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11 November 2022

Israel Group News November 2022

Welcome to the November 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 large-scale 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.

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.

Jewish New Year

Watch our colleagues from around the globe wish our friends and clients a happy and healthy Rosh Hashana (Jewish New Year). To read the card we sent to our clients in honor of Rosh Hashana, click here.

Global M&A Intelligence Report 2022

The Global M&A Intelligence Report examines the characteristics of, and the drivers for, M&A deal activity in the industrials sector, as well as provides strategic sector-specific insights. The report’s findings are based on an analysis of global market data of 11,604 deals completed between 2019 and 2021 within the industrials sector and a comparative analysis of 143 Industrials sector deals that DLA Piper has advised on in the same period. It further builds on a survey that we have conducted among 50 senior M&A lawyers across the globe in DLA Piper’s Industrials sector group. Click here to request a copy of our Global M&A Intelligence Report 2022.

DLA Piper’s 2022 Mid-Year US Real Estate Trends Report

Our Mid-Year US Real Estate Trends Report builds on the findings of the 2022 State of the Market Survey and shows why real estate experts are optimistic about the recovering commercial real estate market. Click here to download the full report.

Tech Index 2022 Report

The Tech Index 2022 Report explores perceptions of technology growth, including insights from 350 senior business executives from across Europe in the fields of technology and financial services as well as the public sector. The data was analyzed by more than 40 members of DLA Piper’s Technology sector around the world (including the US, EMEA and Asia Pacific). Click here to request a copy.

Client successes

Below are some recently announced matters involving our Israeli clients which were featured in the press:


Global activities

We are proud to report that, in the third quarter of 2022, we commenced projects for over 60 Israeli companies on multiple matters in the following 43 jurisdictions: Australia, Belgium, Brazil, Canada, China, Czech Republic, Denmark, the EU, Finland, France, Germany, Hong Kong, Hungary, India, Indonesia, Ireland, Italy, Japan, Kenya, Kingdom of Saudi Arabia, Mexico, Netherlands, New Zealand, Nigeria, Norway, Panama, Philippines, Poland, Portugal, Romania, Russia, Singapore, South Africa, South Korea, Spain, Sweden, Taiwan, Thailand, Ukraine, the UAE, the UK, the US and Vietnam.

Below are some new representative matters in which we assisted our Israeli clients around the world:

 

  • Commercial issues in Australia, Belgium, Czech Republic, the EU, France, Germany, Hong Kong, Hungary, India, Italy, Japan, Netherlands, Panama, Poland, Singapore, the UAE, the UK and the US
  • Corporate and securities issues in Australia, Canada, Ireland, Japan, Kenya, Mexico, Nigeria, Romania, Singapore, South Africa, Spain, the UAE, the UK and the US
  • Employment and employee benefits guidance in Australia, Belgium, Brazil, Canada, China, Czech Republic, Denmark, Finland, France, Germany, Italy, Japan, Mexico, Netherlands, Norway, Philippines, Poland, Portugal, Singapore, South Africa, Spain, Sweden, Thailand, Ukraine, the UAE, the UK, the US, Vietnam and globally
  • Litigation and dispute guidance in Brazil, Germany, Italy and the US
  • M&A and investment guidance in Brazil, France, Spain, the UAE, the UK and the US
  • Patent, trademark and copyright guidance in the EU, New Zealand and the US
  • Privacy guidance and compliance – including with respect to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) – in Brazil, China, Denmark, the EU, France, Germany, Poland, Singapore, South Korea, Spain, the UK and the US
  • Real estate guidance in China and the US
  • Regulatory issues in Australia, Canada, the EU, France, Germany, Indonesia, Italy, Japan, Kenya, Kingdom of Saudi Arabia, Philippines, Poland, Russia, Singapore, South Korea, Spain, Taiwan, the UAE, the UK and the US
  • Tax guidance in France, the UK and the US

Colleagues in the spotlight

Matthew Satchwell

Matthew Satchwell
Partner, US

Please tell us about your area of practice.

I am the US Vice Chair of the Patent Litigation Group. My practice focuses on patent litigation in the US, although my clients are almost all based overseas in Asia, Europe and, of course, Israel.

