israel Group News, aiming to
keep you informed about current developments, hot topics for your consideration and
DLA Piper activities that focus on bringing this dynamic ecosystem to your doorstep.
DLA Piper’s Israel Group delivers all the benefits of a global law firm through a team of lawyers committed to the Israeli market. We provide a wide range of innovative legal services to Israeli companies, investors and entrepreneurs, as well as to companies throughout the world seeking opportunities in Israel. We view ourselves as an extension of our clients, and we aim to partner with them for the long term, whether their needs involve day-to-day inquiries, smaller projects, special situations or largescale transactions.
For more general information about the Israel Group, click here. To gain more perspective on our trusted advisor practice, the types of day-to-day guidance we provide and our representative client list, click here. To read our 2021 at a Glance, click here. To view our promotional video, click here.
We continue to think of you – our many dear friends, colleagues and clients – hoping that
you are keeping safe and well. Please do not hesitate to reach out if you have any questions or if we may be helpful in any manner. For new client requests, please send an email to israelclientrequest@dlapiper.com. |
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| Israel Independance Day video |
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| Watch our colleagues from around the globe
wish our friends and clients a Happy Israel Independence Day. |
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| DLA Piper’s 2022 Annual State of the Market Survey |
| Ongoing economic uncertainty is not hindering broader optimism about the future for
commercial real estate (CRE), according to DLA Piper’s 2022 Annual State of the
Market Survey report. Conducted in February and March of 2022, the survey analyzes the views of CRE experts and leaders on the pandemic recovery, economic outlook, attractiveness of investment markets and overall expectations over the next 12 months. |
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| Global M&A Intelligence Report 2022 |
| This annual report is based on our analysis of key global deal terms of almost 5,000
M&A transactions on which DLA Piper has advised since 2015. Click here to request our Global M&A Intelligence Report 2022. |
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| Client successes |
| Below are some recently announced matters involving our Israeli clients which were featured in the press: |
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| Global activities |
We are proud to report that, in the second quarter of 2022, we commenced projects
for over 75 Israeli companies on multiple matters in the following 42 jurisdictions:
Australia, Austria, Azerbaijan, Brazil, Canada, Chile, China, Costa Rica, Czech
Republic, Denmark, Egypt, the EU, France, Germany, Hong Kong, India, Ireland, Italy,
Japan, Kingdom of Saudi Arabia, Lebanon, Mexico, Netherlands, Oman, Philippines,
Poland, Portugal, Romania, Russia, Singapore, Slovakia, Slovenia, South Africa, South
Korea, Spain, Sweden, Thailand, Turkey, Ukraine, the UAE, the UK and the US.
Below are some new representative matters in which we assisted our Israeli clients
around the world: |
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Commercial issues in Brazil, China, Costa Rica, Czech Republic, France, Germany,
Hong Kong, Japan, Kingdom of Saudi Arabia, Netherlands, Philippines, Poland,
Portugal, Singapore, Slovakia, South Africa, Spain, Sweden, the UAE, the UK and
the US |
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Corporate and securities issues in Australia, Azerbaijan, Canada, Germany, Ireland, Italy, Mexico, Oman, Poland, Portugal, Singapore, South Africa, Spain, the UAE, the
UK and the US |
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Employment and employee benefits guidance in Australia, Canada, China, Czech
Republic, France, Germany, India, Italy, Japan, Mexico, Netherlands, Poland,
Portugal, Romania, Singapore, Spain, Sweden, Thailand, Ukraine, the UAE, the UK,
the US and globally |
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Litigation and dispute guidance in Canada, Czech Republic, Italy, Poland, Portugal,
Romania, the UK and the US |
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M&A and investment guidance in France, Germany, Italy, Netherlands, Portugal,
Spain, the UK and the US |
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Patent, trademark and copyright guidance in the EU, the UK and the US |
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Privacy guidance and compliance – including with respect to the General Data
Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) – in
the EU, Japan, the UK and the US |
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Real estate guidance in Denmark, Egypt, Poland, the UK and the US |
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Regulatory issues in Australia, Austria, Canada, Chile, Czech Republic, Egypt,
France, Germany, Italy, Japan, Kingdom of Saudi Arabia, Lebanon, Mexico,
Netherlands, Philippines, Poland, Russia, Slovenia, South Korea, Spain, Turkey, the
UAE, the UK and the US |
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Tax guidance in France, South Korea, the UK and the US |
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| Colleagues in the Spotlight |
| We hope you enjoy getting to know our colleagues who are featured in this quarter’s
installment of Colleagues in the Spotlight. |
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Please tell us about your area of practice.
