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8 November 2023 • 21 minute read

Israel Group News - November 2023

To our dear clients, colleagues, and friends: We hope that you and your loved ones are safe. We share in the feelings of absolute shock and horror at what we have seen and continue to experience, and we send our deepest condolences to those who are going through the unimaginable. We continuously pray for the safety of Israel’s troops and security forces, all of whom are undoubtedly no more than one degree of separation from all of us. May we all find the strength and resilience to navigate the days and weeks ahead. 

Individually and as a group, we at DLA Piper Israel Group have been volunteering as much as possible around the country to provide support to our soldiers, help families who have been displaced from the south and north of the country, replace manpower at social service organizations, and more. We are always looking for more opportunities to contribute, so please be in touch if you know of efforts that need additional volunteers. 

Although it is clearly not business as usual, we wanted to share with you the November 2023 issue of our global newsletter, Israel Group News, which was near complete before the terrible day of October 7. For 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 view our promotional video, click here. To access our 2022 Year in Review, click here. Also, please take a look at our latest Rosh Hashana/Jewish New Year video, which includes greetings and well wishes from wonderful DLA Piper colleagues at local landmarks around the world. During these terrible times, we take additional comfort in their friendship and support. 

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. Our thoughts and prayers are with all of you. We hope for better days ahead. 


Breaking legal insights from DLA Piper

  • The UAE has introduced Corporate Income Tax (CIT) for financial years starting on or after June 1, 2023. The UAE Ministry of Finance has released a series of Cabinet and Ministerial Decisions, providing a clearer understanding of the intricacies of the new CIT regime. Click here for information that may be helpful for Israel companies that conduct, or are looking to conduct, business in the UAE.

  • The EU will soon fully enact two major pieces of legislation that require corporate reporting on human rights and environmental impacts: the Corporate Sustainability Reporting Directive and the Corporate Sustainability Due Diligence Directive. Both directives establish a duty of corporate due diligence for companies to prevent adverse human rights and environmental impacts in the company’s own operations and across their value chains. Learn more about how this can impact your business, whether you are Israel-based, US-based, or otherwise.

  • Russian trade sanctions circumvention is building. Recently, trade sanctions authorities in the UK, Australia, Canada, New Zealand, and the US – calling themselves the Export Enforcement Five (EEF) – published their first-ever joint guidance for industry and academia. The guidance lists items of potential military use currently at highest risk for diversion to Russia, which includes not only items of more obvious potential military application but also digital cameras and ball bearings. The guidance urges exporters to conduct both customer and transaction due diligence whenever these products are involved, and lists “select” red flags of possible trade sanctions evasion. Read more here.

  • Employers around the world have long relied on non-compete provisions in employment agreements to protect their investments in IP, talent, and customer relationships. Local laws vary widely, however, making it critical for employers to remain cautious when assessing and implementing non-competes for their global workforce. Our handbook identifies key considerations for global employers, requirements in select jurisdictions around the world, and potential steps companies can take to ensure compliance with diverse constraints while protecting their business.

  • Addressing an increasingly important issue in drug promotion, the US Food and Drug Administration (FDA) has finalized guidance on how efficacy and risk data may be presented in direct-to-consumer advertising. See our key takeaways here.

  • The Securities and Exchange Commission (SEC) recently adopted its much-anticipated enhanced disclosure requirements regarding cybersecurity risks and incidents for all public companies including foreign private issuers. Learn about the latest reporting requirements and how to evaluate your company’s risk here.

DLA Piper launches new multidisciplinary Space Exploration and Innovation practice

DLA Piper recently announced the creation of the Space Exploration and Innovation practice, a multidisciplinary team of attorneys advising companies and investors on challenges and opportunities in the projected $1 trillion dollar space industry.

A deep bench of lawyers and technical subject matter leaders will build on the firm’s existing capabilities to guide clients on industry-related issues, from securing funding and navigating regulatory hurdles to protecting critical intellectual property and overcoming complex disputes. The group has extensive government and private sector experience in the areas of telecommunications, national security and defense, regulatory agencies, government affairs, and government contracts. Read more here. 