Patent litigation in the US can occur in a variety of forums, and I support my clients in all of them. Much of the work is in Federal District Courts across the US, although three courts – the Western District of Texas, the District of Delaware and the Eastern District of Texas – together see more patent cases than the rest of the country combined. So, I litigate in those courts very frequently.

I also handle many cases at the International Trade Commission (ITC). The ITC is an administrative law court that has jurisdiction in cases where products are being imported into the US that are alleged to infringe upon US patents. The ITC has a very specialized set of rules and is a very fast-paced environment in which to litigate. Because the only remedy available at the ITC is an “exclusion order” that bars the import of infringing goods (effectively a nationwide injunction), my clients take ITC litigation very seriously, and I enjoy the fast-paced, high-stakes cases we handle there.

Finally, I also often litigate inter partes review (IPR) proceedings at the Patent Trials and Appeals Board. IPRs are a relatively new procedure that allow a party to challenge the validity of an issued US patent in a relatively quick and inexpensive way.

Wherever I litigate, I always keep my clients’ business objectives in mind as the lens through which I view the legal issues. Too often I find that litigators view litigation itself as the goal, rather than ensuring that the client’s business objectives drive the litigation strategy. It is always my pleasure to partner closely with my clients over many years to get to know them and their businesses inside and out. I find that the best outcomes are achieved when I can execute on litigation strategy from a trusted advisor role, with a nuanced understanding of my client’s best business interests in clear focus.

What piece of advice would you give Israeli companies looking to expand their global reach in the US?

Be creative, be innovative and let your creativity and innovation drive your market approach. The US is an enormous market, and there are enormous opportunities in nearly every sector and at every level. Thoughtful cultivation and protection of intellectual property in its many forms – whether source code, trade dress, patented technology or trade secrets – can be instrumental in both clearing market space for your company to grow and protecting the business you build. Unlike more tight-knit business communities like Israel, the US is a sprawling market with huge gaps in relationship networks and discontinuities in information flow and basic street-level knowledge. So, being the connecting force between otherwise disparate market segments or customer groups can also be a huge vector for growth in the US.

If you could go back to school to study for a degree that is not law related, what would it be?

I’ve always been fascinated by cognitive science. Thinking about how we think is deeply interesting to me, and the sub-fields of linguistics, artificial intelligence and anthropology that inform the interdisciplinary study of cognitive science are themselves something I’d love to have the time to get deeper into. The history of how we have imagined and articulated our sense of self – and how those notions have changed over time – also makes cognitive science a field in which I’d enjoy spending some time.

What is your favorite TV show right now?

I’d say it’s a tie between a long-running comedy show called America’s Funniest Home Videos and an AppleTV drama called For All Mankind.

Katherine Chew

Katherine Chew
Partner, Singapore

Please tell us about your area of practice.

A large part of my practice is focused on cross-border M&A and corporate matters in Asia-Pacific, which involve helping multinational corporations set up in Singapore and Southeast Asia and expand their operations throughout Asia-Pacific through acquisitions or setting up new local entities. It is fulfilling when we can help our clients get a business up and running. 

I also lead our corporate reorganizations practice in Singapore and advise on pre-acquisition and pre-closing reorganizations, post-acquisition integrations and tax-driven reorganizations. Given the dynamism and ever-changing business landscape in Asia, clients are regularly rationalizing their business structures to improve and extract profits and to enter and exit markets from time to time. I am also a ranked employment lawyer, which enables me to guide clients through all employment issues for acquisitions and reorganizations.  

What challenges do Israeli companies face when it comes to the Singapore market?

Singapore is one of the easiest places to do business in the world. A company can be established in as quickly as one week depending on satisfaction of Know Your Customer(KYC) requirements. However, some foreign companies are surprised by the continuing compliance requirements, such as the annual audit requirement. Even a relatively small Singapore operation may need to comply with audit requirements. That said, the audit requirements are in line with international standards and are not unusual – the trick is simply recognizing that such requirements exist. You can refer to our helpful Guide to Going Global Corporate – Singapore for more details on the legal requirements.

