Winter 2020

• Legal • edition • TABLE OF CONTENTS •

3 Guy Sagiv: A-Hole-in-One: holistic approach to 19 Shira Shine: Asset protection and estate planning Estate Planning | Alan Rosenbaum | Neria Barr 20 ‘New law’: The gift of choice 4 Ruth Dayan: A woman with a plan of action | Adv. Jackie Donner | Neria Barr 21 Combating ransomware 5 Killer acquisitions and exit strategies | Adv. Vered Zlaikha | Adv. Talia Solomon and Adv. Iris Achmon 22 Eymi Bechor-Bouni: ‘My profession is 6 Challenges as a returning resident or in my mission’ making aliya | Neria Barr | Tsvi Kan Tor 23 Implications of EU regulations for family law 7 Mergers and acquisitions in the age of COVID-19 in Israel | Lidar Gravé-Lazi | Adv. Liane Kehat 8 Licht Petran & Co: Professional service around 24 Creating a trust for future generations the clock with special expertise in international | Tali Yaron-Eldar and Amit Gottlieb disputes 25 Bekerman Efrati - Feuerstein Tayar,: On the front | Neria Barr lines of family law 9 Sharon and Robert Licht Petran: Advocating far | Alan Rosenbaum and wide 26 Portuguese citizenship for descendants of | By Neria Barr Sephardic Jews all over the world 10 The future of the legal market is already here | Michael Decker | Maya Ashkenazi 27 Iris Yardeni: Planning for your future 11 Insurance claims with proven successes | Lidar Gravé-Lazi | Yanir Harel & Co. 28 Amit Ben Yehoshua: The Chinese connection 12 Rolling out the welcome mat for foreign investors | Jason Blackshaw | Lidar Gravé-Lazi 29 Haim and Yair Givati: How an 8th generation Israeli 13 Ran Raichman: Serving the interests of his clients family law firm found a niche in the Anglo Saxon | Alan Rosenbaum purchasing market 14 Yifat Ben Avi-Brown: Assisting clients in Ashdod | Alan Rosenbaum and throughout 30 Rubin Law: The veteran boutique law firm | Alan Rosenbaum | Jason Blackshaw 15 Moran Samun: Managing the crisis 31 Michal Mozes: Striving to play fair | Lidar Gravé-Lazi | Lidar Gravé-Lazi 16 Adi Chen: Preparing for life’s difficult moments 32 Michael Sacofsky: Legal service with a smile | Alan Rosenbaum | David Palmer 17 Isaac Molho: Multifaceted experience 33 Rachlin- Olman: Real estate: Healthy amid an and expertise ailing economy | Alan Rosenbaum | Henry Watson 18 Global representation and reputation 34 The revolution is here to stay | Michael Shine & Partners | Adv. Yonatan Adomi

Legal edition • 2 • Winter 2020 A-Hole-in-One: holistic approach

Adv. Guy Sagiv to Estate Partner, Co-Head of the Family Wealth Management Group at the Yigal Arnon Planning | By Neria Barr & Co. Law Firm

uy Sagiv co-heads the Family Wealth in what is already a sensitive and stressful Why is it not sufficient to draft a will? Management Group at the Yigal Arnon situation. Matters become even more “Drafting a will without a complete & Co. law firm and has been advising complex when clients have property planning envelope is no longer an G high net families and individuals on their abroad, multi-national citizenship, foreign effective instrument for intergenerational estate planning for more than a decade. clients who own property in Israel, family transfer for several reasons,” says Sagiv. Guy believes that the coronavirus is a members and descendants living abroad, “Due to the steady increase in life wake-up call for every person who has new immigrants or returning residents expectancy, offspring may receive their been procrastinating with dealing with etc. inheritance at an older age and they may their estate planning. This is the reason why our Family not have the qualifications to do anything Wealth Management group is regarded as significant with their inheritance.. Don’t you find it awkward to conduct a “specialty task force” comprised of our Complex wills are characterized by meetings over Zoom or Skype on such top legal experts from the firm’s various complicated and often vague wording. sensitive and complex matters? departments– Family, estate and trusts, As a result, such wills invite objections “Admittedly, I did think this will be an tax, real estate, corporate, High-Tech, IP and disputes among the heirs and often issue, but then I realized that the lack etc. In addition, we have created a network the validity of the will itself. “Moreover, of boundaries actually creates a more of top experts from main jurisdictions in inheritance disputes are characterized friendly and informal environment for the world in order to provide our clients a by inherent difficulty, such as the testator clients, making such meetings much “one-stop-shop” for all their legal needs dies and cannot be asked what his/ more effective by creating intimacy which with regards to their estate planning, her wishes are. In such situations, the is very hard to achieve at our offices the whereby all the information is integrated court is forced to learn about the intent 47th floor in Azrieli Towers in Tel Aviv.” into a holistic unified planning. of the testator from external evidence, especially testimonies of the testator’s I understand the you have recently And how does it work? family members. In fact, the court adopted a new holistic approach. Why? “Together with the client, we plan “rewrites” the will based on the version “I believe that our decision to adopt the how the Estate will be managed and of an interested party who did a better holistic and cumulative approach used in divided starting as of the present and job in court, which does not necessarily England and the US in the area of family in anticipation for three additional life reflect the intentions of the testator.” wealth management and private clients stages: “We encounter more and more cases has proven itself during the years and (1) Present: When the client is active where people die at an advanced age, more so during the recent pandemic. and competent and can make decisions after a relatively long time of being regarding his property on an ongoing medically un-fit to make decisions. So what is exactly a “holistic and basis Therefore, the decision to divide the cumulative approach” to wealth (2) Retirement: When the client wants property may ignore the possibility that management? to step back from active management of the property will be held by a proxy for In Israel a client seeking legal advice his business and property and enjoy the many years, often yielding inaction. For further associated with wealth management is fruits of his labor Fortunately, three years ago there often required to deal with lawyers from (3) Incompetence: If the client becomes was a massive reform of the legal information about different specialty groups and, at times, incompetent, mechanisms must be qualification laws. Today, the continuous Yigal Arnon & Co. different firms, and integrate the advice established regarding the manner of power of attorney allows clients to Law Firm: independently. The lawyer who made managing the property plan this stage of their lives. They may a will for a client, for instance, is often (4) After death: After the death of the determine the identity of their proxy, the Tel: +972 2 623-9239 not aware that there is a foreign trust of client and the division of property. areas and limits of the proxy’s authority, which the client is a beneficiary, and the “We build a business/family plan for the and the date or circumstances under Fax: +972 2 623-9233 client’s tax advisor may not know what is client taking into account the above step, which the continuous power of attorney written in the will, because in Israel there based on the concept that clients must will take effect. And most importantly, [email protected] is no inheritance tax. This may create know the plan for the next step and what drafting a continuous power of attorney www.arnon.co.il legal oversights and potential point of they have done in the previous step, so reduces the involvement of the state exposure such as tax liabilities in Israel or they will know how to act in that specific (through the Custodian General) and photo credit: Yoram Reshef abroad, which lead to increased struggles point in time, explains Sagiv. the courts. •

Legal edition • 3 • Winter 2020 A woman with a plan Adv. Ruth Dayan Wolfner Founder of the law firm Ruth Dayan Specializes in Famliy law of action | By Neria Barr

uth Dayan, an expert in family law, has understanding of the complex aspects order to obtain what is most important. been practicing her trade for 23 years. of family law, and her personal and Judicial attention is limited; therefore, Her company, Ruth Dayan Law Firm, has intelligent treatment of her clients. it is impossible to deal with all issues R been ranked as top in the field for 14 The positive results are reflected in her at the same level of importance. If you years by Dun & Bradstreet and BDI. The achieving her clients’ goals. Dayan says decide what to engage in, you control firm, which Dayan established in 1998, that the ability to identify the strengths and direct judicial attention. Sometimes is constantly growing and developing and weaknesses of each case and there is no choice but to sacrifice thanks to her high-level staff and the knowing from the first session how it something, to ignore an argument in methodology that she developed. will develop, along with the ability to order to succeed in battle. The Ruth Dayan Law Firm, distinguish between the important The next thing is to decide before the largest family law firm in and less important, help her chart her which court we want to appear -- a Israel, employs 11 lawyers, course. rabbinical court or a family court. The as well as interns and legal The dynamic Dayan is an enthusiast common belief is that the rabbinical secretaries. A total of 17 of extreme sports, She runs marathons, court is good for men and the family employees, all of them enjoys diving, and has climbed Mount court is good for women. But that is a women. Kilimanjaro. She says that in court, misconception. It all depends on the Dayan, who lives in Tel her skills in extreme sports come in case and its details. Sometimes the Aviv, has an LL.B degree in extremely handy. “I come very prepared, situation is the opposite. Lawyers who law from Tel Aviv University and then I exercise my instincts. I react have experience will know which court and a degree with honors quickly, think a few steps ahead, and I to go to in their client’s case. in criminology from Bar- don’t give up,” she asserts. OPERATION: This is the next step, our Ilan University. After being The law firm handles family and working method. We have a detailed certified as a member of inheritance law issues. “We handle questionnaire through which we learn a the bar, she took a number very large cases, and our conduct is great deal about the client. We research of certificate courses in premium. This means that the client everything and gather information from Israel and New York in the receives close personal treatment many sources. We check previous fields of family law and joint from a team consisting of at least two procedures, search social media mediation. lawyers and other staff members, and wherever possible, and then prepare In 2003, Dayan published we are available for our clients 24/7,” a detailed schedule. After we have the Hebrew-language book Dayan explains. gathered all the information and decided The Israeli Guide to Divorce, Each case has an orderly strategic and on a strategy, we proceed to prepare the which serves as a guide for legal preparation. “We work according to statement of claim. thousands of divorcees. In 2019 her a method I call SOT, which stands for We prepare a base for case second Hebrew book, Karma Is a Bitch: A strategy, operation, and team,” she says. management and, of course, prepare Divorce Attorney’s Journal, was released. Here is how Dayan describes her plan well for any discussion. There is no way For further Published in English as The Karma Effect, of action: we will go to a discussion unprepared. information about the book is a bestseller on Amazon. STRATEGY: We must first define TEAM: Our team is very carefully Ruth Dayan Dayan says that in the past year, what our goals are. If no goals are set, selected. All our employees are perhaps due to the coronavirus, there someone else will lead the process and committed and thorough. All our Law Firm: has been a large increase in divorce not us. Defining goals allows us to see employees must have a high level of Tel: +972 3 670-8888 petitions and issues related to family the big picture – i.e., everything that emotional intelligence, otherwise they relationships. She has a weekly blog, is involved in the case. There are so will not remain part of the team. We meet Mobile: +972 52-8986498 where she writes about her experiences many elements in these portfolios. In a people at the most difficult moments of as a lawyer. The popular blog averages divorce case, there are usually children, their lives, so we must be sensitive and [email protected] 45,000 to 50,000 hits a month. alimony, common property. There are empathetic. In fact, 80% of our clientele As an attorney and notary, Dayan many issues, and we must prioritize come from recommendations. The is known for her uncompromising correctly. That sometimes means response we get from clients is nothing photo credit: Inbar Marmari professionalism, her comprehensive sacrificing some of what we want in short of amazing. •

Legal edition • 4 • Winter 2020 LAW FIRM Line of Business: Law Firm Herzog Fox & Neeman PROFILE Law Office

Address: Asia House, 4 Weizmann Fax: +972 3 696-6464 St., Tel Aviv 6423904 Email: [email protected] Tel: +972 3 692-2020 Website: www.herzoglaw.co.il

Adv. Talya Solomon Adv. Iris Achmon Partner and head of the Partner, competition competition and antitrust team, and antitrust team at Herzog Fox & Neeman at Herzog Fox & Neeman

Killer acquisitions and

exit strategies | By Talya Solomon and Iris Achmon

his week, it was reported that the US challenging these transactions in considering the attributes of digital Federal Trade Commission and some court as harmful to competition. The markets). The matrix is based on of the American states are preparing latter course is not available in some the specific combination of product T antitrust charges against Facebook countries. In Israel, for example, mergers characteristics and the acquisition over the acquisitions of WhatsApp and below the thresholds are per se legal and motive: acqui-hiring (acquiring the Instagram. This is part of a trend marked cannot be challenged. In the US, they company to hire the team), obtaining by a tougher approach by American can be challenged, even ex post, hence novel technology, and accessing authorities towards big-tech companies. the above-mentioned Facebook cases. the acquired company’s data and It is commonly assumed that this trend In June 2020, the OECD held a virtual information. For example, acquisitions will be intensified with the election of round table on killer acquisitions. by large platforms aimed at obtaining Joe Biden as the next president of the Following a market study on the subject, consumer data and information will United States. the Israeli Competition Authority (ICA) usually raise concerns. But such For further information The expected charges involve what submitted a note to the round table, acquisitions will be classified as “green” about Herzog Fox & the industry terms “killer acquisitions.” sharing the interim results of its research. when the acquired start-up’s product Neeman Law Firm: A large company identifies a potential The ICA suggests an interesting matrix was designed to operate exclusively on competitor, still in its early stages, and to quickly and efficiently classify the acquiring platform. Tel: +972 3 692-5960 acquires it at that point, when the activity mergers, taking into account not only As mentioned, the ICA is not the of the potential competitor is small the importance of an accurate review only authority currently looking into [email protected] and well below the merger reporting but also the vital need to approve the killer acquisitions. We believe that in [email protected] thresholds for most countries. benign transactions quickly and without the future, Israeli start-ups will have Competition authorities have bureaucratic delay. to pay more attention to antitrust www.herzoglaw.co.il two strategies of combating killer The ICA’s suggested matrix classifies considerations when designing their acquisitions: changing the merger control mergers as “green” (the same treatment exit strategy and timing, especially if the reporting thresholds and reviewing as brick and mortar transactions) or start-up’s aim is to be sold to one of the photos credit: Idan Gross them in advance; or retrospectively “yellow” (warranting special attention Internet giants. •