My practice transversally combines technology (with a special focus on data protection
and cybersecurity), intellectual property and commercial law. It is challenging, but also
very intellectually stimulating.
What piece of advice would you give Israeli companies looking to establish an
office in Spain?
Spotting local talent and using it. In my experience, Israeli and Spanish companies and
professionals are very complementary, with each one having their own unique features
and skills to offer.
What challenges do Israeli companies face when it comes to the Spanish market?
The Spanish market has become heavily overregulated in recent decades, more than
anyone may have anticipated. Even if an Israel company has received an adequacy
decision from the European Commission, processing personal data and other sensitive
commercial data is subject to intricate limitations that may not be obvious at first sight
(and that are linked to hefty fines in cash if neglected). The same happens with
technology exports or, even more decisively, with public law restrictions when bidding
in tenders organized by the Spanish authorities. However, by mapping these issues
ahead of time, Israeli companies may gain a competitive advantage.
If you could travel to Israel next month, what place would be at the top of your
list to visit?
I had to cancel a planned visit to Makhtesh Ramon, or the Ramon Crater, just before
the pandemic broke out. It would be great to be able to reschedule that trip soon!
If you could go back to school to study for a degree that is not law related, what
would it be?
Architecture. Law is about helping people to build an intangible environment to live in.
Architecture helps to provide a physical environment for living. It is not that far apart. |
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Please tell us about your area of practice.
I’m a life science compliance attorney, with a focus on FDA regulatory and healthcare
compliance issues for the life science and medical device/diagnostic industries. My
practice focuses on three main areas: (1) FDA regulatory engagement issues, such as
submission strategies, labeling requirements, claims development and verification,
licensing, regulatory inspections, government agency investigations and enforcement
actions, and import and export issues; (2) reimbursement issues, such as healthcare
provider collaborations and interactions, payor communications and code submissions;
and (3) collaborative agreements regarding research and clinical trial relationships,
product supply and distribution, and structuring of financing arrangements.
What piece of advice would you give Israeli companies looking to expand their
global reach in the US?
Congratulations! The US is a complex system, but worth it in every aspect. My number
one piece of advice is to build regulatory value from the outset. Learn the requirements
and leverage the complexity to make your business stand out and outperform the
competition. Regulatory value is often forgotten and only focused on when regulatory
becomes a liability, such as in a financing round with an aggressive investor diligence
review or in a direct enforcement action. The companies that focus on understanding
and leveraging regulatory compliance are usually successful and sustainable
enterprises.
What challenges do Israeli companies face when it comes to the US market?
Hands down, the healthcare reimbursement models continue to be the most complex
aspect for a life science or device/health tech company. Finding a value proposition
along with the right mechanisms for reimbursement to be profitable long term –
whether it’s cash pay, government payors or through private insurance and
employment enterprise models – is a challenge with literally thousands of possible
models and variations.
If you could travel to Israel next month, what place would be at the top of your
list to visit?
I’ve been so many places in Israel, but never to Eilat, so I would put that at the top of
the list for now.
If you could go back to school to study for a degree that is not law related, what
would it be?
Art history. I love the creative ways of communicating across cultures and languages
and how art forms are so closely linked to history.
What is the last book you read, and would you recommend it (and why or why not)?