If you could travel to Israel next month, what place would be at the top of your list to visit?

That’s a tough one. Israel is so rich in history and culture that I couldn’t possibly choose just one place!

If you could go back to school to study for a degree that is not law-related, what would it be?

I had always wanted to be a medical doctor to help bring comfort to people, but my younger self was terrified at the sight of blood! But with two young accident-prone children, I have overcome that fear. I would probably be a good pediatrician!

News from DLA Piper

  • The enforcement priorities set out in the Department of Justice’s (DOJ) Monaco Memo give General Counsels and Chief Compliance Officers a unique opportunity to educate key stakeholders on the value of greater investment in their compliance program. Here are three key takeaways from the guidance and four practical ways to align compliance programs to the recent DOJ guidance.
  • The OECD’s new report on Pillar 2, entitled, “Tax Incentives and the Global Minimum Corporate Tax,” provides insights into jurisdictions’ future use of tax incentives to continue to attract investments. The report – addressed to governments and tax authorities – sets out several recommendations as well as a number of tax policy considerations. Click here to read the key takeaways of the recent report.
  • On September 20, the Ukraine war passed its 183-day mark, triggering tax issues for displaced Ukrainians and their employees. This alert explores the issues and rules that employers need to consider with their dispersed workforce of Ukrainian refugees.
  • On October 11, the Department of Labor released its long-awaited rule defining the standard governing whether workers should be classified as employees or independent contractors. The proposed rule returns to a multi-factor economic realities test widely viewed as making it easier to classify workers as employees. Employers are encouraged to prepare for the imminent implementation of this new standard and, if necessary, re-evaluate the terms and scope of their independent contractor relationships to ensure that workers are properly classified.
  • On October 20, 2022, the US Department of the Treasury released the Committee on Foreign Investment in the United States (CFIUS) Enforcement and Penalty Guidelines to provide the public with information regarding how CFIUS will assess violations of the laws and regulations that govern transaction parties subject to CFIUS jurisdiction. Read the Guidelines that include information on the types of conduct that may constitute a violation, the sources of information on which CFIUS relies to investigate a potential violation, the penalty process and specific factors CFIUS considers in determining if a penalty is warranted. This will be part of a program we are hosting with the Israeli law firm of Gornitzky & Co., as more fully described in the “Coming soon” section.
  • Blockchains have experienced forks in the past, but the Ethereum Merge is unique because of the many applications built on top of it. The existing execution layer of Ethereum will transition from a proof-of-work protocol (POW) to a proof-of-stake protocol (POS), which is intended to improve the blockchain’s energy efficiency and increase its transaction throughput. Click here to learn about the implications of the Ethereum merge and potential hard forks.
  • Understanding how regulators view the use of data analytics in driving compliance and how data analytics can inform effective compliance programs is critical to ensuring that companies of any size can rise to meet the moment. Brian H. BenjetBrett FeldmanKatrina A. Hausfeld, Tamara Hilmi Sakijha and Ilan Sherr provide a brief overview on what data analytics is and how it can be used to enhance your compliance program.
  • In recent months, the SEC has made clear that its enforcement priorities include robust remedies. And now, a recent District of Massachusetts court decision interpreting the National Defense Authorization Act of 2021’s (NDAA) amendments to the Securities Exchange Act of 1934 (Exchange Act) – which, among other things, extended the SEC’s statute of limitations for disgorgement from five years to ten years in intentional fraud cases – may provide the SEC with further ammunition to collect significant monetary sanctions. Find out more about the implications of the NDAA’s amendments to the Exchange Act.
  • In addressing nation-state threats and risks to your business, policies, practices and training can be more important than surveillance and investigative programs. Recently, FBI Director Christopher Wray and Ken McCallum, Director General of the UK’s Security Service (popularly called MI5), issued a joint statement highlighting the growing state-sponsored threat to businesses, warning that even sophisticated businesspeople do not realize the severity of the threat. Read more here.
Giving back to the community

In September, we held two events to raise money for United Hatzalah of Israel, a national community-based volunteer emergency medical services (EMS) organization, where people of different religions and nationalities work side by side to serve the entirety of Israeli society.