Legal edition • 5 • Winter 2020 Challenges as a Returning Resident

Adv. Tsvi Kan-Tor or in making Aliya Founder of the law firm Kan-Tor & Acco Leading expert in Israeli immigration and global migration to Israel | By TSVI KAN TOR

srael is the State of the Jewish people. approach and allows the spouses of The father will be requested to provide According to the Law of Return, any Israeli citizens to stay in Israel with their proof of parentage by taking a DNA test person entitled to return can immigrate spouses, first as temporary residents to register the child as an Israeli citizen I to Israel, immediately receive Israeli and then as citizens. This “step by in the Ministry of the Interior. citizenship, and enjoy a generous step” process allows the acquisition of basket of rights and benefits such as the residency and citizenship for the Israeli Immigrants right to work, the right to obtain health citizen’s spouse in stages and includes and Military Service insurance, etc. Any Israeli citizen who civil marriage and same-sex marriage. returns to Israel after an extended stay According to Adv. Kan-Tor, these The issue of IDF service arises when abroad can start working upon arrival are relatively complex and lengthy children emigrate from Israel with their without any difficulties. procedures that can take several years. parents and wish to return to Israel. However, in some cases, due to the It is recommended to receive guidance There is a different set of requirements burdens of bureaucracy, it is better for from an experienced professional who, for children who were born in Israel and certain Olim or returning citizens to seek in many cases, facilitates the process, left Israel with their parents and for legal assistance. The good news is that prevents errors and mistakes, and those who were born abroad. most problems have solutions. Adv. Tsvi thereby shortens the process. Although every Israeli citizen must Kan-Tor, founder of the law firm Kan-Tor In these procedures, the applicant serve in the IDF, there are many & Acco, is a leading expert in Israeli requires legal advice regarding the best exemptions regarding children who immigration and global migration and application for their specific case, as grew up abroad or were born abroad. provides the following scenarios: well as guidance about issues such It is highly recommended for Israeli as eligibility, required documents, citizens over the age of 16 and a half Pre-Aliya Options scheduling and attending interviews, who grew up abroad to determine their and assistance in resolving cultural and status regarding military service before This is a case in which an individual language barriers with the Ministry of they arrive in Israel. who is entitled to make Aliyah wants Israeli law requires every Israeli citizen to work in Israel for a certain period Interior and other Israeli authorities. to verify their military status at the to determine whether they wish to This also applies to many other types age of 16 and a half. This verification immigrate to Israel. of cases such as civil marriage, adopted determines the citizen’s obligation The solution is to apply for an A-1 visa, children, cohabitation, etc. to serve in the IDF or the possible which allows for temporary residence entitlement for release or deferment of in Israel and is granted only to those Determining Parentage and service. An Israeli citizen who left Israel entitled to make Aliyah under the Law of Citizenship of a Child, emphasis with their parents before the age of 16, Return. This visa allows the holder to live on an Israeli citizen born in Israel or was born abroad to Israeli parents, and work in Israel before making a final decision regarding immigration to Israel. According to Israeli law, any child of is entitled under certain conditions to For further Holders of an A-1 visa will receive an an Israeli citizen is considered an Israeli defer military service, as long as they information about identity card (in a different color) that citizen from birth. Therefore, when the are living abroad with their parents. It mother is an Israeli citizen, the child will is important to remember that every Kan-Tor & Acco includes an ID number. The holder of an A-1 visa is not a citizen of Israel, and also be recognized as an Israeli citizen, Israeli citizen over the age of 16 and a Law Firm: therefore will not be issued an Israeli subject to proof of paternity of the half must show a certificate regarding child. Most often, proof is provided by military status upon entering Israel. Tel: +972 3 613-8202 passport. The visa is usually valid for three years and can be extended for an an official birth certificate. According to Adv. Kan-Tor, in most [email protected] additional two years. If the father is an Israeli citizen and cases, the military authorities in Israel the couple is not married, or do not live use common sense and exercise www.ktalegal.com “Step by Step” procedure - together, then according to Adv. Kan-Tor, discretion as long as the application is the father will be required by the Ministry made as early as possible. The longer Spouse of an Israeli citizen of the Interior to file a paternity claim in the application is delayed, the more photo credit: TSVI KAN TOR Israel takes an accommodating the Family Court to confirm parentage. complicated it usually becomes. •

Legal edition • 6 • Winter 2020 Mergers and acquisitions in the age of COVID-19 | By Lidar Gravé-Lazi

espite the coronavirus pandemic, there world in general and Israel in particular. transactions in 2020. Toledano says has still been an interest from foreign “We were anticipating another strong there are two types of transactions: investors in the Israeli economy, says M&A year in 2020, but nobody saw this financial and strategic. “With a financial D Doni Toledano, head of the Mergers coming,” he says. Still, he adds, while investment, you buy a company in the and Acquisitions, Banking, and Finance this past year saw many new business hopes of selling it later for a profit. With departments of the Erdinast, Ben deals put on hold, there were a number a strategic investment, you are looking Nathan, Toledano & Co. law firm (EBN). of significant transactions in the Israeli to add value long term,” he explains. EBN is one of Israel’s leading and market, many of them handled by One of the year’s largest tech deals fastest growing law firms, with some Toledano’s firm. was the sale of cyber security firm 130 lawyers and interns specializing “One type of transaction we saw this Checkmarx to global private equity firm in multiple practice areas. The firm year resulted from the devastating Hellman & Friedman, represented by effect of the pandemic EBN, for $1.15 billion. “This was a deal on many businesses we started in March at the beginning of and their owners the pandemic, and all the due diligence, which led to a surge in negotiations, everything was done during corporate bankruptcies. a period of lockdown in Israel,” Toledano In Israel, the number of recounts. “This was a deal that started bankruptcy petitions and closed during a time when Israel significantly increased,” was most affected by the coronavirus. he says. “While this is It is evidence that transactions can be unfortunate, it has had done even during these times.” a positive effect on the This year also witnessed strategic M&A world.” investments such as Intel’s acquisition A major distressed of Israeli public transport navigation M&A transaction was app developer Moovit for $900 million the sale of Discount and the acquisition of Union Bank by Investment Corporation, Mizrahi-Tefahot Bank for $400 million, formerly a part of the IDB a complex transaction in which EBN group. The transaction represented the acquirer. was handled by EBN’s “We have seen these types of M&A Team at Erdinast, Ben Nathan, Toledano & Co. partners, who were transactions over the past year because appointed as receivers. strategic investors have a long-term view is consistently ranked by the leading In another notable transaction, the and are interested in the added value a databases as a top-tier Israeli firm, firm represented the XIO fund in the $1 target can add to their main business,” with clients such as multinational billion+ sale of Lumenis Ltd., a global Toledano points out. corporations, private and public leader in minimally invasive clinical Looking toward the future, Toledano For further companies, high net worth individuals, solutions. The firm also served as the says he is “cautiously optimistic.” information about hi-tech companies, financial institutions, Israeli counsel of AEA Investors LP in “The effect of COVID-19 will remain for private equity, venture capital, and other the sale of 1-800 Contacts, a contact many years. Some companies will never Erdinast, Ben investment funds. lens retailer, and its Israeli subsidiary recover, companies will change, people Nathan, Toledano & In regard to how the coronavirus 6over6 to KKR for $3 billion. and lifestyles will change, and there is no Co. Law Firm: pandemic has affected mergers and “We are mainly focused on cross reason to think that the M&A world will acquisitions (M&A), the Israeli hi-tech border M&A, in many cases representing not change as well,” he says. “If I look Tel: +972 3 777-0111 scene, and the Israeli economy, Toledano non-Israeli investors from the US and realistically at 2021, I think at least the says, “From the end of the first quarter Europe and sometimes the Far East,” first half of the year will not be great in Fax: +972 3 777-0101 of 2020, when everybody realized that Toledano says. “In Israel until now, while terms of M&A.” But, he adds, “There will [email protected] COVID-19 was a serious pandemic that small businesses are suffering terribly, be a rebound. There is so much energy would affect the global economy, M&A the effect of the pandemic has been less waiting to be released, and I think it will www.ebnlaw.co.il around the world came to an almost prominent in the big enterprises.” take time. We may still have a rough grinding halt.” This is still evident in the hi-tech sector, stretch ahead of us, but I think once the According to Toledano, 2019 was a crucial segment of the Israeli economy, vaccines prove effective, the markets photos credit: Reut Salev a particularly strong M&A year in the which saw quite a few significant will hopefully skyrocket.” •

Legal edition • 7 • Winter 2020 ליכט פטרן ושות‘ LICHT PETRAN & CO משרד עורכי דין LAW OFFICE

LAW FIRM Line of Business: Family and Inheritance Law (special expertise in PROFILE international disputes)

Address: 14 Wissotzky St., Tel Aviv Email: [email protected] Tel: +972 3 974-4900 Website: www.lp-law.info Fax: +972 3 974-4920

Professional service around the clock with special expertise in international disputes

Licht Petran & Co., Law Office is a collaborations with law firms in various firm is reputed for its high quality, fairness, About leading boutique firm which practices countries, such as the US., France, Belgium, and professional integrity, and would family and inheritance law. The firm’s England, and South Africa . It handles do anything to reach an out-of-court founders, Sharon Licht Petran and Robert numerous international cases, including agreement without resorting to court us Licht Petran, have each more than 20 the enforcement of foreign judgments. litigation. Nevertheless, when necessary, years of professional experience and are Sharon Licht Petran, a certified mediator upon entering the courtroom the firm among the leading family and inheritance with 24 years of experience, is a member fights fiercely to achieve its clients’ goals. law advocates in Israel. of the professional committees of the The firm provides first-class legal The firm maintains a team of expert Israeli Bar Association and member of its service with full availability, as the partners professionals that upholds the tradition national family law forum. Robert Licht realize that lives are at stake. The firm and unique spirit of Licht Petran & Co., Petran, that has a 22 years of experience, understands that clients come to family focusing on its essence as a firm of and who began his career in the committee lawyers at the most sensitive times in their “people for people.” on the rights of the child and Bar Ilan lives, thus it ensures that the partners and Sharon Licht Petran and Robert Licht University, lectures on family law at the lawyers are there for their clients around Petran are highly esteemed by their Israeli Bar Association conferences and the clock, providing legal services with colleagues, as well as the Family and seminars and the College of Management. sensitivity, fairness, and integrity. Rabbinical courts, and have been providing He specializes in international disputes topnotch legal services for countless and is also admitted to the New York Bar Pro bono clients for many years. Association. The firm’s partners represent in pro The law firm handles all aspects of family bono cases and Robert Licht Petran also and inheritance law, such as child support, Integrity, fairness, and lectured in the Schar Mitzva project. alimony, custody, visiting arrangements, uncompromising professionalism marital reconciliation, divorce, immigration, child abduction, division of Renowned as a strategic, professional, Social and Legal involvement property, agreements, mediation, family and collegial firm, Licht Petran & Co. sets an The partners have participated during torts, company valuations in family law, ultimate goal of resolving disputes through the past 20 years in many social and international disputes and more. respectful and respecting negotiations legal activities including attempts to The firm’s partners appear before the while taking into consideration the needs amend Israeli Law. Recently the partner Family courts, the Rabbinical courts, the of all of the stakeholders and finding fair have produced a bill of amendments Labor courts, the District courts, and the and creative solutions. The clients receive to the Israeli Matrimonial regime (the Supreme Court. personal, devoted service. The firm’s team Property (Spouses) law of 1973) and to The firm’s unique strengths are focused attends to their needs throughout the the Maintenance and Alimony regime (the on its expertise in handling international entire period of representation, 24 hours a Law for the Amendment of Family Law issues, family torts, and principle matters day, seven days a week. The team applies (Alimony and Maintenance) of 1959) that concerning children, including parenting the utmost sensitivity to its clients and was sent to parliament members and are orders and grandparents’ rights. It handles provides close, courthouse, sensitive, fair, also lecturing on the importance of those complex cases in cooperation with large and familial treatment while maintaining amendments in continuous legal activities civil law firms. The firm has international uncompromising professionalism. The programs. •

Legal edition • 8 • Winter 2020 Adv. Robert Licht Petran Adv. Sharon Licht Petran Founder of the law firm Licht Petran & Co. Founder of the law firm Licht Petran & Co. Specializes in Inheritance, Family and International Law Specializes in Family and Inheritance Law

Advocating far and wide | By Neria Barr

he Licht Petran Law Firm is a boutique firm owned by partners Sharon and Robert Licht Petran. Both are experienced advocates T who have been practicing law for more than 20 years each. Sharon Licht Petran is one of Israel’s best family Law and Inheritance law lawyers. She is a certified mediator with 24 years of experience, is a member of the professional committees of the Israeli Bar Association and member of its national family law forum. She has been offered by several Judges to become a Judge in appreciation of her skills and recently was appointed by the NY court in connection with the Israeli Family Court to conduct cross examination of witnesses in Israel and forum non conviens claims), choice the best agreement for the client. But at the for legal proceedings held in NY. “Some of of applicable law cases, enforcement of same time, we think about what is best for the witnesses live in Israel, so we had to foreign judgments, Mareva interlocutory everyone concerned. If there are children cross examine those witnesses in court injunction, and many other international involved, of course we think about what is here for the American court,” she explains, issues” says Robert. best for them,” says Sharon. “I acted on the instructions of the NY and Sharon Licht Petran, in addition to being The process of divorce is hard on Israeli Family Court as a special appointed a lawyer and a licensed mediator is an everyone, they affirm. “Judge” for that task”. expert on durable power of attorney, a new “The idea is to calm things down, not to Robert Licht Petran, that has 22 years of concept in Israeli law that allows a person set fire to an already explosive situation,” experience, and who began his career in the to take control of his future destiny upon says Robert. “We have also litigated committee on the rights of the child and being incapacitated. international kidnapping cases (under the Bar Ilan University, lectures on family law at She is also in charge of many CLE Hague convention on international child the Israeli Bar Association conferences and programs (continuous legal education). abduction) and obviously immigration seminars and the College of Management “We have been in charge of many and relocation cases as well, all of which and other esteemed academic institutions. important courses for the Israeli Bar involve the best interests of the child in He specializes in international disputes Association concerning family and international circumstances,” he adds. For further and is also admitted to the New York Bar inheritance law,” she says. “We recently The firm has also represented clients Association. completed a program about Property in international inheritance cases, such information about He regularly gives expert opinions to Agreement and other Family oriented as the execution of wills and trusts over Licht Petran & Co. Israeli courts and authorities concerning Agreement”, and “we are keen on making a foreign assets for a person domiciled in Law Firm: the law in various US states and provides change in the social and legal atmosphere Israel or someone who lives in a foreign legal opinions to US and other foreign in Israel and are concerned with social country whose assets are located in Israel. Tel: +972 3 974-4900 courts concerning Israeli law. He has also issues and family law equality,” she “We have clients with dual citizenship testified in Belgian courts concerning stresses. or domicile, especially American-Israeli, Fax: +972 3 974-4920 Israeli law. The two partners state that their whom we help deal with issues such as [email protected] “To mention but a few examples, we firm looks at each case from a broad preserving family wealth and setting up have litigated numerous international perspective. trusts. The tax laws in Israel and the US, www.lp-law.info matrimonial cases that involve division of “We always look for what is in our client’s especially concerning wills and inheritance, property or balancing of assets in foreign interest. We will not promote any other are very different, so our expertise in countries, international jurisdiction issues agenda. The client is at the centre, and we American law is extremely important,” says photos credit: Itamar Duak (such as the international lis alibi pendens will turn the world upside down to obtain Robert. •