The Power of Regret by Daniel H. Pink. I love how his study of the negative feeling of
regret can be empowering to help craft meaningful future experiences. |
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| News from DLA Piper |
So, what precisely is the metaverse? What metaverse use cases currently exist, and
which do we expect to emerge? What laws will apply to the metaverse? In this article, Tom K. Ara, Mark F. Radcliffe, Michael Fluhr and Katherine Imp explore these and other questions in more detail.
As a result of Russia’s invasion of Ukraine, the US and its allies have implemented a
broad array of sanctions and other economic measures intended to impose costs on
Russia and its allies. The US government implemented these policies just days after the
initial invasion in February 2022, has since expanded their scope considerably and
continues to announce new measures. This alert provides an overview of the significant new sanctions and export controls on Russia and Belarus.
As companies look to better understand and integrate environmental, social and
governance (ESG) initiatives into their strategic and operational planning and reporting,
they must navigate disparate stakeholder expectations, dynamic domestic and foreign
policy goals and regulations, numerous and widely varying reporting frameworks and
rating systems, and challenges and costs associated with the collection, assimilation and
reporting of relevant information. In this alert, we suggest several considerations for
boards of directors and management teams as they embark on the path to sustainability.
Jim Sullivan provides a brief overview of the recent bipartisan compromise reached by
congressional leaders regarding potential federal privacy legislation. The proposed bill would pre-empt most state privacy laws and include a limited private right of action. “FDA Approved” claims are often used, and misused, in the advertising and marketing of a number of FDA-regulated products. In recognition of this issue, on May 10, 2022, the
FDA issued a consumer advisory providing insight into the scope of the agency’s premarket approval process. Read more here. |
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| Legally Israel 100 – IsraelDesks League Tables |
| We are honored and proud to be recognized as a top-ranking firm by Legally Israel 100
– IsraelDesks League Tables, and Jeremy Lustman as a Leading Individual (the ranking’s top category). Our Israel group took the quadruple crown this year, taking first place in more categories than any other firm: M&A (volume), real estate, tax and intellectual property. The IsraelDesks League Tables are the only legal industry tables for global law
firms with Israeli practices. The tables recognize law firms and lawyers who are not only
involved in Israeli deals and with Israeli clients, but who also have a deep understanding
of market trends, their clients’ opportunities and challenges to overcome. |
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| Giving back to the community |
In honor of recent holidays in Israel, we made a donation to the IDF Widows &
Orphans Organization, a nonprofit organization that provides bereaved families who
have lost a parent of spouse in the Israel Defense Forces with welfare and social
programs. We also co-hosted a barbeque for soldiers through PizzaIDF, an
organization that delivers pizza and other food gifts to IDF soldiers around the country.
In honor of the Jewish holiday of Shavuot, we made a donation to Shachen Tov – The Good Neighbor Association – which acts to advance societal sectors in need, with an emphasis on localized activities for marginalized populations.