Global activities

We are proud to report that, in the third quarter of 2023, we commenced projects for over 70 Israeli companies in the following 47 jurisdictions: Argentina, Australia, Belgium, Bermuda, Brazil, Bulgaria, Canada, Chile, China, Croatia, Cyprus, Czech Republic, the EU, Finland, France, Germany, Greece, Guatemala, Hong Kong, Hungary, India, Indonesia, Ireland, Italy, Japan, Luxembourg, Mauritius, Mexico, Morocco, Netherlands, Oman, Panama, Poland, Portugal, Romania, Singapore, Slovakia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, Ukraine, the UAE, the UK, and the US.

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

  • Commercial issues in Argentina, Belgium, Brazil, Canada, China, Croatia, Cyprus, Czech Republic, the EU, France, Germany, Hong Kong, Hungary, Mexico, Netherlands, Poland, Romania, Singapore, Slovakia, South Africa, Spain, the UK, and the US

  • Corporate and securities issues in Brazil, Canada, Germany, Luxembourg, Mexico, Morocco, Poland, Singapore, South Africa, Spain, Thailand, the UAE, the UK, and the US

  • Employment and employee benefits guidance in Argentina, Australia, Bulgaria, Canada, China, Cyprus, Czech Republic, Finland, France, Germany, Greece, Ireland, Italy, Mexico, Netherlands, Poland, Portugal, Romania, Singapore, Slovakia, Spain, Sweden, Taiwan, Thailand, the UAE, the UK, and the US

  • Government investigation work (and related restructuring guidance) in Bermuda, Hong Kong, Israel, the UK, and the US

  • Litigation and dispute guidance in the UK and the US

  • M&A and investment guidance in Brazil, Germany, Italy, Luxembourg, Mauritius, Poland, South Africa, Switzerland, the UK, and the US

  • Patent, trademark, and copyright guidance in the EU 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 Australia, China, the EU, France, Germany, the UK, and the US

  • Real estate guidance in France, the UK, and the US

  • Regulatory issues in Argentina, Australia, Belgium, Brazil, Canada, Chile, China, Czech Republic, the EU, France, Germany, Guatemala, Hong Kong, Hungary, India, Indonesia, Italy, Japan, Mexico, Oman, Panama, Poland, Romania, Singapore, South Africa, Taiwan, Ukraine, the UAE, the UK, and the US

  • Tax guidance in Portugal and the US

Colleagues in the spotlight

Clancy King 
Employment Partner
Sydney

Please tell us about your area of practice.

I work closely with clients on a range of employment issues, from hiring and onboarding through to exits (contentious and non-contentious). I particularly focus on helping international clients expand into Australia and advising on sensitive conduct issues such as bullying and harassment.  
 
What piece of advice would you give Israeli companies looking to expand their global reach in Australia?

It really pays to spend some time, in the early stages of expansion, to ensure your employment processes (for example, contracts and time tracking) are thought through and organized. Australian employment law has some complexity around our working time, classification, and overtime regulations that, if not addressed, can create significant liability. Taking the time to embed this in the early stages will manage liability and make expansion a much smoother process.  
 
Which Israeli cuisine would you be most interested in trying?  

Shakshuka! There is a wonderful Israeli café close to my home that I love to visit on the weekend, and I can never go past their shakshuka. I would love to try it in Israel to compare it to what I eat in Sydney (just don’t tell the lovely staff at Shenkin!). 
 
If you could go back to school to study for a degree that is not law-related, what would it be? 

A degree in history would be at the top of my list. I find history fascinating, and I read a lot of historical books, but the chance to really study in depth would be amazing. I love then traveling to the places I’ve read about – another reason I would love to visit Israel!


Noam Goodman
Partner
Toronto

Please tell us about your area of practice. 
               
My practice focuses on corporate law, mergers and acquisitions, licensing, financings, and complex corporate reorganizations. In more recent years, my practice has focused on the technology and life sciences industries. I have assisted domestic and multinational pharmaceutical and medical device clients in acquisitions, licensing, and supply chain transactions in Canada and abroad. I have also worked with many foreign clients, including many Israeli companies establishing operations in Canada either through expansion or acquisition.

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

Canada might seem like a very simple market to enter, but, due to our geographic scope and federal/provincial divide, there are unfamiliar regulations to contend with. In addition, Canadian tax laws, including our varied treatment of the Goods and Services Tax (VAT), makes Canada a bit more challenging to do business in as opposed to Israel, which has one unified government for the entire country.  Of course, for Israeli companies wanting to expand into the Quebec market, there are also French language laws and an entirely separate legal system to deal with. Even some of the most successful international brands have underestimated the challenges of expanding to Canada. 