Legal edition • 9 • Winter 2020 The future of the legal market is already here | By Maya Ashkenazi

ince the development of the Internet in the AI is capable of handling large amounts of Maya Ashkenazi mid-1990s, many services have become more data in little time. Some legal tech companies Legal tech analyst at Tech&Law accessible, less expensive, and more effective. use it to offer automatic services such as legal S However, there is one traditional market that research or patent applications, which makes started to embrace innovation less than a a lawyer’s life easier, faster, and more efficient. legal tech market even further, as well as the decade ago – the legal market. For instance, Israeli company Litigate is an AI- competition among law firms. powered litigation case management software Due to COVID-19, the business sector that conducts its research in larger data sets What is legal tech? worldwide has less money to spend on than any lawyer can, even if he/she performed expensive legal services. This fact, along Legal tech companies, or “legal tech,” aim research 24 hours a day. with the digitization that is taking place in the to create tools to simplify the legal practice. While some technologies can truly make legal realm, will enhance the need for greater These start-ups are usually based on artificial lawyers’ lives more efficient, others took it to efficiency in the system. It seems that both intelligence (AI) or BigData technologies that the next level. Instead of integrating with the smaller and larger law firms which act faster are built specifically for legal sector purposes. legal market, they aim to disrupt it. These are to embrace these technologies will be able to By using these tools, the tech companies can usually software companies that try to replace offer more services for less money, be more create a set of capabilities that are performed by certain aspects of the legal profession. For machines, which formerly had been performed example, in China there is a new virtual court transparent, and become market leaders very by attorneys and paralegals. that is operated by AI-based judges. Although quickly. Taking it one step further, during the While most legal tech start-ups help lawyers this makes us feel rather uncomfortable, only pandemic a few “digital courts” were established save time while doing their work, some of time will tell if this model will expand worldwide. worldwide, where countries like Singapore, India, them are trying to replace lawyers altogether. and the UK held legal proceedings via video Traditionally, this sector was loyal to the written COVID-19 implications on the legal conferencing. This shows that the legal public word and to complex archive filing systems sector is also taking steps toward efficiency, which were significant time consumers, tech sector and it seems to be just the beginning. especially taking into consideration one of the The outbreak of the coronavirus pandemic holy grails of the legal profession – billable led to social distancing conditions, forcing the Worldwide trend hours. Since lawyers’ hours are very expensive, entire market to make adjustments so that some start-ups try to use technology to make it companies could maintain their business. Israel joined the global legal tech scene only more efficient, and thus less costly. For example, While many tech giants were used to working quite recently. But if we look at the US market the Israeli start-up Lawgeex automates contract remotely, law firms had to work from home for and countries like Singapore and India, the reviewing while using AI. the first time. After overcoming the stress and past decade was very successful. According chaos of the first quarantine, to Forbes, investments in legal tech skyrocketed they have come to realize to $1.6 billion in the last year, and it is expected that using video conference to keep rising. Law firms worldwide have begun software, remote desktop, etc., is to operate legal tech accelerators and hire not so intimidating and is even tech experts to find new ways to improve their convenient. This led law firms to efficiency. make a significant shift in their As a start-up powerhouse and a country with willingness to embrace new the highest number of lawyers per capita, it technologies. seems only logical that the legal tech scene Legal tech has been on in Israel will be the next big thing. Legal tech the agenda for almost a discourse is here, as we have witnessed decade; however, we could the growth of successful Israeli legal tech not anticipate how rapid the companies. Change is never easy; but once digital transformation would be we embrace it, we discover new and exciting following the COVID-19 crisis. opportunities. • This new normal, which also led to greater demand for lower The writer is a legal tech analyst at Tech&Law, cost alternatives, has driven the an Israeli legal tech platform. techlaw.co.il/en/ (Freepik.com)

Legal edition • 10 • Winter 2020 LAW FIRM Line of Business: Insurance claims Yanir Harel & Co. PROFILE with proven successes Law Office & Notary

Address: Alon Towers, 94 Yigal Alon St. Fax: +972 3 776-5018 Tel Aviv 6789156 Email: [email protected] Tel: +972 3 776-5017 Website: www.yhc-law.co.il

Yanir Harel & Co. was founded by insurance ,commercial property About Adv. Yanir Harel and specializes in insurance and road accident events. insurance claims. Over the years, the The firm’s considerable legal firm developed a unique expertise in Adv. Yanir Harel experience and comprehensive view us representing insured private persons published a leading of the field of insurance in Israel, and business entities in claims establish unique advantages that help against insurance companies. insurance book their clients reach substantial legal achievements. In 2018, the firm gained the Dun and Bradstreet Credibility Mark. A leader in In 2018, Adv. Yanir Harel published a leading book entitled “Evidence Law management of in Insurance and Road Accident Claims” insurance claims through the prestigious Perlstein Our values are Ginosar Publishing House. The book quickly became renowned in the field the source of our of Insurance Law and was purchased success The firm is a leader in its field of by the Courts Administration for the expertise, namely management of libraries of the courts of Israel and by insurance claims, and its leading legal libraries of universities and colleges. The firm’s staff strongly strives for team is well known for its expertise in Adv. Yanir Harel is a member of the success and implements values such conducting legal proceedings against Insurance Committee of the Israel Bar as professionalism, thoroughness, insurance companies. The firm’s Association and deals with issues listening, innovation and excellence. staff has extensive knowledge and relating to insurance legislation and These values are the source of the experience in the field of insurance insurance legal arrangements. firm’s success and the foundation of that enables the firm to successfully its professional legal activities. manage all the required proceedings Our firm provides its clients against insurance companies. Representing with credible and professional Adv. Yanir Harel has 20 years of legal representation by incorporating the experience specializing in insurance in a variety of uncompromising approach of our legal and is one of the leading lawyers insurance fields experts with innovation and advanced in Israel in the field of insurance legal tools. claims. Up until 2012, he was a Over the years, the firm has earned partner in one the largest and most much acclaim and many client prominent law firms in Israel, through The firm represents private references following its notable which he represented insurance and business claimants in legal achievements in providing successful companies and organizations in proceedings arising from insurance and professional legal representation. legal proceedings in courts and policies, and particularly in fields Our office is located on the 20th legislative procedures in the Knesset relating to loss of working capacity floor of the Alon Towers 2 in Tel (The Legislature in Israel). Over the insurance, liability insurance, Aviv. The firm invested significant years Adv. Yanir Harel acquired long term care insurance, chronic resources to establish the advanced profound legal knowledge in the field illness insurance, personal accident and modern office that serves its of insurance in Israel. insurance, health insurance, life staff and clients. •

Legal edition • 11 • Winter 2020 Rolling out the welcome Adv. Philippe Koskas mat for foreign Founder of the law firm Philippe Koskas Specializes in Real estate investors | By Lidar Gravé-Lazi

he Israeli government should do all it in the Israeli market as well, since their real estate investments in Israel can to lessen bureaucratic obstacles in fewer foreigners are coming to Israel to but also to overcome the bureaucratic general and has the obligation to make purchase real estate. difficulties, especially during the ‘T it easier for foreigners to invest in the pandemic. For a non-resident, it is very real estate market in particular,” says difficult to open an account in any bank attorney Philippe Koskas, founder of the in Israel today,” he says. Philippe Koskas Law Firm. What we are really An ardent Zionist, Koskas made aliya seeing is that money is from Paris in 1982. After completing his studies at the Hebrew University staying here. There has As Israelis, we should in Jerusalem, he was accepted to the been a kind of jolt – the make it easier for Supreme Court for an internship under honorable justice Eliezer Goldberg. coronavirus has returned foreigners to invest That position afforded him the people home in us because as a opportunity to learn about the Israeli Jewish state, we have to legal system at the top echelons. “Even today, I think about the judge I position ourselves as the interned with. He is still my mentor, 35 “What we are seeing is that many alternative years later,” says Koskas. Israelis who would have invested abroad, In 1985, Koskas founded his boutique now prefer to invest here in Israel,” he law firm in Jerusalem, which specializes observes. “What we are really seeing is in real estate and litigation. He moved that money is staying here. There has “You shouldn’t forget that there is a the offices to Tel Aviv seven years ago. been a kind of jolt – the coronavirus has reason why people will buy [real estate] The firm serves as a one-stop shop for returned people home.” in Israel. There are always alternatives foreign investors seeking to invest in the He adds, “When there is a lockdown, for people to invest,” he says. “As Israelis, Israeli real estate market. people are stuck at home, so the we should make it easier for foreigners Koskas remarks that the Israeli real situation has returned Israelis to a to invest in us because as a Jewish estate market has changed dramatically physical reality, which becomes evident state, we have to position ourselves as over the past three decades. in the real estate market.” the alternative.” “Real estate deals were always Koskas says that while his office used While he has made a home in Israel, important, but today our responsibility to see around 50% -50% in Israeli and Koskas maintains a strong connection as lawyers has significantly increased,” foreign deals, since the coronavirus to his French roots and has been a For further he says. “Because of new regulations pandemic it now sees around 80% to prominent figure in business, legal, and 90% Israeli deals versus only 10% to 20% information about and court rulings, the legal aspects cultural relations between Israel and have become much more intricate and of foreign deals. France. As such, he believes that with Philippe Koskas complex.” “On the other hand, there are large the rising level of antisemitism all over Law Firm: However, he says that the most drastic sums of money that foreigners have the world and especially in France, Jews change has been the increase in prices. transferred to Israeli banks, and the abroad will have no choice but to look to Tel: +972 3 373-2150 “In Israel especially, the prices have money is sitting untouched. I’m sure Israel as the alternative. gone up. And since you don’t buy rooms, that those amounts will be invested in “Israel is a flourishing economy, and Fax: +972 3 723-3063 you buy per meter, every square meter is the Israeli market when the coronavirus the real estate market is an integral part [email protected] very significant, especially in Tel Aviv. situation improves,” he predicts. of it. That is why housing prices have Therefore, the legal aspect must be In fact, Koskas believes that when the steadily increased over the years. As a www.koskaslaw.com more precise and professional today,” corona crisis gets under control, there law firm, we seek to fulfill the dreams of he explains. will be “massive buying” of real estate our investors to purchase real estate in Koskas adds that the coronavirus from abroad, especially from France. Israel with security and professionalism,” photo credit: Linor Levi pandemic has brought about a change “We help our clients not only to secure Koskas asserts. •

Legal edition • 12 • Winter 2020 Ran Raichman:

Adv. Ran Raichman Serving the Founder of the law firm Ran Raichman Family and Inheritance Law, Estates and Immigration cases interests of

his clients | By Alan Rosenbaum

t’s hard to beat a person who never gives The firm handles complex family and inheritance law and is the co-host up.” The slogan that appears on the cases and specializes in child custody, of the Channel 13 legal-advice program Facebook page of Adv. Ran Raichman alimony, and property, representing both Attorneys to Your Doorstep. ‘I is more than just a catchy phrase. In men and women. “We handle everything In addition to its broad base of clients the case of Raichman, the head of the concerning family law and inheritance, in Israel, a growing number of Raichman law firm that bears his name, it is an such as wills – in Hebrew or English Law Office clients are Israelis living in accurate description. – custody and property disputes, and the United States who own property in Raichman is a dogged and determined divorce cases,” says Raichman. The Israel, have inheritance cases that are litigator with more than 20 years of firm also deals with marriages, nuptial based in Israel or are involved in divorce legal experience, and the law office agreements, child abduction, domestic proceedings and need guidance in that bears his name is one of Israel’s violence, and the gay community. following Israeli law in these cases. US- leading family and inheritance law The team at Ran Raichman has had based courts do not have the authority firms. The firm focuses exclusively on vast experience in providing legal counsel to deal with property in Israel, and an family law, inheritance, and wills, and to family companies and businesses and expert Israeli attorney is required for its lawyers have extensive experience finding creative solutions for preventing such matters. Raichman maintains an and proficiency in every aspect of civil and solving disputes in family firms in office in New Jersey for his US-based status. In its family and inheritance which equity can often amount to tens clients and frequently travels to the practice, the firm is particularly of millions of shekels. Ran Raichman United States to meet with them. renowned for its expertise in complex Law Offices places great emphasis on joint custody cases, disputes in family- solving sensitive family disputes through owned companies, and objections to negotiations, and the firm’s extensive wills. Raichman is an expert in verifying experience in such cases enables it to If my clients have and corroborating wills and can identify provide appropriate legal solutions. suffered wrongdoing or forged wills by using criteria such as The firm, which is staffed by a team of signature comparisons, the will’s paper five lawyers who are fluent in Hebrew and injustice,” he says, “I will age, the type of ink used, and unreliable English, offers a combination of warm, go all out for them to witnesses. personal service and uncompromising professionalism. Raichman personally serve their interests and accompanies the clients and provides obtain justice them with an attentive ear in their We handle everything moments of crisis. The firm’s team researches each case down to the For further concerning family law smallest detail, and it calculates its Ran Raichman and his team are information about and inheritance, such steps throughout the entire process with creative and innovative legal thinkers, Ran Raichman as wills – in Hebrew or full transparency to the clients in order and the firm can often solve complex to reach optimum legal results. issues through original, out-of-the-box Law Firm: English – custody and Raichman regularly appears before thinking. And perhaps most important Tel: +972 77-7277964 property disputes, and all Israeli courts, such as the family and is that Raichman never gives up. “If my divorce cases rabbinical courts, the Great Rabbinical clients have suffered wrongdoing or [email protected] Court, and Israel’s Supreme Court. He injustice,” he says, “I will go all out for is frequently consulted by the media to them to serve their interests and obtain www.raichman.co.il provide analysis on matters of family justice.” •

Legal edition • 13 • Winter 2020 Assisting clients in Ashdod and

Adv. YIFAT BEN AVI BROWN throughout Founder of the law firm Yifat Ben Avi Brown Insolvency/Execution, Notary, Mediation and Real Estate Israel | By ALAN ROSENBAUM

eing a lawyer is a mission,” says Adv. Ashdod, Rishon LeZion, and Holon, Adv. Ben Avi Brown holds an LLB Yifat Ben Avi Brown. “It provides one where several projects have already degree from the Academic College with the knowledge and the power to been completed to the residents’ of Law in Ramat Gan and an LL.M. “B change people’s lives.” Brown, who satisfaction. (Master of Law) from the Academic heads the boutique law firm that bears Adv. Ben Avi Brown also represents Center for Law and Business in Ramat her name, has been helping clients plaintiffs and defendants in civil cases, Gan with a specialization in human throughout Israel for the past thirteen handling monetary issues such as rights. She is currently studying for her years in a wide variety of legal matters, claims regarding construction defects, doctoral degree in law. She also holds including insolvency/execution cases, evacuation of tenants from properties, a diploma in mediation and serves as real estate, wills and inheritance, and and representing defendants in a mediator between litigants in civil civil-commercial law. criminal planning and zoning cases and family cases. The essence of The Ashdod-based firm has handled vis-à-vis local authorities. She is also mediation is to reach an acceptable hundreds of insolvency cases, proficient in legal matters regarding agreement for all of the parties, and representing private and commercial wills and inheritance law, preparing her firm has recorded numerous clients in proceedings until the final orders of succession (‘Tzav Yerusha’), successes in such cases. closure of all debts has been reached registering wills, and appearing in As a boutique law practice, the firm to the client’s satisfaction. Over the court matters related to inheritances. of Yifat Ben Avi Brown is characterized years, Brown and her associates In addition to the services mentioned by the personal, warm, and speedy have managed to achieve relief of earlier, Brown provides an extensive attention it provides to its clients. Adv. debts for their clients amounting to suite of notary services, including Ben Avi Brown is at her clients’ disposal millions of shekels. Brown not only approval of signatures for mortgage at any almost any hour and personally provides legal guidance but helps banks, powers of attorney, notary participates in all discussions and her clients navigate their difficult translations, preparation of notarized meetings. The office staff is fluent in financial situations, putting them on unwitnessed wills, certificates of both Hebrew and English. the path to economic rehabilitation. marital agreements, document “I use my legal knowledge and Adv. Ben Avi Brown also serves as certifications, certificates of life, and abilities to help people,” says Yifat Ben deputy chairperson of the Israel Bar more. Avi Brown. • Association’s Insolvency Committee and participates in professional seminars on the topic. The firm, which employs three associates and an advanced legal For further intern, is highly experienced in the real information about Yifat estate and urban renewal fields and has represented five major Pinui-Binui Ben Avi Brown Law Firm: projects that have upgraded aging urban structures and fifty Tama 38/1 Tel: +972 8 853-4794 seismic retrofitting projects, which Mobile: +972 52-5259998 have renovated existing buildings that were at risk of being severely [email protected] damaged in an earthquake. Brown primarily represents building residents www.yifatbenavibrawn. in these cases, accompanying them business.site with professionalism, care, and accessibility from beginning to end. Most of the projects that the photos credit: YIFAT BEN AVI BROWN firm has facilitated are located in