 

  • On September 5, we hosted the first-ever DLA Piper United Hatzalah Charity Basketball Tournament at the country’s top sports venue – Menora Mivtachim Arena in Tel Aviv. Teams of lawyers from several top-tier Israeli law firms participated in a 3-on-3 basketball game that raised $36,000 to donate a lifesaving ambucycle to United Hatzalah of Israel. We want to congratulate Israeli firms Naschitz, Brandes, Amir & Co. for taking home first place, as well as Gornitzky & Co., who claimed second! Plans for another tournament are already in the works.

    Click here to see a recap of the event.

    DLA Piper basketball event DLA Piper basketball event

     
  • On September 21, we sponsored Comedy with Modi in Tel Aviv.
  • In October, we were once again proud to sponsor Comedy for Koby, a biannual comedy tour in support of The Koby Mandell Foundation. This year’s tour included special guest Elon Gold, who kept crowds laughing throughout his performances around the country.

DLA Piper Israel’s summer interns

We were privileged to host two interns this past summer: Shaina Zargari from TAMID Group and Yona Berzon from YUISIP.

TAMID offers experiential business learning along with an interactive classroom curriculum during a student’s college semester. The TAMID Fellowship is a competitive eight-week program that pairs college students from TAMID chapters all around the world with prestigious internships in Israel.

TAMID kicked off its summer Fellowship program with a DLA Piper-sponsored opening event that took place at the Tel Aviv Stock Exchange. The program began with opening remarks by the CEO of TAMID, Yoni Heilman, followed by a panel discussion with Jeremy Lustman, Partner and Head of the Israel practice at DLA Piper; Cecile Blilious, Head of Impact and Sustainability at Pitango VC; and Lauren Silvermintz, Customer Success Manager at Cymbio. The discussion focused on innovation, business and culture in the Israeli ecosystem.

The Yeshiva University Israel Summer Internship Program (YUISIP), hosted in partnership with MassChallenge-Israel, is an eight-week immersive experience for Yeshiva University students. YUSIP interns hold summer positions in all business areas, including startups, VCs and consulting firms, allowing them to develop their knowledge and experience beyond the academic year. The program includes weekly seminar days with lectures led by C-suite executives, venture capitalists and leaders in the tech community.

On July 26, we hosted a group of summer interns from YUISIP at our office in Tel Aviv. They heard from Jeremy Lustman, who spoke about his aliyah, or Israel immigration, journey; the firm’s relationship-driven approach; and DLA Piper Israel’s ability to connect the Israeli, US and broader international communities.