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

I have always been a history buff, and Jewish/Israeli history is a favorite subject of mine. I have read a lot about the Yishuv/pre-Independence time period and the fight for the establishment of the State of Israel. I would be interested in studying for a degree in Jewish History and concentrate on 20th-century Jewish history from the age of Theodor Herzl to May 1948.   
 
What is the last book you read, and would you recommend it (and why or why not)? 

I would recommend my teacher Rabbi Haim Sabato’s award-winning novel Adjusting Sites which I just read (slowly) in the original Hebrew (Teumei Kavanot). The book describes Rabbi Sabato’s experiences during the Yom Kippur War, the 50th anniversary of which we commemorated in September. Sabato has to come to terms with the war, losing his close friend, and understanding the world. The book brings us inside the deepest thoughts, fears, and feelings of the young student turned soldier. 


DLA Piper Israel Group updates

This summer, we were privileged to host two interns: Eliza Mann from TAMID Group and Miriam Edery from the Yeshiva University Israel Summer Internship Program (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 around the world with prestigious internships in Israel.

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. 

During their internships with us, Eliza and Miriam contributed their talents to various marketing and business development initiatives. Some of the highlights of the summer include the following: 

  • On July 12, we took Eliza and Miriam to meet with Mimi Strahl, our PR advisor at OH! Orenstein Hoshen PR & Strategy (אורנשטיין חושן). Mimi introduced them to the world of public relations, sharing valuable insights about Israeli media. The topics of conversation during the meeting included the Israeli media landscape and the role media plays in shaping public opinion and facilitating informed discussions.

  • On July 16, we hosted the YUISIP Cohort along with Israeli law firm Arnon, Tadmor-Levy.  Naomi Maryles and Simon Weintraub (Partner, Arnon, Tadmor-Levy) shared their stories of making Aliyah (moving to Israel) and building successful professional and personal lives in Israel. 

  • In honor of National Intern Day on July 27, our interns shared the number one lesson they learned while working at DLA Piper this summer in a tongue-in-cheek TikTok video.

  • On July 23, we co-sponsored a Wine Tasting Event at lool ventures, an Israeli seed fund, for parents of TAMID Group Fellowship interns.

Over the course of the summer, Jeremy Lustman had the privilege to meet with various colleagues from Amsterdam, Israel, and New York in person. The meetings provided an opportunity to learn together, brainstorm on how to continue to serve our clients, and advance important relationships. 

On August 31, Jeremy Lustman and Naomi Maryles met with Chargé d’Affaires a.i. Stephanie Hallett at the US Embassy offices in Tel Aviv for a thought-provoking discussion on current US-Israel relations and larger geopolitical issues.

On September 10, during our last team meeting of the Jewish calendar year, we took some time to acknowledge and appreciate the hard work and team effort from throughout the year.


Professional events

We were proud to once again co-sponsor and participate in the US Embassy’s Independence Day celebrations, which took place at the Israel Museum in Jerusalem on July 3. As most of our staff are American expatriates, we are especially appreciative of the strong friendship between Israel and the US.  

On August 2, we co-sponsored the FemForward MENA gala closing event that welcomed to Jerusalem the first cohort of Israeli and Moroccan women participating in the program. FemForward MENA aims to advance women in high tech in the Middle East and North Africa to management positions. Naomi Maryles spoke to participants about how careers can take many turns, but negotiation and management skills are critical no matter how far up the management ladder they eventually climb.

From September 11 to 12, Jeremy Lustman and Naomi Maryles attended DLA Piper’s The Great Transformation: A Global Employer Conference for international HR leads and in-house employment counsel at England’s historic Pembroke College, University of Oxford. The conference allowed clients from around the world to meet peers from other businesses, as well as DLA Piper employment lawyers from over 25 countries, to network, reflect, and explore current and future key HR legal issues. The impact of AI and other disruptive technology on businesses was a major topic of the conference, which included sessions on pay equity, whistleblowing, navigating the global legal landscape, reductions in force, and more. 