Legal edition • 14 • Winter 2020 Managing Adv. Moran Samun Founder of the law firm Moran Samun Specializes in Family law and Inheritance, the Crisis | By Lidar Gravé-Lazi Divorce and Management of family disputes

crisis in the family must be managed how to deal with his/her new reality.” Despite this, one of the major intelligently, otherwise the crisis Samun explains that by providing problems in divorce proceedings will manage you,” states family law a response to the client’s emotional involves dragging the children into the ‘A litigation attorney Moran Samun. She side, it makes room for more rational conflict or using them as leverage, she is the founder and owner of Moran decisions to build a successful strategy says, citing that parental alienation, or Samun -- Law Firm, a leading boutique and manage the divorce process breaking the bond between one parent firm in Israel that specializes in family more efficiently in court. As such, she and his or her children, is an all too and inheritance law. develops a tailor-made divorce plan and common occurrence. The firm’s uniqueness stems from develops tactics for every client with “In recent years, family courts in its specialization in human capital – the end goal of creating an “equitable Israel have begun to recognize parental i.e., the family and children -- and an system” that benefits the family as a alienation as an act of violence. In understanding that legal tools alone whole. 2019, the Tel Aviv Family Court adopted are not enough when practicing family a special procedure to deal specifically law. The firm has represented some of with parental ties and renewals,” she Israel’s leading business and media says. figures. For the past four years, it has You can manage a case This process proved so successful been ranked by Dun & Bradstreet and excellently without being and necessary in Tel Aviv that in BDI as one of the leading law firms September 2020, the Supreme Court in Israel in the area of family and dragged into irrational published a new “Protocol for the inheritance law. and vengeful behavior Handling of Urgent Proceedings by “For an effective divorce, we must Family Court Concerning Assurance take care of the human capital. You of Relationships between Parents can’t only address the legal and and their Children or Concern for financial sides but must also address “You can manage a case excellently Their Safety,” which adopted the same the emotional side,” Samun says. without being dragged into irrational procedure as in Tel Aviv. After having undergone her own and vengeful behavior,” she says, divorce proceedings, Samun drew on adding that today the legal system is her personal experiences and applied placing more emphasis on co-parenting them to develop her own strategy for and maintaining a strong bond between What is required is a divorce called Divorce Most Valuable parents and their children during and combination of emotional Process (D-MVP), which she based after the divorce. upon three basic principles. The first “While the law states that children up and legal tools to help is that divorce constitutes a crisis until the age of six will live with their parents handle the crisis For further that should be managed intelligently. mother, more and more judges are information about Secondly, people need to mature toward now ruling for co-parental rights,” says divorce agreements in increments Samun. Moran Samun and in different ways. And thirdly, it “There is also an understanding Law Firm: is important to handle the emotional through this new protocol that legal aspect and not just the legal aspect. reliefs alone are not enough. What is Tel: +972 3 566-2260 “My strategy involves a five-step In recent years, family required is a combination of emotional process. I provide each client with courts in Israel have and legal tools to help parents handle Fax: +972 3 566-2261 a professional in the psychological- the crisis,” she asserts. begun to recognize [email protected] emotional area for nine sessions who “The problem is never the problem. can accompany the client and provide parental alienation as an The problem is our approach to the www.moransamun.co.il him/her with tools on how to cope problem, and the courts have changed with and handle the divorce process,” act of violence the approach and chosen to create she explains. “When we complete the a protocol that manages the crisis photos credit: Inge Avshalom process, the client will have to know intelligently,” Samun says. •

Legal edition • 15 • Winter 2020 Preparing for Life’s Difficult Adv. Adi Chen Founder of the law firm Adi Chen Family Law, Wills, Inheritances, | By ALAN ROSENBAUM and International Estates Moments

e cannot prepare for everything in life,” Convention, and numerous other family of the deceased’s estate, in accordance says Adv. Adi Chen, “but we can prepare matters. with the wishes of the deceased. in many ways if we utilize existing Chen says that the role of the lawyer The ‘Enduring Power of Attorney,’ she “W legal instruments that have been has expanded and has become more explains, is a legal document created developed for overcoming different life complex in the mobile world of today. for a time when one is in a stage of life challenges.” For 23 years, Chen, a family “Today, with freedom of mobility when it is difficult or impossible to make law and inheritance lawyer, has used her and especially with the Open Skies independent decisions, due to ill health, considerable skills to assist clients in Agreement, the world has become one such as dementia, or even for a limited navigating through many of life’s trying small global village, which has legal time after an accident. “An enduring moments, including handling complex significance in family and inheritance Power of Attorney may cover different disagreements in international wills and law. It is essential that people consult types of decisions, from health and estates, negotiating disputes between a legal expert before taking steps.” Chen welfare to property and finances. You spouses who have married abroad in says that couples who share different can decide these matters in advance as civil marriages or mixed marriages, faiths, or who may come from different you wish to see them carried out when and preparing wills, ‘Enduring Power countries need to think about the best the time comes. It’s very important of Attorney,’ ‘Expressions of a Will’ and way to resolve conflict if it occurs. “It is to consider the future and grant an many other complex legal documents. better to reach agreements than wait for Enduring Power of Attorney to one, or Chen, who was admitted to the Israeli the courts in different countries to make more than one person, whom you trust Bar Association in 1998 and holds an decisions in cases of disputes,” says and who will be given the right to make LLM (Master of Law) degree from Bar Adv. Chen. “When it comes to cross- specific decisions on your behalf, in case Ilan University, has served as a lecturer state disputes, problems of international you need help or lose the ability to make on family, inheritance, and international jurisdiction arise, and questions of the decisions by yourself.” private law in various academic institutes applicability of foreign law surface. In Someone who becomes incapacitated since 1999. As Chair of the Children order to avoid such proceedings, it is very without signing an ‘Enduring Power Rights Committee and Co-Chair of the important to regulate property relations of Attorney,’ explains Chen, loses the Adoption and Surrogacy Committee of between the parties in an appropriate legal right to make decisions regarding the Israeli Bar Association, she is deeply prenuptial agreement. This determines financial matters, place of residence, involved in family law legislation. which country will be authorized to and level of care. “Unless an “Enduring Adv. Chen specializes in international discuss a conflict and which country’s Power of Attorney’ agreement is in place, wills, inheritance law, and estate planning, laws will be utilized to enforce the family members are not allowed to make and is proficient in managing legal judgment..” decisions on your behalf. They will have disputes in such cases. Chen provides Chen, who is certified in the preparation to go to court to gain a legal authority legal counsel, handling, mediation, and of Enduring Power of Attorney and to act on your behalf, which can be support, including legal representation in Expression of Will documents, says stressful, offensive, and expensive.” courts and tribunals. Due to her extensive that, especially now, during the COVID-19 The third type of document, an academic and research work, Adv. Chen pandemic, it is important to be prepared ‘Expression of a Will,’ enables a guardian has work relationships with foreign law for all possibilities. “We must be prepared to designate the identity of a person who For further scholars and experts from numerous not only for the good but also for the will care for minors or adults currently information about countries. She also specializes in the bad,” she says. “Preparing our wishes under the guardian’s supervision, should legal facilitation of heirs’ claims and now, ultimately, is caring for ourselves the guardian be unable to take care of the Adi Chen Law Firm: disputes concerning heirs’ benefits and and our loved ones later.” minor or adult. pensions. Chen strongly recommends that Adv. Adi Chen brings professionalism, Tel: +972 3 670-9044 As an experienced family law individuals consult a lawyer to prepare passion, personal support, and [email protected] practitioner, Chen has handled cases in three different legal documents – a will, discreetness to every case. She maintains common law marriage, joint marriage an Enduring Power of Attorney, and an a direct and personal relationship with www.achen.co.il agreements, civil marriage, domestic ‘Expression of a Will,’ in certain cases – all her clients and provides them with violence and harassment, divorce each being appropriate for a different high-level legal and professional service claims, property asset claims, child stage of life. A will, she says, is the coupled with the special sensitivity photo credit: Orel Cohen abduction claims according to the Hague surest way of ensuring the distribution required for matters of family law. •

Legal edition • 16 • Winter 2020 E.S. Shimron, I. Molho, Persky & Co. Commercial and Corporate, Telecoms and Media and Insolvency Law

Advocate Isaac Molho Advocate Dov Abramowitz Managing Partner Partner

Multifaceted experience

and expertise | By Alan Rosenbaum

.S. Shimron, I. Molho, Persky & Co., licensed abroad or have knowledge of on debts due to COVID-19 is crucial headed by managing partner Isaac the law in other jurisdictions; top lawyers in order to enable such businesses to Molho, is one of Israel’s oldest law who can find creative solutions for rehabilitate and continue operations. E firms and one of the country’s leading difficult problems; and a sizable firm with Without such support, the increased commercial firms, advising Israeli and proficiency in a range of commercial law, number and scope of liquidations will international clients on a wide variety of enabling one-stop-shop opportunities for have a major negative impact on the legal matters and business transactions. the client. economy for years to come.” SMP was one of the first law firms in With long-standing experience in Israel to specialize in the telecom and insolvency law, SMP has the ability to deal media field and has more than 30 years of with large-scale and complicated cases experience in that area. Dov Abramowitz, Governmental support for and the creativity and courage to forge a partner in the firm, says, “Our practice businesses and persons the path ahead in complicated liquidation includes ongoing counsel to leading who defaulted on debts cases by formulating arrangements to Israeli mobile operators, international achieve the best results possible. carriers, Internet providers, TV channels, due to COVID-19 is In the past, Molho served as a special and production companies on regulatory crucial in order to enable envoy to Prime Minister Netanyahu, who and commercial issues; representation together with British prime minister Tony of foreign investors in local telecom such businesses to Blair, worked for many years to lay the and media ventures; representation rehabilitate and continue foundations for the recent normalization of foreign content owners in litigation operations with the UAE, Bahrain, and other Middle against illegal content streaming sites; Eastern countries. In that regard, Molho and representation of local companies sees great potential in the development and entrepreneurs in telecom and media of commercial relations between the projects in Israel and abroad.” SMP, one of the top firms in Israel in countries. Abramowitz adds that the rapid insolvency law, has been appointed He says, “Israel has developed advances in telecom and media make by the courts to manage some of the advanced technologies that are interest it a particularly challenging area of law. country’s largest liquidation cases, such to the UAE. Clearly, the Emirates has the Significant recent developments in the as those of the Heftziba Group and ability to invest in such technologies and For further field include the gradual supplanting Karta (Mamilla). This field often involves cooperate with the Israeli hi-tech industry information about of traditional broadcasting with online foreign clients, such as creditors of local in order to further develop them. The E.S. Shimron, I. content streaming; the advent of online companies in difficulty, and liquidation Emiratis have an excellent understanding schooling and working on a large scale; of new technological developments Molho, Persky & Co. of multinationals with an Israeli aspect. and the need that these developments Isaac Molho points out that today, the and how to take advantage of them for Law Firm: have created for high-speed Internet via insolvency practice is more important the benefit of the world. That is why I fiber-to-home networks. than ever, with COVID-19 causing a surge believe that we will see breakthroughs Tel: +972 2 649-0649 The firm provides in-depth knowledge of proceedings in Israel and globally. in collaboration between Israel and the Fax: +972 2 649-0659 of the legal aspects and the legal- This may have a domino effect on the UAE in fields such as agriculture, water technological interface of telecom law; economy, as the insolvency of individuals desalination and recycling, which are www.smplaw.co.il excellent connections with the major and businesses in turn affect suppliers critical for a country surrounded by desert players in the field in Israel and overseas and customers of such insolvents. that is expecting its population and that in the private and public sectors; English- He says, “Governmental support for of the region to grow significantly in the photo credit: Michal Ben Tovim speaking lawyers, several of whom are businesses and persons who defaulted coming years.” •

Legal edition • 17 • Winter 2020 LAW FIRM Line of Business: Israel’s Premier Niche Practice, specializing in Private Clients, Multinational Family Estate Structuring & Asset Protection, PROFILE Trusts and International & Local Taxation

Address: Sea View Building, 11 Hasadnaot St., Fax: +972 9 953-1954 Herzlia Pituach, P.O.Box 2053, 4612001 Email: [email protected] Tel: +972 9 953-1953 Website: www.shinelaw.com

Global representation and reputation

Michael Shine & Partners is one of the leading multinational family asset protection, trust Main Areas of Practice private client law firms in Israel, specializing in law, the establishment and administration of About International tax and estate planning - international tax planning, the establishment trusts, international taxation in accordance The firm operates as a “one-stop-shop” and administration of trusts, trust taxation and with Israeli tax rules, and family wealth us providing comprehensive advice on asset reporting, multinational asset protection and preservation and management. Shira is protection, family wealth preservation and family wealth preservation. The firm also has regarded as an expert in international taxation the implementation of robust legal structures. extensive practices in the areas of commercial and trusts according to leading international The firm has access to in-house foreign law, real estate (specializing in representing rankings and regularly publishes articles in corporate trustees, which exclusively serve foreign residents), foreign investments and leading journals in Israel and abroad. the firm’s clients, and employs an expert team transactions, and inheritance and estate Alon Shine (Managing Partner) specializes of compliance officers, who, amongst other matters, with a focus on foreign residents. The in the fields of multinational family asset things, provide exclusive private banking firm’s clientele includes private clients from protection, trust law and administration, services for the opening of accounts in Israel Israel and abroad, high net worth individuals estates and inheritance, international and overseas. and families, family wealth funds, international taxation and financial investments. He serves The firm has extensive experience and companies, international financial institutions, as the financial and investment manager expertise in providing tax advice to Israeli foreign trade risk insurers, as well as numerous of the Shine Group and guides local and returning residents and new immigrants foreign controlled real estate companies international real estate transactions, start- regarding trusts, tax exemptions, and all holding commercial properties in Israel. up transactions and financial investments, related issues. The firm has incorporated a The firm has won multiple awards and is including hedge funds, venture capital funds, unique specialization in “pre-rulings” for trusts consistently ranked as a leading firm in its and the building of financial instruments. with impending reporting obligations in Israel, main fields of expertise. Several years ago, the In addition, he specializes in all aspects of and in voluntary disclosure proceedings. partners of the firm established a family office, international banking. Real estate - The firm handles a full range of M.S.A. Shine Global Family Office Ltd., which Trevor Silverman (Partner) is dual qualified foreign and local Israeli real estate acquisitions has more than 20 employees, and Alphen in England and Wales and Israel and and disposals, including corporate and tax Asset Management A.G., which is situated in specializes in the fields of multinational treaty structures. It specializes in domestic Zurich and holds a Swiss license to manage family asset protection, trust law, the and commercial land acquisitions through investments portfolios. establishment and administration of trusts, the medium of corporate trust structures for wills, estates and inheritance, family wealth multinational clientele. Founder preservation and management, including the Banking and finance - The firm represents drafting of corporate, trust, and transactional Michael Shine passed away in April 2020. foreign banks and financial institutions, documents for complex international family He founded the firm in 1977 and had an advising on various aspects of international structures. international reputation in all matters of banking procedures and issues legal opinions. Asher Kenigsberg (Senior Associate) international tax planning, structuring and Succession and inheritance - This specializes in real estate law and has protection of multinational family asset department specializes in drafting and extensive experience in managing sale holdings, trust law, and the administration of advising clients on their local and international transactions and financing of commercial trusts. wills, coordinating with foreign counsel real estate and investments, including the concerning specific jurisdictions, probating process of negotiations and the commercial foreign wills in Israel, and the administration Key Individuals aspects of registration and taxation. He also of estates of deceased foreigners both testate Shira Shine (Senior Partner) specializes in specializes in private client. and intestate. •