Recent events
  • On July 27, Jeremy Lustman joined Rachel Brandenburg (Associate Vice President of The Cohen Group), Reem Musabbeh (Co-Founder of Retech Solutions and member of the Dubai Youth Council) and Amb. Marc Sievers (Director of AJC Abu Dhabi) as part of a special dialogue with AJC Washington in anticipation of the second anniversary of the Abraham Accords. In the conversation moderated by Jason Isaacson (AJC’s Chief Policy and Political Affairs Officer), Jeremy discussed how the Abraham Accords have enabled both new business and interpersonal relationships between Israel and the broader Middle East and the expansion of technologies between markets.
  • On July 27, our team was honored to host Simon Levine (Global Co-CEO and Managing Partner of DLA Piper) for a private breakfast at the David Kempinski Hotel in Tel Aviv overlooking the Mediterranean Sea. We discussed various updates throughout the firm as well as the DLA Piper Israel Group’s recent activities and initiatives.
  • On August 2, from the DLA Piper Toronto office, Jeremy Lustman presented on the Israeli tech ecosystem and our Israel practice. This was followed by a lunch with colleagues overlooking downtown Toronto. To read Jeremy’s LinkedIn post about this event with a special surprise guest, click here.
  • In September, Jeremy Lustman participated in a three-day high-level mission to Bahrain, Dubai and Abu Dhabi coinciding with the second anniversary of the Abraham Accords. The mission was hosted by Chicago’s JUF and was co-led by the firm’s former Chairman and CEO, Lee Miller. met with Mohammed Toorani, Managing Partner of the firm’s office in Manama, before he joined the larger group. Together with the mission, Jeremy participated in meetings with various high-level ambassadors, government officials and business leaders in Bahrain, the UAE and Israel.
  • On September 5, we hosted a packed workshop at the Sheraton in Tel Aviv led by Andrew Dyson (Partner and Co-Chair of DLA Piper's Privacy, Data Protection and Security practice), who presented on key changes in the EU/UK regulatory environment impacting digital and data assets. He covered regulatory developments and trends such as data transfers, UK data reform, AI, insights on the new Data and Digital Service Acts and enforcement trends. Click here to see pictures from his visit.
  • On September 6, we co-hosted a roundtable discussion on emerging data privacy and AI regulation in the EU/UK with Israeli law firm Yigal Arnon – Tadmor Levy. Yoheved Novogroder-Shosan (Leading Partner at Yigal Arnon – Tadmor Levy) gave opening remarks, which were followed by a presentation by Andrew Dyson, who gave an overview of regulatory developments and trends such as data transfers, UK data reform and AI.
  • On September 19, we hosted an intimate law firm management dinner for several top Israeli firms, where Rick Chesley (Managing Partner of the Americas and Co-US Managing Partner at DLA Piper) gave a presentation on macroeconomic challenges in the legal market. Over Rick’s two-day trip to Israel, he visited some key clients and Israeli law firms, participated in a marquee annual high-tech conference and met with the US Ambassador to Israel, Thomas NidesRead the exclusive interview in the Jerusalem Post where Rick discusses the evolution of the legal landscape during the 2020 pandemic and its aftermath.
  • On November 8, 2022, we co-hosted a Labor and Global Employment Forum with Israel law firm Herzog and the Israel branch of the ACC. The event included discussions focused on termination issues, remote work, new regional labor- and employment-related rules implemented in response to the pandemic and employment trends around the world. We were privileged to have 11 of our employment colleagues from across DLA Piper participate on the panels: Vinita Arora (Partner, UK), Dr. Kai Bodenstedt (Partner, Germany), Hélène Bogaard (Partner, Netherlands), Johnny Choi (Partner, China),Jan Colhoun (Senior Associate, UK), Jasper de Bok (Senior Associate, Netherlands),Nils Grunicke (Counsel, Germany), Pilar Menor (Global Co-Chair of Employment, Spain), Pasquale Siciliani (Legal Director, Italy), Iain Skinner (Partner, UAE) and Daniel Turinsky (Partner, USA).
  • On November 15, DLA Piper, Gornitzky GNY and the Israeli Institute of Commercial Arbitration (IICA) co-hosted the Abraham Accords and Alternative Dispute Resolution Opportunities in the MENA Region event in Dubai. The first session was a roundtable on the topic of "The Abraham Accords Progress Report and Institutional Perspectives," and the second session was on "The Abraham Accords: International Counsel Perspectives." The event took place in honor of the two-year anniversary of the signing of the Abraham Accords.
  • On November 17, we had the honor of co-sponsoring the annual Global Investment Forum hosted by the Jerusalem Post and its media partners, Global Media Holdings in Morocco and the Khaleej Times in the UAE. The Forum welcomed senior ministers, investors and entrepreneurs from across the Middle East and the world, with the goal of forging new business connections between countries. Topics discussed included agriculture and water technology, aerospace and tourism, telecom and digital innovation, renewable energy, and security and defense technologies. Our Managing Partner, Naomi Maryles, joined DLA Piper Morocco's Country Managing Partner, Christophe Bachelet, in Marrakech for the event. Christophe participated in a panel discussion that addressed questions companies had about opening and conducting business in Morocco.

Coming soon

We are thrilled to be planning several in-person events. Stay tuned for updates on the following:

  • Private chef dinner with Chef Nir Zook in honor of the US Thanksgiving holiday: November 29
  • Sanctions and export controls-focused event with Israeli law firm Gornitzky and the Israeli Export Institute, with Nick KleinChloe Barker and Nate Bolin: November 30
  • Produce packing at Leket Israel: December 6
  • Private chef dinner with Chef Zissie in honor of the Jewish holiday of Chanukah: December 14

Recent press

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