Below are a few of the events we sponsored over the last few months. |
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The legal teams of Ermetic and Freightos joined us for a morning of volunteering at Pantry Packers, which distributes food to Israel’s poorest families and senior citizens. We packaged boxes of Ethiopian food items, including green coffee, cornmeal and
oatmeal, for the Ethiopian community. |
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We sponsored Comedy for Koby, a biannual comedy tour, in support of The Koby
Mandell Foundation. A number of our team members enjoyed various performances around the country. |
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We sponsored dinner for 40+ volunteers from United Hatzalah of Israel, a national community-based volunteer emergency medical services (EMS) organization, to
thank them for their life-saving work. |
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We sponsored and attended the TAMID Group. fellowship’s opening event at the Tel Aviv Stock Exchange. Members of the DLA Piper Israel Group enjoyed dinner with the fellows followed by a panel discussion in which Jeremy Lustman, Partner and Head of the Israel practice, Cecile Blilious Head of Impact & Sustainability at Pitango VC, and Lauren
Silvermintz, Customer Success Manager at Cymbio, discussed innovation, business, and culture in the Israeli ecosystem. |
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Our team volunteered twice at Leket Israel, an organization that recognizes food insecurity issues in Israel and works to provide meals all over the country. On our first trip, we packaged hundreds of boxes of oranges, tangerines and melons. The second time, we invited our friends from Plarium and Eisner Amper and shucked corn and washed beets, which were sent around the country to those in need. |
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| Recent events |
On May 10, we hosted the third installment of our exclusive Regional Private Chef
Dinner Series in honor of Europe Day. This hybrid event included a European-themed
dinner with a twist, created by the esteemed Chef Zissie. We were joined virtually by
Pilar Menor (Global Co-Chair, Employment, Spain), who gave an update on the recent
employment reform; Joaquín Echánove (Corporate Partner, Spain), who summarized
the M&A trends in the Spanish market; Nuno Azevedo Neves (Country Managing
Partner, Portugal), who spoke about key matters in Portugal; Benjamim Mendes (Head
of Employment, Portugal), who gave an update on Portugal being a new destination for
tech hubs; Jonathan Rofé (Location Head, France), who addressed the IT and digital
trends in the French market; and Anne Duchesne (Employment Counsel, France), who
discussed employment reforms implemented by President Emmanuel Macron to
encourage foreign investors. The dinner was attended by in-house counsel of Israeli
companies doing business in these countries. Click here to see pictures from
the event.
On May 11, we hosted a virtual discussion regarding how the escalating sanctions and
export control restrictions that have been imposed on Russia, Belarus and the
Russian-occupied regions of Ukraine apply to Israeli companies doing business in
those countries. We were privileged to hear from Chloe Barker (Legal Director, UK),
Dave Allman (Of Counsel, Washington DC), Nate Bolin (Partner, Washington DC) and
Nick Klein (Partner, Washington DC). We were also joined by Daniel Reisner (Public
International Law Partner at Israeli law firm Herzog), who presented the Israeli
perspective on these issues.
On June 10, Jeremy Lustman and Naomi
Maryles (Managing Director) presented at the firm’s internal Americas Conference that
took place in Orlando, Florida, where they discussed the dynamics of the Israeli
technology ecosystem and the evolution, growth and strategy of the DLA Piper Israel
Group. Alongside Matt Schwartz, they additionally led a Kabbalat Shabbat program
that was attended by dozens of DLA Piper colleagues.
On July 5 and 6, we hosted three colleagues from our Dubai office – Iain Skinner (Employment Partner), Jamie Ryder (Intellectual Property and Technology Partner) and Andrew
Mackenzie (Head of Litigation, Arbitration and Investigations, Middle East) – who met with a number of key clients and Israeli law firms with whom we work closely. The highlight of their visit was a tour in the Old City of Jerusalem, followed by dinner with our dear friends from OurCrowd on the rooftop of the Mamilla Hotel, overlooking the walls of the Old City. This was the first of what we hope will be many visits from DLA Piper colleagues to Israel following the severe travel limitations of the past couple of years. Click here to see pictures from their visit. |
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| Coming soon |
| We are thrilled to be planning several in-person events again. Stay tuned for updates on the
following events: |
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| Recent press |
| “Get to know your client”: How to know you are not violating the sanctions on Russia,”
The Marker, May 12, 2022 |
| “Booking.com for Global Charges”: Freightos will be merged with SPAC at half a billion
dollars valuation,” Globes, June 01, 2022 |
| “Leonardo DRS buys Israeli radar co RADA at 34% premium,” Globes, June 21, 2022 |
| “American Leonardo acquires Rada,” Techtime, June 21, 2022 |
| “Military technology giant Leonardo acquires Rada,” Funder, June 21, 2022 |
| “It is the influencers who are responsible for their posts, not the company,” Calcalist,
July 5, 2022 |
| “Hosting colleagues from the UAE,” Maariv, July 5, 2022 |
| “Hosting UAE colleagues,” Walla, July 6, 2022 |
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Published by DLA Piper LLP (US)
Copyright © 2022 DLA Piper LLP (US), All Rights Reserved. |
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