Legal edition • 18 • Winter 2020 Michael Shine & Partners: Adv. Shira Shine Asset protection and Senior partner at Michael Shine & Partners Specializes in Trust law, International tax planning, Protecting and managing family wealth estate planning | By Alan Rosenbaum

e are a one-stop shop for individuals and new immigrants in all matters and families worldwide that require relating to individual reporting and cross-border tax and estate planning,” taxation, trusts and foundations, tax ‘W says Adv. Shira Shine, senior partner at exemptions, and any factors involved Michael Shine & Partners. with these issues. The firm was founded in 1977 by • It expertly handles a full range of Michael Shine, who passed away earlier Israeli real estate acquisitions and this year. An international leader in his disposals, such as corporate and field, he represented private clients tax treaty structures, and specializes from around the globe, including high in domestic and commercial land net worth individuals and multinational acquisitions through the medium of families, offering a full range of services corporate trust structures. for asset protection needs, family • Michael Shine & Partners represents generational tax planning, and private foreign financial institutions, advising banking requirements. on various aspects of international Most of the firm’s clients are from banking procedures and issuing legal English-speaking countries such as opinions. Canada, Australia, England, and the • The firm specializes in drafting and United States, as well as from Europe. advising clients on their local and “We come from the culture of the Anglo- international wills, coordinating with Saxon community,” says Shira Shine, foreign counsel concerning specific “and we have a lot of experience with jurisdictions, probating foreign wills in the culture of multinational families.” Israel, the administration of estates of The firm boasts an expert group of deceased foreigners (both testate and more than 60 staff members in its intestate), and drafting and executing Herzliya Pituah headquarters. It offers the full range of enduring power a full range of services for high net of attorney documents, which was worth families and individuals, such as recently introduced into Israeli law. tax planning, local and international real Michael Shine & Partners is part estate purchases and financing, private of the Shine Group, which has equity and industrial investments, earned an outstanding reputation for private banking, and drawing up professionalism and top-quality service, wills, handling deceased estates and providing complex family wealth numerous awards and is highly rated preparing enduring power of attorney preservation services, with its fully internationally as one of the leading documents. “We don’t outsource licensed foreign trust companies, asset private client groups. The group also anything. It’s all done in-house,” Shine management companies, and service operates Alphen Asset Management For further stresses. companies, which exclusively serve the A.G., located in Zurich, which is fully information about Michael Shine & Partners provides clients of the Shine Group. licensed by the Swiss regulator to valuable guidance to its clients in In addition to the firm’s private manage investment portfolios. Michael Shine & four main areas: international tax and clientele from all over the world, which Ultimately, says Shine, the quality of Partners Law Firm: estate planning; real estate; banking includes high net worth individuals and service and professionalism practiced and finance; and succession and families, as well as family wealth funds, by the firm and the dedicated service Tel: +972 9 953-1953 inheritance. the Shine Group’s clients include many that it provides its clients set it apart Fax: +972 9 953-1954 • The firm has extensive experience international companies and financial from the competition. “We have very providing advice to clients regarding institutions, as well as foreign trade strong and long-standing relationships www.shinelaw.com trust taxation in Israel and the risk insurers and real estate companies with our clients that go beyond the legal accompanying reporting to the tax controlled by foreign structures that hold profession, and our professionalism authorities. It offers comprehensive commercial and residential properties is reflected in the work that we do photos credit: Sam Itzhakov guidance for returning residents in Israel. The Shine Group has received worldwide,” she asserts. •

Legal edition • 19 • Winter 2020 New law: The gift of choice | By Adv. Jackie Donner

ne of the welcome results of progress, be it in staff member, the need for a certain sector of politics, economics, technology, science, or law, jurisdictional expertise, or a place holder while a is more choice. When dictatorships are toppled company interviews to hire. O and democratic regimes replace them, the people The pioneers in the flexible staffing sector are given the choice as to which candidates are -- Axiom, LOD, and Elevate -- are no less than elected as their leaders. When economies are giants on the legal map. In fact, their offering is Adv. Jackie Donner liberalized, the supermarkets are filled with more so successful that many law firms around the CEO of LawFlex products, so there is greater choice in purchasing. world have opened “captive flexible staffing When science advances, we have the choice to companies.” make informed decisions based on data and For example, Allen & Overy launched Peerpoint, it grants more choice to the consumer but facts. realizing that some of their clients would be also because it offers the gift of choice to the When there is progress in the legal sphere, demanding more for less. Pinset Masons professional who is providing the service. While clients have more choice about which service followed suit by opening Vario to answer a need the model of traditional law works well for some provider they use, the delivery model of the in the market for flexible staffing. LawFlex was professionals, it is not the case for others. Rather product, and the price they pay for it. Welcome the launched in Israel four years ago, joining the than having to leave the profession, the ability to dawn of the law company and the new law era. giants in their mission to provide a successful provide services in an alternative framework gives A “law company” is any provider of legal alternative. lawyers the choice to remain in the profession. This is a welcome choice. Progress is not an event but a process. However, the single event of the COVID-19 pandemic has accelerated the move away from traditional law to new law. The cornerstones of flexible staffing companies – remote work, agile mind set, and lower charge out rates – has been a welcome and natural solution for legal consumers. Many companies are facing hiring freezes and limits to their budget. As the legal department is always defined as a “minus” on the balance sheet of a company, alternative options for augmenting a legal team are needed. Similarly, law firms that have downsized and then see a rise in deals are reluctant to jump into a hiring frenzy too quickly. Hence, alternative staffing is a solid solution for them as well. The Thompson Reuters Report “Alternative Legal Service Providers” from 2019 states that “In just two years, revenues for alternative legal services providers have grown from $8.4 billion in 2015 to about $10.7 billion in 2017. This represents a compound annual growth (Freepik.com) rate of 12.9% over that period.” These numbers are all prior to the pandemic and are no doubt services that is not a traditional law firm. This With the onset of these law companies, fueled heavily by it. Although still a minor part of broad definition includes flexible staffing consumers are now given a choice. They can the $1 trillion legal industry, these numbers are companies, legal process outsourcing (LPO) choose a lawyer to work remotely or as part of increasing fast. companies, legal-tech companies, legal their team; they can choose to add a paralegal, New law will not replace traditional law, but a operations companies and more. Most notable a legal technologist, a project manager, a newly hybrid offering will emerge that will give clients in recent months has been the growth worldwide qualified lawyer, or a partner level lawyer to the value of traditional law and the benefits of of flexible staffing companies. their team. They can choose to do this for a new law. A crisis, such as the current one, brings Flexible staffing companies offer law firms day, a month, or a year. The best part is that with it progress because necessity brings change, and in-house legal departments an option to they can make this choice, and then change and change brings choice. By all means, a very immediately (and temporarily) increase their their mind a month later, since the nature welcome result. • team of lawyers. The need could be due to an of the offer is that it is ad hoc and flexible. increase in work flow, a leave of absence of a This model is flourishing not only because The writer is the CEO of LawFlex www.lawflex.com

Legal edition • 20 • Winter 2020 Adv. Vered Zlaikha Partner at Lipa Meir & Co. Advocates and Combating Head of Cyber Affairs & AI Practice ransomware | By Adv. Vered Zlaikha Would Recent Developments Change Business Decision-making?

ansomware is a form of malware that blocks ransomware operators and their facilitators); based compliance access to a computer system or data, often by support for effective implementation of the program to mitigate encrypting data or programs on information FATF [Financial Action Task Force] standards; exposure to sanction- R technology systems to extort ransom payments and the promotion of available technical related violations. from victims in exchange for decrypting the innovations to protect cyber assets. As it was discussed in the media, the steps information and restoring the victims’ access • As the payment of ransom entails financial taken in the US were accepted with criticism to their systems or data. activity, it is subject to anti-money laundering and mixed reactions. Some suggested that On October 13, 2020, the G7 expressed concern and counter-terrorist financing laws and insurance companies have already taken about ransomware cyber-attacks and adopted regulations. Financial institutions and the the relevant legal duties into account, thus a “Ransomware Annex to G7 Statement”. public are called upon to be especially alert one should not expect a significant change According to the Annex, ransomware attacks to prevent sanction evasion in line with their following those advisories. Others posited against critical infrastructures such as hospitals national legal obligations. that insurance companies might reconsider and financial institutions in G7 countries have • Aside from financial institutions, even ransomware insurance coverage. It was also been increasing in scale, sophistication, and companies whose primary business is not argued that these steps would complicate frequency, while illicit actors have exploited financial services, such as cyber-incident an already challenging decision, especially COVID-19 to conduct the attacks. The Annex consulting firms, may fall under the obligations in regards to SMEs, and that it might cause mentions the significant economic damage for financial institutions if they provide victims to hesitate more before they involved caused by ransomware, as well as threats qualifying services, such as money transfers. law enforcement authorities. to customer protection and data privacy. It • The G7 notes the importance of virtual asset To sum up, the Ransomware Annex seems recognizes the broad spectrum of malicious service providers having effective programs to reflect a political desire for a joint effort to actors and motives behind ransomware, such in line with the FATF standards and national combat the growing cyber threat to businesses, as criminal activities, transnational organized obligations. It calls upon companies to move especially during COVID-19, by sharing crime, terrorism, and state-sponsored acts to “beyond traditional perimeter security to information and implementing accepted finance the proliferation of weapons of mass defend against ransomware.” Companies are standards in the areas of anti-money laundering destruction. The frequent demand of ransoms also advised to consider altering their own and counter-terrorist financing. Such global for virtual assets is of particular concern. internal response and recovery plans in light of cooperation may be easily developed, as it is In accordance with the Annex, the G7 is the potential sanction violations, particularly if based on existing legal frameworks in these committed to working with financial sectors in current plans consider paying a ransom. areas, including national legislation. It remains those countries to combat ransomware. The Shortly before the G7 announcement, to be seen how this step would be implemented Annex emphasizes the following: similar steps were addressed by the US and what its effects would be, especially in light • The G7 commits to coordinated action to Treasury Department. On October 1, 2020, of the mixed reactions in the case of the US mitigate this threat. Coordinated responses will the US Department of the Treasury issued advisories. Apparently, even in the absence of encompass where possible information sharing two advisories to alert companies about a conclusive rule excluding ransom payment, (including financial intelligence and cyber ransomware risks. The Treasury’s Financial strengthening adherence to anti-money techniques); economic measures (including the Crimes Enforcement Network (FinCEN) laundering and counter-terrorist financing rules option of targeted financial sanctions against issued Advisory on Ransomware and the Use of the in the context of ransomware may gradually Financial System to Facilitate Ransom Payments. influence G7 markets and possibly affect It refers, inter alia, to the involvement of digital norms of behavior in other markets as well with forensic and incident response companies, respect to the calculus in ransom payment of cyber insurance companies, and money victims and their service suppliers. The latter service businesses in facilitating ransomware group, which includes incident response and payments to cyber criminals. It highlights forensics companies, as well as insurance their legal obligations in relation to money companies, may update risk assessments and laundering under US laws and regulations. their risk-based compliance programs,in order The Office of Foreign Assets Control (OFAC) to minimize exposure to regulatory violations. issued Advisory on Potential Sanctions Risks Companies that these developments may be for Facilitating Ransomware Payments, which relevant to their activities, should follow these highlights the sanction risks associated with developments, and consider their specific facilitating ransomware payments on behalf of circumstances with their legal advisers. • victims, and encourages financial institutions and other companies (such as those involved The writer is a Partner at Lipa Meir & Co. in providing cyber insurance, digital forensics, Advocates and Head of Cyber Affairs and incident response) to implement a risk- & AI Practice. (Freepik.com)

Legal edition • 21 • Winter 2020 איימי בכור-בוני ושות' עורכת דין ומגשרת ‘My profession Adv. Eymi Bechor-Bouni Founder of the law firm Eymi Bechor-Bouni Specializes in Family and Inheritance Law is my mission’ | By Neria Barr

ymi Bechor-Bouni has been a lawyer process is difficult and painful, but it can before a French judge, so that the Israeli for more than 20 years. She became a be turned into a training process so that magistrate can rule in accordance with member of the Israel Bar Association in in the end, beyond the legal success, the French law,” she recounts. E 2000. Upon receiving her certification, client comes out with tools to go on with “We also collaborate regularly with an she established the Eymi Bechor-Bouni life and have a clear road map for a better office in New York,” she says, “In many Law Firm, which specializes in divorce future.” inheritance cases related to the United proceedings, wills, and inheritances. Bechor-Bouni offers her clients a tailor- States, the deceased has property in “When I set up the firm, I wanted to be a made process. “Each client receives Israel, as well as the US. The deceased pioneer in creating a different perception something different, an approach that is may have lived in Israel or part of the time about the divorce process. I wanted to appropriate to his/her needs and true to in the US, so it is necessary to find a way provide professional legal service at the his/her life and the specific point that he/ to follow the law in both Israel and the highest level but not to compromise on she is at,” she says. US but to avoid paying double taxes,” she values, humanity, and understanding. “In a divorce situation, the crisis affects says. Divorce is a major life crisis, and I wanted not only the couple but everyone around “Managing a large estate where some to enable my clients to manage the crisis them as well – the children, of course, of the heirs are in Israel and the others in the best and most appropriate way,” she and the extended family and friends. My live abroad is more complicated. In such explains. specialty is determining what the right cases, we must work in accordance Over the years, she has handled strategy is for each case,” she stresses. with the law in Israel and elsewhere. many complex cases in all areas of In addition to setting the strategy, When necessary, we combine experts in personal status in the family courts and Bechor-Bouni litigates in court. “That taxation in Israel and abroad in dealing the rabbinical courts and has helped is the part I love the most – the with issues such as wills, contesting a thousands of families and divorcees performance in court. That’s where my will, and continuing power of attorney.” reach their goal in the most professional creativity, knowledge, and innovation are she elaborates. and effective way. Some of her cases expressed,” she asserts. With 20 years of advocacy under her involve companies, international divorce, She is especially excited when she belt and thousands of satisfied clients, multiple assets, estates and family resolves family issues – emotional, Bechor-Bouni enjoys going to work every disputes. mental, and financial – or complex day. “My office staff is made up entirely of cases that involve division of options or “I love my profession. It doesn’t feel experienced women. We provide every liquidation of family companies. like work – I feel that I am fulfilling my client with a very high standard of service, “Sometimes I do research in areas that mission. After completing my studies and and we constantly update ourselves in are not family law so I can find the proper specialization in the field, I was able to all areas of law in Israel and around the economic solution. Handling divorce be much more precise about my goals world, with an emphasis on family law,” cases, wills, and family law in general and how to achieve them. My great For further she says requires an understanding in many areas satisfaction is derived from moving my information about “Divorce is a traumatic event. As with such as economic issues -- taxation, clients past a major crisis in their lives any dramatic change in life, if you don’t real estate -- cases that involve selling and helping them chart an exit strategy Eymi Bechor-Bouni act correctly and wisely, it will be a painful property or working with other countries,” from the maze and leading them to a Law Firm: experience that will leave a scar. But like she explains. state of stability and relaxation, where any crisis, it is a challenge. And we grow “We had a large divorce case in they are wiser and more empowered,” Tel: +972 3 546-9118 from challenges,” she asserts. conjunction with France, which required she says. “It is important for me to convey us to cooperate with a law firm there. In “Beyond the legal aspect, I deal a lot Fax: +972 3 546-9119 empowering messages to our clients. Israel, property matters are adjudicated with family puzzles by showing them [email protected] That is why I am not satisfied with according to where the marriage took how things will look. I get excited when advocacy alone. I am also a mediator place. If the couple was married in France, I succeed in moving a family or an www.eymi.co.il and personal coach. That way, we can the division of property will be under individual forward and am a partner in provide our clients with comprehensive French law in the Israeli court. It is our job that life-changing process. My goal is to holistic treatment in all aspects of their to tell the Israeli court what would have show them that things can be different photo credit: Inbal Marmari personal struggle,” she says. “The divorce occurred if the case had been brought and so much better,” she says. •