On September 12, we hosted a conference in DLA Piper’s New York office showcasing Israeli startups with digital innovation for Women’s Health. Eight Israeli startups participated in the conference, which was part of a roadshow in the Boston and New York areas. The conference aimed to introduce companies to dedicated players in the local ecosystems who support the development and deployment of health innovation. The conference was organized in collaboration with the Israel Economic Mission to the Eastern US, the Israel Export Institute, and the New York-Israel Chamber of Commerce. Many thanks to our DLA Piper NYC colleague Bethany Hills Grois for spearheading the event and providing welcoming remarks.

On September 19, we co-sponsored the American State Office Association’s (AOSA) US-Israel Business Summit 2023 in Tel Aviv, organized by the California Israel Chamber of Commerce. Titled “Go-to-Market USA: Smart ways to grow your business,” the summit presented critical information for Israeli entrepreneurs on how to start and sustain a successful business in the US. Jeremy Lustman spoke on a panel with Chezi Yehezkeli, Partner at Israeli law firm Shibolet & Co., and moderated by David Yaari, Chairman at A.B. Yaari Holdings Ltd., on the topic of legal and regulatory considerations and insights for US operations.


Upcoming professional events

  • Gateways to Growth Israel Tech in New York: Q4

  • Breakfast featuring Greg Zuckerman, special writer at The Wall Street Journal: Q4

  • Labor & Employment Global Law Forum, co-hosted with Herzog: Q4

  • US Thanksgiving Dinner for clients: Q4

  • General Counsel Retreat: Q1 ‘24

Giving back to the community

Corporate social responsibility is one of the guiding principles of the DLA Piper Israel practice, and we have enjoyed engaging in the following sponsorships and community activities:

  • Ahead of Rosh Hashana, the Jewish New Year, we donated to Meir Panim’s Holiday Food Packages initiative in honor of our clients. Meir Panim is an organization that addresses food insecurity in Israel. The organization distributed packages filled with traditional holiday foods to thousands of families in need, enabling disadvantaged Israelis to fully enjoy holiday festivities and feel like active members of society. 

  • On September 19, we hosted the second DLA Piper Charity Basketball Tournament in support of United Hatzalah of Israel. Ten Israeli law firms participated in the Tournament, which raised NIS 150K to purchase an inter-city ambucycle -- a motorcycle equipped with the same EMS equipment found in an ambulance -- to be used by United Hatzalah volunteers to save lives across Israel, as well as to help support United Hatzalah’s efforts in Morocco following a devastating earthquake. The ten law firms were: Arnon, Tadmor-Levy; Barnea & Co.; Fischer (FBC); Furth, Wilensky, Mizrachi, Knaani (FWMK) Law Offices; Goldfarb Gross Seligman; Gornitzky GNY & Co.; H-F & Co.; Naschitz, Brandes Amir Co.; Shibolet; and S. Horowitz. Gornitzky & Co. won the Tournament, with S. Horowitz taking second place. The evening was full of healthy competition and fun!  

  • We were honored to have United Hatzalah Founder and President Eli Beer present the ambucycle, dedicated by the ten firms and DLA Piper, at the end of the Tournament and share the impact of United Hatzalah across Israel (including the number of volunteers and lives saved). We were thrilled that a number of members of Hatzalah’s leadership team were able to join us as well.

  • In addition to raising money for United Hatzalah through the Tournament, we also donated to Hoops for Kids, an international nonprofit organization directed in Israel by Israeli-American basketball player and entrepreneur Tamir Goodman, which uses basketball as a way to reach kids at risk across Israel. During the VIP Reception following the Tournament, Tamir shared inspirational words about the life-changing potential of basketball. A special thank you to Ira Stern, Hoops for Kids Operations Manager, who was instrumental in putting together the Tournament and acted as Floor Manager during the event. 

  • Finally, in honor of, and in appreciation for, the ten law firms that participated in the Tournament, we have committed to donating $10 every day ($1 per firm per day) for an entire year to Daily Giving. This amazing organization enables individuals and companies to easily give daily charity, which then gets dispersed daily to Jewish nonprofit organizations across the world…including to United Hatzalah. With this gift, we are thrilled to honor our Israeli legal colleagues and, along with 15,000 other Daily Givers, support close to 80 vital nonprofits serving the global Jewish community.


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