Legal edition • 22 • Winter 2020 Liane Kehat Law Offices and Notary Implications of EU regulations

Adv. Liane Kehat for family law Founder of the law firm Liane Kehat Specializes in Family and Inheritance Law, Representation of Foreign Residents and Olim Hadashim in Israel | By Liane Kehat

nternational regulations in the European which she filed in a French court when date of adoption of the Hague Convention Union are proliferating in all areas of law, she sought a civil divorce. It argued that in France) but before January 29, 2019, from inheritance law and family law to these were spouses who have lived and immigrated to Israel and received I commercial matters in the country for 25 years and whose Israeli citizenship, the law that will apply EU Council Regulation 2201/2203, common property and life were in the to their marriage is the law of their which entered into force on March 1, country. Therefore, in its opinion, it must first place of residence after marriage. 2005, concerns jurisdiction in matters be determined that for convenience, However, if they have not entered into a of divorce and parental responsibility, as efficiency of hearing -- the possibility of financial agreement and have not chosen well as the recognition and execution of bringing witnesses, considerations of the law that will apply to the financial decisions in matters of financial relations. effectiveness, as well as considerations relations between them, then after their This arrangement sets out criteria for of fairness and reliance of the parties immigration to Israel and the acquisition granting jurisdiction to a state that is a -- the rabbinical court in Israel will have of Israeli citizenship, Israeli law will member of the EU. jurisdiction and not the court in France. automatically apply to the financial Among the criteria that confer The French court, for its part, also ruled relations between them. jurisdiction for a particular country in the that the court in France had jurisdiction. The new regulation that applies to EU is a couple’s last shared residence, as It is worth noting that this matter has spouses which entered into force as of well as joint citizenship for the couple. reached the highest court in France. January 29, 2019, does not provide for The regulation does not establish a The question is how the court will an automatic change of law beginning in hierarchy between the criteria and hence decide when the connection to France the absence of a prenuptial agreement, the right of the litigant to choose the will be closer. For example, spouses who but it allows the couple or either of them criterion that suits him/her for the purpose have not lived in Israel for a long time and to demand that the law apply to the of choosing the jurisdiction that will apply in have a place of residence in France, run prenuptial relationship according to the his/her case. Thus, for example, a pair of a business in France, own property there circumstances of the case of the couple’s new olim from France who have retained and more. relationship. For example, spouses who their citizenship can sue each other in Another European Council resolution, immigrated to Israel from a country France on divorce issues and have them 1103/2016, which entered into force on belonging to the European Union and yet be binding, based on the regulation. The January 29, 2019, and is concerned inter maintain close ties with their country of claim that France has no authority would alia with the law applicable to matters origin or divide their time between the be contrary to the rules of the European of property regimes (financial relations), two countries can apply to the property international arrangement and would be establishes new rules regarding the law relations between them of the law of their rejected by the French court, even though that will apply to spouses who married country of origin even in the absence of the couple resides in Israel. after January 29, 2019. While the 1978 a financial agreement, provided that they A French court will have jurisdiction Hague Convention stipulates that in the prove that this is the state with which they For further over such a spouse even without the absence of a marriage agreement, the have the closest affiliation. In that case, information about consent of the other spouse, unless the law applicable to the couple’s financial the above law will be applied to all the legal jurisdiction was previously seized relationship is the law of the couple’s assets of the spouses. Liane Kehat in Israel. Regulation 2201/2003 does not cohabitation after their marriage, the new In summary, global life and changing Law Firm: apply to alimony issues. However, by virtue European regulation takes into account times require us to be careful when it of this regulation and in combination with the dynamics of global life and allows comes to new immigrants with dual Tel: +972 3 612-6367 another EU regulation, 4/2009, the French spouses who have not signed a marriage citizenship or foreign residents living Fax: +972 3 612-1034 court is empowered to discuss alimony agreement to apply the law of the state in Israel. The changes in European issues from the moment the authority with which they have the closest ties and regulations entail an opportunity for the [email protected] before it on the issue of divorce is seized. not necessarily the law of the place of spouse who is planning the divorce ahead Will the Israeli court delay proceedings residence after their marriage. of time to try to choose the forum that is www.famille- when such a procedure is taken abroad In addition, the new regulation most suitable for him/her. Therefore, in successions.co.il before the Israeli procedure is taken? In a automatically repealed the change in these cases it is advisable to consult with case heard in 2012, the High Rabbinical law, in the event of moving to another lawyers who are proficient in both legal Court rejected a woman’s claim that she country. For example: For French spouses systems that may apply to the couple at photo credit: Q Elite Beauty should be granted property and alimony, who married after September 1, 1992 (the the time of divorce. •

Legal edition • 23 • Winter 2020 Adv. Tali Yaron-Eldar Adv. Amit Gottlieb Founder of the law firm Yaron-Eldar, Partner in the firm Yaron-Eldar, Paller, Schwartz & Paller, Schwartz & Co. Partner, former Co: Lawyers specializing in taxation of trusts and income tax commissioner tax planning for high net worth individuals Creating a trust for future

generations | By Tali Yaron-Eldar and Amit Gottlieb

o one knows exactly when he or she will die. In recent years, against the background trust agreement, rules can be set for how But people can prepare for the inevitable. of changes in Israeli law and the need to the trust assets will be invested, how they Some people make a will in order to find suitable tools, the field of trusteeship will be distributed to future generations N determine and control the manner in which has developed in this country. It allows a with quality control and determining their assets will be distributed and who person to establish a trust to which certain conditions, and the dates when the the heirs will be. Others do not make a will. assets will be allocated and will act in beneficiaries will receive the trust assets Those people have no control over who the accordance with the instructions given by (for example, as a wedding gift, tuition, or heirs will be, as their identity is fixed as a the trustor. Such a trust is managed by a reaching a certain age). default by law. trustee chosen by the trustor. The trustee, Unlike a will, the trust continues to A will that is prepared as part of a well- who can be a professional (a lawyer, for exist until the time when all the assets considered thought process is a highly example) or another person, is obliged have been distributed in accordance with recommended thing. However, the power to act according to an express letter of the provisions of the trust agreement. of a will as an effective tool for transferring instruction and always for the trust for In fact, a trust can continue to exist for assets to future generations is sometimes which he or she acts. generations as long as assets remain rather limited. The most patent limitation in it. of a will is that it applies to the manner What is a trust? A trust can be used as a tool to in which a person’s assets will be treated commemorate and preserve the family only after death, and not when he/she is A trust is a legal instrument by which a heritage. Thus, in addition to determining still alive, although his/her authority may person (the settlor of the trust) transfers the identity of the beneficiaries of the trust, already be limited due to age or illness. The an asset that he/she owns to a trustee, some of the funds can be allocated as power of a will is also limited in determining who will hold the property for him/her for donations to, say, nonprofit organizations the identity of the heirs. For example, a the purpose of realizing a certain purpose and institutions, scholarships, or person cannot bequeath assets to an or hold it in trust for the benefit of another commemorative and heritage events. unborn grandchild. In addition, the power person (the beneficiary of the trust). Trusts are not subject to the provisions of a will is limited in its ability to order the The use of a trust is becoming more of the Inheritance Law. This means that transfer of assets from one heir to another. and more common. Trusts are no longer the restrictions that apply to wills are not For further The current reality is that life expectancy exclusive to the wealthy but also serve relevant when establishing a trust, even information about is increasing. Although this rise is not business owners and established families though it may continue to exist after the Yaron-Eldar, Paller, necessarily relative to a rise in the level who want to plan the future of their family death of the trustor or the beneficiary. of quality of life, experience has taught in the best possible way. Along with the benefits mentioned, a Schwartz & Co. us that it is necessary to find additional A trust, unlike a will, is not necessarily trust is often used as a legal solution for Law Firm: tools for people with assets to implement related to death. The trust can be tax planning in countries where estate tax while they have their full mental capacity. established during a person’s lifetime so or inheritance tax is imposed, such as the Tel: +972 74-7339222 This will enable them to maintain their that he/she can examine whether it meets US and the UK. business even after they die but also when his/her wishes and thus conduct a “fast- All in all, future planning is a vital thing. Fax: +972 74-7339223 their capacity is impaired. These tools will forward” in which he/she will examine The more assets one has, the better it is to [email protected] allow for the preservation of assets, the whether changes or adjustments should invest thought and time into planning the continued operation of assets, the efficient be made to the trust provisions or perhaps transfer of assets to future generations. www.yetax.co.il distribution of income, and the protection of even have it be terminated. Making a will and examining other options the interests of family members and other In a trust, it is possible to set definite such as creating a trust have the power relevant persons. But as explained above, rules and criticize the manner in which to preserve the capital that the family has photo credit: Tomer Yacobson a will is not a solution to all these issues. family capital is distributed. Under the worked hard to build up over the years. •

Legal edition • 24 • Winter 2020 Adv. Shlomit Adv. Shelley Bekerman Efrati Feuerstein Tayar Founder of the law firm Feuerstein Tayar, Founder of the law firm Feuerstein Tayar, Bekerman Efrati. Specializes in Family, Bekerman Efrati. Specializes in Family, inheritance, and guardianship inheritance, and guardianship On the front lines

of family law | By Alan Rosenbaum

euerstein Tayar, Bekerman Efrati Law start early when everyone is in good a child who is a US citizen, may want to Office is a boutique law firm specializing health,” she says. consider bequeathing their possessions in family, estate, and guardianship Shelley Feuerstein Tayar says that directly to the children of that child (their F law. The firm focuses on the inter- wills should be crafted according to grandchildren), to save a future tax event generational transfer of family funds the family’s specific needs. The primary when their child who is living in the US and financial management of high net goal in creating a will is not to restrict dies, and the property will pass to their worth families, using various legal tools the beneficiary but to prevent the loss grandchildren. such as prenuptial contracts, wills, of the family’s capital, ensuring that the The firm also specializes in drawing up establishments of trusts, and enduring family wealth is passed on to the next enduring power of attorney documents. power of attorney agreements. generation. This type of protection can They are crafted for a time when one The firm was established in 2013 as a be required if, for example, the surviving enters that stage of life when it is difficult result of a merger between the firms led by spouse has reached a state of cognitive or impossible to make independent Shelley Feuerstein and Shlomit Bekerman decline and is at risk of being taken decisions due to ill health, such as Efrati. The two well-known attorneys, who advantage of by other family members dementia, or even for a limited time after have a combined total of more than 30 or third parties. an accident. Someone who becomes years of professional experience, are Another common scenario is if the incapacitated without signing such an trusted by the Israeli courts and are held surviving spouse has remarried and later agreement loses the legal right to make in high regard. dies. Under such circumstances, it can decisions regarding financial matters, Shlomit Bekerman Efrati explains that be difficult to remove the second partner place of residence, and level of care. An the firm advises clients to look beyond from the home that he or she shared with enduring power of attorney agreement the monetary value of their assets and the deceased. Through a will, it is possible enables family members to make focus on the most important asset – the to establish protective mechanisms that decisions on behalf of the person who family itself. stipulate that the new spouse must leave has become incapacitated. “One of our principles,” she says, “is the home upon the death of the spouse. “This document gives people greater that when creating a will or an enduring The firm also specializes in minimizing control over their lives,” explains power of attorney agreement, the value tax exposure to beneficiaries of Israeli Bekerman Efrati, “and it retains their is not just in the house or large sums of wills who live in a foreign country that privacy and autonomy, keeping matters For further money. One of the assets that we want considers the will to be a taxable asset. within the family and outside the purview information about to preserve is the family relationship to One consideration that must be taken of the court.” Feuerstein Tayar, avoid arguments and disputes within the into account when drafting a will is the Feuerstein Tayar and Bekerman Efrati family.” tax issues that may apply at the time of are on the front lines of family law on a Bekerman Efrati She adds that the firm advises its death. The amount of tax is a function of daily basis. “We do it in court every day Law Firm: clients to practice “preventive” law and several variables, such as the residency in the areas of wills and guardianship. We to have documents such as wills and and citizenship of the deceased and the have practical experience in these issues,” Tel: +972 77-5515551 enduring power of attorney agreements type and location of the assets. With says Bekerman Efrati. prepared while the family members are intelligent planning, it is possible to save The pair frequently lecture on these Fax: +972 72-2110264 healthy and the familial relationships are significant tax costs and establish in subjects and work with experts in all [email protected] in a good state. advance, within the framework of the will relevant fields to obtain the necessary “Just as in preventive medicine, and outside it, mechanisms to reduce the information. • people have annual check-ups to prevent tax liability. For example, testators of a will photos credit: Rotem Fried, emergencies, we tell families that when it who are not US citizens, who have most *The firm is one of the leading firms in the Yariv Katz comes to legal documents, they should of their possessions in Israel and have Dun’s 100 Ranking

Legal edition • 25 • Winter 2020 Portuguese citizenship for descendants of Adv. Michael Decker Sephardic Jews all Founder of the law firm Cohen, Decker, Pex & Brosh Specializes in Immigration law over the world | By Michael Decker

The Law and its Implications death certificates, cemetery record, and bearing an identification number, is circumcision record (Brit Milah) and provided by the Ministry of the Interior. Portugal’s Passed in 2015, Portugal’s Law synagogue membership records. Having received the document, the of Return makes it possible for the It’s important to note that an applicant applicant is eligible for a Portuguese ID, Law of descendants of Spanish and Portuguese is not required to demonstrate that they and may request a Portuguese passport. Sephardi Jews across the world to are a practicing Orthodox Jew, or even obtain Portuguese citizenship. The Return Jewish at all. All that is required in order How long does it take to obtain a law was enacted to correct the unjust to be eligible for Portuguese citizenship Portuguese passport? expulsion that Sephardi Jews were is to prove descent from Jews who were subjected to in 1492 and 1496, granting expelled from Spain and Portugal during While times vary based on the the descendants the right to receive a the Spanish expulsion. speed of obtaining and processing Portuguese passport more than 500 the necessary documents, the entire years later. Step One: Approval of the process typically takes between a year Recently proposed changes to the law Sephardic community and up until two years. Conveniently, the would mean that only people who had applicant doesn’t have to visit Portugal lived in Portugal for two years would in Portugal before receiving the passport. be eligible for citizenship, drastically Following submission of documents reducing the amount of people who certifying Sephardic ancestry, the Advantages of a could apply. Fortunately, these changes applicant must receive a letter of Portuguese Passport have recently been rejected, and are not recommendation from one of the applicable, for the moment. accredited Portuguese Jewish A Portuguese passport is highly community. The currently recognized coveted because of the benefits it Requirements: How do communities are in Lisbon and Porto. provides to its holder. As a member Sephardi descendants receive The certificate is based on documents state of the European Union, Portuguese passport holders have a series of Portuguese citizenship? demonstrating the applicant’s claims, including family tree that traces their valuable economic, social, and religious Applicants must be aware of the lineage. The application also includes rights. They can own property across proof needed to apply for Portuguese a criminal records check to ensure that Europe, study in any European university, citizenship. Eligible descendants the applicant was never convicted of and gain unique tax benefits. must demonstrate family ties to the serious crimes. Moreover, citizens of the European Sephardic Jewish community, as seen Union are legally entitled to reside, from their family names, language, Step Two: Approval travel, and work in any of the Union’s For further traditions and ancestry. This can be of citizenship by member countries. Attempting to get difficult to demonstrate, so many years an employee-sponsored visa if you do information about Portuguese authorities Cohen, Decker, Pex & after the Sephardi Jewish community not have an EU citizenship can be both was expelled from Spain and Portugal, Having received a recommendation expensive and time consuming. With a Brosh Law Firm: but there are documents that can prove from an accredited Portuguese Jewish Portuguese passport, you do not need Tel: +972 3 372-4722 the connection: community, the applicant must send complicated permits or visas. It’s possible to use professional their request, along with the necessary Advocate Michael Decker, from Cohen, Mobile: +972 55-9781688 assistance of a genealogist that documentation, to the Ministry of the Decker, Pex & Brosh law firm, which will research an applicant’s family Interior in Portugal. These documents specializes in immigration law, sates: “If [email protected] tree, searching for evidence and include a birth certificate, copy of valid you are the descendant of a Portuguese www.lawoffice.org.il documents that show the applicant passport and criminal background Jew, now is the time to submit your has family connections with the check, all translated, notarized, and application. We would be glad to assist Sephardic community. Example sealed by Apostille. you through the process of applying for Assisted in preparing this article: documents may include a Ketubah, After the application is accepted, a Portuguese citizenship, or answer any Sasha Kishko and Mati Gordon Bar Mitzvah certificate, will, a property formal document, considered to be the questions you may have regarding this photo credit: Shiri Decker deed, family lineage record, birth and applicant’s Portuguese birth certificate issue”. •

Legal edition • 26 • Winter 2020 Planning for your Adv. Iris Yardeni Founder of the law firm Iris Yardeni Commercial Law, Aviation and Tourism Law, Wills, Estates and Continuing Power of future | By LIDAR GRAVÉ-LAZI Attorney, Labor Law and Real Estate

hen we are fully independent is the time you fulfil three goals, or the golden “This legal tool is especially important to prepare for the future,” Iris Yardeni, triangle, as I call it,” she said. “Equality for those who support their children or founder at Iris Yardeni Law Firm told among children; keeping the inheritance grandchildren and want to continue to “W The Jerusalem Post, as she sat down within the family by order of secondary ensure this support even if they should to discuss the complexities of wills, beneficiaries; and giving the spouse become unfit,” she said. inheritance, and continuing power of independence, while placing limitations Yardeni recounted a story about an attorneys in Israel. to ensure the inheritance stays within elderly father with eight children, who “If you did not prepare a will than the the DNA family.” was moved every two months from inheritance law determines how you However, Yardeni said that even if a child to child so they could care for him divide your inheritance. If you have smart will is drafted, it can always be in their homes despite the fact that he a will you can gain a good measure undone. “This is of immense importance had his own apartment. of control over your inheritance,” she in inheritance between spouses - they “It was a very heartfelt gesture from said. “Nevertheless, a will is not a magic want to ensure on the one hand that the family, but it was not what the father word; you need to know how to prepare the spouse inherits all or part of it would have wanted - and it was this one.” exclusively but also that the heirs of story that caused me to practice law According to Israeli law, Yardeni the inheritance of both spouses will in this field,” she said, “to look out for explained, when a married person eventually reach the joint children. This personal interests of those who come dies without a will, half of their estate can only be done with a mutual will.” to me.” is automatically given to their spouse Spouses can draft wills simultaneously Yardeni said that one of the most and the other half to their children and with a lawyer, making sure that each will important decisions to make in drafting if there are no children, then half to the is valid so long as the other remains these documents is to choose a lawyer parents of the deceased.” valid. “It is the ultimate will for couples, that can “identify if there is a dependency While this may sound simple and providing both with peace of mind.” factor or someone influencing you.” straightforward, Yardeni insists this “My advice is to use all the tools that “You need an experienced lawyer who formula does not take into account the the Inheritance Law provides for the will take the time to understand and gain numerous intricacies unique to each purpose of drafting a smart mutual will; a general picture of your family affairs family. but most importantly you must ensure so that they can best look out for your “When you don’t have a will, the that nowhere in the will does it state that interests and choose the right tools inheritance is very simple, but the it can be altered at any time.” for you,” she said. “There are so many inheritance law can often create Yardeni’s expertise also includes intricacies and alternatives that need to problems that the deceased would continuing power of attorneys, which be thought of.” object to had he been aware of them in is another very important area in family Most importantly though, Yardeni advance,” she added. law. “A continuing power of attorney is a added, is that when drafting such “What if I want to give more to my legal tool for a person to determine who documents, people “do their research For further spouse? What if I don’t have any children that person will be. This is a document and read, read, read,” she said. “I cannot of my own? What if I want all my children that goes into effect when you are no tell you how many times people come information about to inherit equally, but I have already longer able to make decisions on your to me saying they thought their will or Yardeni Law Firm: given one child a large sum of money? own.” continuing power of attorney said one What if my spouse remarries – how Yardeni said that these documents thing, when in reality it said something Tel: +972 3 568-8618 can I ensure that my inheritance goes should act as a complement to a will. else entirely.” to the new family? These are just a few “A legal guardian is chosen by the “So, my advice is to read the prepared Mobile: +972 50-8224457 examples.” court, but it is not necessarily someone documents carefully, ask questions [email protected] Neglecting to prepare ahead causes who you would have chosen,” she about the arrangements as they would major problems, says Yardeni. “It is also explained. “When preparing a continuing apply to different life situations, make www.yalaw.co.il very important to understand that a will power of attorney, there is really a sure your expectations match, and which is not properly worded, may add decision-making process that people ensure that the continuing power of disputes and conflicts down the road.” take to choose who will have power of attorney is written alongside the will,” photo credit: ORI YISHAI “What is a smart will? A will in which attorney.” she added. •

Legal edition • 27 • Winter 2020 The Chinese Adv. Amit Ben-Yehoshua International attorney who specializes in the axis of trade between China, the US, and Israel. connection | By Jason Blackshaw

barrier is also a factor. The problem is The combination of practical that there are hidden issues that are experience in hundreds of projects not apparent to the unwary foreign throughout China and his knowledge party. Chinese law has its unique of the law is a great advantage characteristics, and many foreign because the majority of the business companies quickly fall into very ventures conducted within China are costly traps that could have been subject to Chinese law. avoided if they had consulted with Ben-Yehoshua advises, “Many a lawyer who is well versed with the foreign clients and their attorneys Chinese business scene.” who are not familiar with Chinese Ben-Yehoshua, should know, as law try do business in China and he is licensed to practice law in enter clauses in the contracts, California and Israel and completed referring disputes to their home his Master of Laws degree in Chinese courts. This is often a very costly law at Tsinghua University (Beijing), mistake. It is very important that the which is recognized as China’s top client consult with a Chinese legal “Ivy League” university. He was the practitioner at the early stages of the first Israeli-American attorney to project to avoid fundamental errors.” complete an advanced degree in He adds, “China is an ancient The bund in Shanghai law in China. He lived in China for culture, and the Chinese expect you nine years, gaining wide practical to adhere to the Chinese way of doing experience in doing business there. things. It is vital that the foreign hina’s domestic market is growing He worked as senior counsel at the party be accompanied by a legal providing immense opportunities for Shanghai branch of the world’s largest team that focuses on China because Chinese and foreign companies alike. law firm, Dentons. For more than 20 the risks and challenges of doing C China’s population which exceeds years, he has garnered extensive business in China are very different 1.4 billion and its GDP of more than global experience as an attorney, from those of Western countries. In $14 trillion places the country as the entrepreneur, mediator, and arbitrator. the West, and especially in Israel, world’s second-largest economy. He is also a co-founder of the Israeli business people seek fast results. I While the opportunities are obvious, Chamber of Commerce in China and advise my clients to invest the time the question is how can Israelis and served on its board of directors. As to learn about the Chinese market foreign companies successfully an American attorney, Ben-Yehoshua and to make sure that they have For further enter into the Chinese market and was appointed to serve as vice chair strategic business plans and the full develop and cultivate their global of the China Committee of American support of a legal team that focuses information about business. Bar Association. on China.” Amit & Co., International Amit Ben-Yehoshua is an In addition to the recognition from With such wide experience in Law Firm: international attorney who the American and Israeli professional the Chinese legal and business specializes in the axis of trade community, he was the first Israeli- world, Ben-Yehoshua is a highly Israel: +972 3 928-1267 between China, the US, and Israel. American attorney to be appointed recommended attorney and He says, “Doing business with China to serve on China’s largest arbitration consultant for international US: +1 (818) 287-7939 is easier said than done. Whether one commission (CIETAC) and was companies that want to do business is an importer, exporter, or investor in We Chat: Amit-Law recently appointed to serve on the in China or companies that seek China or an entity seeking Chinese largest commercial mediation center assistance in dispute resolution, [email protected] investors, it is important to remember in Shanghai. He is also licensed as which includes arbitration and that China has a different culture and a notary by the Israeli Ministry of mediation. His excellent contacts www.amit-law.com a unique way of doing business. The Justice, assisting global companies in the Chinese business world can Chinese have a different tempo and in international translation and also be of assistance in formulating a strong emphasis on the importance certification of documents in strategic plans, finding investors, photos credit: Amit & Co., ingimage.com of personal relations. The language Chinese, English, and Hebrew. and developing joint ventures. •

Legal edition • 28 • Winter 2020 Adv. Haim Givati Adv. Yair Givati Founder of Haim Givati & Co. Partner of Haim Givati & Co. Real estate lawyer Real estate lawyer

How an 8th generation Israeli family law firm found a niche in the Anglo

Saxon purchasing market | By Alan Rosenbaum

re your parents American?” “How is Yair joined the firm just over a decade Even during the COVID-19 pandemic, it that you speak English so well?” ago, after completing his law degree at which has prevented tourists from These are questions that Yair Givati Hebrew University and spending a year visiting Israel, the firm has continued to ‘A hears on most of his calls from Anglos as a Torah Mitzion emissary in Silver help overseas clients make purchases looking to fulfill their lifelong dream of Spring, Maryland. This, along with many without ever seeing the property. This purchasing a home in Israel. Yair, an summers spent at camps in North special trust and relationship that eighth-generation Israeli, has no other America, enabled Yair to “get” English clients have with Yair is particularly citizenship, and neither of his parents speakers, be sensitive to their needs, important when handling significant has any Anglo-Saxon heritage. But in and understand their expectations. He real estate transactions from thousands the 1990s, when Yair and his brother has worked with clients from around of miles away. were in elementary school, his parents the globe, such as the US, England, “We use Zoom and whatever other foresaw the importance of English and Australia, Canada, and Hong Kong. means necessary to make our clients decided to relocate to Carmel College This father-son force of 60+ years feel comfortable with the situation,” in England for a year so their children of experience, in-depth knowledge of explains Yair. “We are also equipped could learn English. That was a bold Israeli bureaucracy and operations, to obtain all the necessary documents move for an Israeli family that had been along with a keen understanding of from abroad and guide our clients rooted in Israel for centuries. the needs of English-speaking clients, through important junctures, all the way Fast forward 30 years, and the make Haim Givati & Co. a very attractive to taking possession of the property.” family’s linguistic investment has paid boutique law firm. Yair has given numerous lectures to handsome dividends. Yair, who works There are distinct advantages to those interested in aliya, including an alongside his father, Haim, who founded working with a small law firm, Yair says. ongoing series for Nefesh B’Nefesh Haim Givati & Co., specializes in “Purchasing a home from afar or as a both in person at the Mega Event For further servicing Anglo-Saxon clients seeking new immigrant can be quite daunting, (back when it took place!) and at information about to buy and sell property in Israel. with many unknowns. I take the time smaller roadshows across the country Haim is a native of Tiberias and to explain how things work here in – and now through webinars. He also Haim Givati & Co. was a child messenger in the 1948 Israel and guide my clients through maintains a blog on his website (in Law Firm: War of Independence. He paid his way the process. I respect their concerns English), continuing to educate clients through college and received his law and always aim to provide a personal about the process of buying and selling Tel: +972 2 941-1001 and economics degrees from Hebrew experience,” he explains. property in Israel and how it differs University. He established his law firm The firm positions itself as a one-stop from transactions abroad. To view the Fax: +972 2 679-8891 in 1969, specializing in all matters shop for its clients’ needs. “We have blog: https://givatilaw.co.il/ [email protected] related to real estate, from transactions built a trustworthy network locally so Haim Givati & Co., with its innate such as buying and selling properties we can connect our clients with agents, understanding of the Israeli market www.givatilaw.co.il and rentals to complex business deals, mortgage brokers, financing, and help and knowledge of the needs of English development projects, corporate, non- them open a bank account, manage the speakers, is uniquely positioned to profit and, more recently, Tama 38 apartment, and get a home inspection,” handle the real estate needs of the photo credit: David Sherman projects. Yair says. discerning Anglo client. •

Legal edition • 29 • Winter 2020 Rubin: The veteran boutique law firm | By Jason Blackshaw

e live in very interesting times in which law firm offers notary services. interests of all the parties concerned. the tempo of change is the most rapid Morris Rubin was born and raised A clumsily or sloppily written contract in history. The social, economic, and in Cape Town and graduated from the may jeopardize the title deeds of the W legal environment is in constant flux. University of Cape Town in 1974 with property. In that regard, we require the services degrees in law and economics. He Dealing with personal and family of reputable law firms that can be also holds a M.Sc. in management matters is another issue of prime depended upon to help us navigate the from Boston University/Ben-Gurion importance to the firm. The rate of many pitfalls of 21st-century society. University. He offers legal opinions on divorce is increasing rapidly. Lawyers There are many because people get South African legal issues, mainly to must draw up papers regarding the married and divorced, they make wills South African olim who have interests division of property and the support of and endowments, buy and sell real in their native country. the offspring. estate, sue and are sued. In these Tamar Rubin was born in the United Life expectancy is also increasing. circumstances, people are in need of States. She made aliya from Chicago in This means that the need for medical trustworthy legal counsel. 1977 and received her law degree from powers of attorney and enduring One such example is the Jerusalem- Bar-Ilan University. powers of attorney is increasing rapidly. For further based law firm of husband and wife team Dealing in real estate issues such Many people fear that an accident may information about Morris and Tamar Rubin. Established as the sale or acquisition of property temporarily disable them and their Rubin Law Firm: in 1984, Rubin Law Office handles a by local and overseas clients is one of ability to make decisions or they may variety of legal matters. These include the firm’s major activities. Many people incur more lasting disability due to old Tel: +972 2 563-7768 the sale and acquisition of real estate. In believe that buying or selling a property age. An enduring power of attorney is this context, it is one of the few law firms is a simple, straightforward matter. It is a very sensitive document and must Morris: +972 52-2600917 that specialize in property transactions not. It involves a series of bureaucratic be expertly prepared to protect the in the areas of Judea and Samaria. procedures such as registering the interests of the principals. Tamar: +972 52-8838839 The firm also deals with civil litigation, transaction at the land registry offices A boutique type of family law firm [email protected] family law, prenuptial agreements, in Israel. No one should undertake the can be very suitable for those looking representation in family court and maze of these bureaucratic entities for a personal service law firm; one with www.rubin-law.net rabbinical court, debt collection/relief without the assistance of a reputable the individual touch that gives clients and bankruptcy proceedings. It is law firm. Furthermore, when buying or an ear to listen to their problems and also empowered to prepare enduring selling real estate, one should ensure concerns and a voice that can suggest photos credit: Rubin Law Office power of attorney. In addition, the that the transaction assures the best viable solutions. •

Adv. MORRIS RUBIN Adv. TAMAR RUBIN Attorney and notary MORRIS RUBIN was born and raised in Cape Attorney TAMAR RUBIN was born and raised in the United Town, South Africa. He graduated from the University of Cape Town States, made aliya from Chicago in 1977, and received her in 1974 with degrees in Law and Economics. He also holds a M.Sc. in law degree from Bar-Ilan University. In private practice Management from Boston University/Ben-Gurion University. In private since 1984, she specializes in civil litigation, family law, practice in Jerusalem since 1984, he specializes in Real Estate, Wills representation in both Family Court and Rabbinical and Deceased Estates, commercial law, and is a notary public, and as Courts, Hotza’ah L’phoal (execution office) and bankruptcy such – explains and signs young couples on prenuptial agreements. proceedings. Additionally, she is empowered to prepare His expertise in real estate representations in general, and Judea and Enduring Powers of Attorney. The personal touch gives the Samaria in particular, is sought after especially by overseas clients. He client an ear for listening to the problems and worries, and also provides expert opinions on South African law. a voice to express them and to seek a solution.

Legal edition • 30 • Winter 2020 Striving to Adv. Michal Mozes Founder of the law firm Michal Mozes Specializes in Family law, Divorce, Wills and Estates play fair | By Lidar Gravé-Lazi

person can enjoy the benefits of another to go to which court, and every case is side disgruntled,” she says. “I try to person’s assets, while the latter loses different.” identify the interests of both sides and nothing” is a Talmudic concept that She adds that if only one side wants to see how I can get my clients what they ‘A attorney Michal Mozes lives by. She divorce, it complicates matters further, want without the other side getting hurt.” is the founder of Michal Mozes & Co, as one must present valid reasons Mozes stresses that this strategy a boutique law firm that specializes according to the law. “If you do not, it can ultimately benefits her clients, their in family and inheritance law and the tie up your divorce process. So it is really assets and, most importantly, their economic aspects of divorce. not advisable for anyone to go to court families. As such, she adds that she Michal Mozes’ firm is ranked in the alone without a lawyer who specializes recommends that couples invest in Dun’s 100 as one of the most prominent in the field of divorce,” she says. “There a prenuptial agreement either before family law firms and is also ranked in are many things that you cannot control marriage or even during marriage, the BDI rankings as a leading firm. in a divorce process, such as the judge, explaining that should the marriage end Lawyer Michal Mozes is one of the most the other side. But what you can control, in divorce, it would make the processes veteran and most respected in the field and this is critical, is the lawyer that you much smoother. of family law. She writes many articles choose to represent you.” “I have seen people whose divorce in the economic press and is frequently In regard to Israeli couples that got proceedings ruined their life and interviewed in the written media and married elsewhere, she says that in caused significant financial losses. It is television and is considered a leading addition to obtaining a divorce in Israel a shame. If handled correctly, it can be authority in her field. The firm was through the Rabbinate, they must also avoided,” she says. “I always keep my founded in 1996 and has been operating file for divorce in the country where they clients’ best interests at heart.” • for 25 years. were married. Mozes believes that the COVID-19 Mozes says that the divorce process pandemic will likely bring about an is expensive and that ideally anyone increase in divorces, which she dubs who wants to divorce should seek a the “corona boom.” lawyer. She advises that they “make “Recent events have caused many an initial investment” and find the best couples to feel the strain, both personally match. and financially. As they say that after “You should have introductory the holidays the divorce rate goes up, meetings with two or three lawyers. so too after the coronavirus will we see That way, you learn about the lawyer, an increase in divorces,” she predicts. his or her strategy, and get a sense of Mozes says that the divorce process who would be the best fit for you and in Israel is a complex one, as the only your approach to the divorce process,” For further court that can legally provide a divorce she says. “Ideally, you should find a information about for Jews is the Israeli Rabbinate Court. lawyer who won’t get you into a bitter, “According to Jewish law, whoever got prolonged divorce process, where you Michal Mozes & Co. married under a rabbi needs to divorce in waste money, time, energy and cause Law Firm: the Israeli Rabbinate Court. It is the only damage to your assets and ultimately court that has the authority to provide a to your family.” Tel: +972 3 644-6100 gett,” she says. However, she adds, the In addition to her status as a family civil courts can handle the other aspects law expert, Mozes is a mediator and Fax: +972 3 644-6200 of the divorce, such as the division of CEO of the Israeli Family Disputes [email protected] assets and alimony payments. Center, which works in collaboration “There are different rules for each with psychologists in order to offer www.mozeslaw.co.il court, and many people divide them and dispute settlement through mediation. go to both courts,” she explains. “There “You have to be very creative in are interests and advantages to both drawing up agreements and finding photos credit: Ran Cohen courts, so it is important to know when solutions that will not leave the other

Legal edition • 31 • Winter 2020 Legal service with Adv. Michael Sacofsky Founder of the law firm Michael Sacofsky Specializes in Real estate a smile | By David Palmer

n the well-appointed suite of offices situated in Jerusalem’s upscale neighborhood of Rehavia is the Michael I Sacofsky Law Firm. Michael Sacofsky, 56, made aliya from London in 1986. For more than 30 years, he has been practicing law in Jerusalem. His firm’s specialty is real estate and property in the capital, with expertise as well in wills, enduring power of attorney, and other issues relating to family matters. While the firm’s loyal clientele have come to expect topnotch service in all legal matters, it is the warm, welcoming atmosphere of the office and the engaging charm of Sacofsky himself that they have grown to love and for which they return. Michael, who is married to Rachel, also a prominent lawyer at the State Attorneys’ office, leads a very full and busy life, with six children, ages 29 to 11, 2 grandchildren. Yet he manages these countries must put aside any Sacofsky, as he too was once a new to give his full attention to each of his preconceived ideas they may have when immigrant and recalls how challenging clients, treating them as close friends. purchasing real estate in this country. it was to navigate the legalities of a new Along with the sound legal advice and Consequently. it is the job of an attorney country. professionalism he provides, he greets to protect the legal interests of their The Michael Sacofsky Law Firm also everyone with a big smile, a warm clients when they are buying or selling deals with family matters. Attorneys handshake, and a lighthearted joke. property.” today have to draw up contracts and Seasoned lawyer that he is, Sacofsky’s Sacofsky is well versed in all the agreements of all kinds that will maintain passion is not limited to the law. He is complex details involving drawing smooth relations among family members, also a talented actor and singer. He up contracts, protecting the rights of such as wills, premarital arrangements has achieved a degree of fame among the buyer, the seller, and the tenant, concerning separation of goods and Jerusalem’s Anglo community, who registration of properties with the land property, and enduring power of attorney For further recognize him from the lead roles he registry office, and all the necessary for the aged and infirm. Sacofsky attends information about plays in quality English-language musical documentation confirming that national to these issues with sensitivity and theater productions. and municipal taxes have been paid in compassion. Always bearing in mind Michael Sacofsky His deep love for his homeland, full. In short, his years of experience have that he is dealing with real people with Law Firm: combined with his knowledge of the made him an expert in the sometimes real concerns and worries, he never takes ins and outs of Israeli real estate laws, maddening Israeli bureaucratic the “one size fits all” approach to his job. Tel: +972 2 567-0755 coupled with the fact that he is fluent in procedures, and he takes care of matters Each client is given the personal care and English and Hebrew, not to mention his quickly and efficiently – and always with attention that he or she deserves. Mobile: +972 52-3385027 genial nature, make Sacofsky a highly a smile. Sacofsky prides himself on his law [email protected] sought-after attorney for foreign clients The firm has handled hundreds of firm’s being a friendly company, one that seeking to purchase properties in Israel. transactions for foreign investors, as clients can rely on and relate to. He firmly “Real estate in Israel is very different well as new olim, smoothing over a believes that when dealing with any legal photos credit: Matan Sacofsky, from real estate in Europe and the process that is so central to a successful matter, one should also be a friend and a ingimage.com US,” Sacofsky explains. “Buyers from aliya. This is particularly important to shoulder to lean on. •

Legal edition • 32 • Winter 2020 Adv. Aryeh Rachlin Adv. Jane Olman The attorneys at Rachlin-Olman Law Offices specialize in representing clients in real estate transactions both in Israel and overseas and are well positioned to facilitate transactions for Real estate: Healthy clients who are purchasing real estate during these difficult times. With decades of experience practicing law in Israel, Adv. Aryeh Rachlin and Jane Olman and their associates focus on amid an ailing helping bridge the cultural gap between foreign and Israeli business practices. They help create a team that aids clients economy | By Henry Watson decide what and where to purchase and how to implement their decisions. The team, which is headed by an attorney, may include a real he COVID-19 pandemic is having a However, demand for real estate broker, a mortgage broker, an appraiser very negative effect on the Israeli estate, especially from overseas, and, when necessary, an architect or an interior economy as a whole, but its effect primarily the US, rose sharply and designer. T on the real estate market has been to unprecedented levels. Here are some of the services the Rachlin- much more muted. The Rachlin-Olman law offices Olman attorneys provide: In March of 2020, many are heavily involved in real estate • Due diligence and rights to the property: The businesses throughout the transactions with overseas clients. attorneys ensure that the property in question country began to shut down, albeit They report that they are handling is registered in the name of the seller and is temporarily. Other businesses purchases by foreign buyers free of liens of any kind. continued to operate because in areas across Israel, such as most of their employees worked Jerusalem, Tel Aviv, Ra’anana, • Contract negotiation: They negotiate the terms from home. Many government Safed, Givat Shmuel, Modi’in, Efrat, of the contract, such as declarations by the offices closed down because their Carmei Gat, and Netanya. American seller, payment terms, the date of transfer of employees could not work from buyers are especially interested possession and the condition of the property home. in luxury residential projects in when delivered. These developments were very Jerusalem. Some religious buyers • Signing the contract: They sign on the client’s worrying for businesses as a whole are gravitating towards properties behalf and deal with all tax reporting and and for real estate in particular, as in Beit Shemesh and the Ramat payments, mortgages, and other financial businesses in the real estate sector Givat Zeev neighborhood at the aspects pertaining to the transaction. feared that the entire industry northern edge of Jerusalem, just • Certificates: To complete a transaction and would grind to a halt. The steps minutes away from the city center. register it at the land registry office and show taken to try to prevent the spread US buyers are also seeking seafront proof of transfer of his rights to the purchaser, of the pandemic were causing a apartments, especially in Ashkelon, the seller must deliver certificates confirming wave of uncertainty, and it was a 40-minute drive from Tel Aviv, that all governmental and municipal taxes feared that demand for real estate where prices are much more have been paid or that the seller is exempt would dry up. Transactions such moderate. from paying them. as the purchase of a home are The reasons for this surge in • Transfer of the title deed: The deed is very costly. Consequently, in times demand from overseas are many. transferred to the buyer when all the terms of of uncertainty, such purchases For example, foreign buyers want the purchase have been met. are reconsidered as the financial to diversify their investments by • For overseas clients – Arranging for execution obligations are evaluated. purchasing real estate abroad. In of a Power of Attorney and other documents Furthermore, because of the the past, real estate investments required to sign the contract. They prepare restrictions imposed due to the in Israel have been very lucrative all documents necessary in order to sign the pandemic, local buyers were not from the perspective of capital contract. They inform their overseas clients permitted to move around freely and gain. Since things are expected Contact about which documents they must obtain and were thus prevented from viewing to eventually get back to normal how to obtain them. Rachlin-Olman their prospective purchases. The after the pandemic, purchasing Law Offices at: process of registering real estate real estate in Israel makes a lot of In Israel, all due diligence must be performed transactions was also delayed, economic sense. before signing a contract. The lawyer is Tel: +972 2 625-1522 since the relevant government The effect of the pandemic on the purchaser’s only representative in the offices were closed or on reduced local buyers has also been relatively transaction process, especially when managing [email protected] staff. The problem intensified muted. Local buyers know that the transaction from afar. Consequently, it is of in regard to overseas buyers, an pandemic or no pandemic, they prime importance to choose a reputable and important sectorin the local real still need a roof over their heads, so trustworthy attorney. photos credit: Rachlin-Olman Law offices, estate scene, as travel between their plans to buy a home are not Adv. Aryeh Rachlin and Adv. Jane Olman can be Sarah Raanan countries was prohibited. deferred. •reached at +972 2 6251522 or at [email protected]

Legal edition • 33 • Winter 2020 The revolution is here to stay | By Adv. Yonatan Adomi

uring my third year studying law at the Hebrew roles, might reject attempts to intervene with University, one of my favorite professors shared the traditional way of “how we do things.” Many an amusing story from his early years as an eyebrows were raised when the revolution of intern at the law office of Mishael Cheshin, the legal tech industry began to take shape D (Private) the legendary Israeli jurist. Cheshin told his some time during the previous decade. Adv. Yonatan Adomi intern that he had been collecting precedents, It is customary to describe legal tech as the Legal counsel of ThetaRay rulings, and other judicial decisions since he field of technology that aims to optimize legal was a young lawyer, and he wanted to turn work on one hand, and to simplify and improve them into a comprehensive index for the Israeli the accessibility of legal services to everyone legal system. The professor asked the junior on the other. In other words, the legal tech tools departments that specialize in exploring and members of his team to join him in the effort. operate in two simultaneous yet contradicting detecting new start-ups engaged in the legal They started sifting through piles and piles of paths: increasing effectiveness within legal tech industry (one of which is the sponsor of legal material, organizing and indexing them. services providers’ organizations; and providing the domestic Global Legal Tech Hackathon, The fruit of their efforts soon became the holy laymen who seek (simple) legal assistance an international contest between groups of grail for the local legal community members, the opportunity to overcome legal obstacles entrepreneurs competing to introduce the most and only a few select individuals actually independently or with less efficient (and thus promising legal tech “next thing”). The main possessed a copy of the material. less expensive) professional escort. objective of setting up these departments is to identify new technological tools that can be added to the firm’s tech arsenal, while shaping the future product. The main question that remains is “How will these changes affect the current and future legal industry?” Legal tech will probably render some basic legal actions redundant (as tech in general did in a wide variety of occupational fields). There is no reason to hire a lawyer to draft a simple legal instrument such as short- term rent when a quick cloud-based solution can provide a much less expensive and quicker option (using Leverton’s solution, for instance). Surely legal tech has the potential to perfect the legal services’ market, which suffers from knowledge gaps between the client and the vendor. Having said that, at the current stage, machine learning capabilities cannot replace the human mind when dealing with abstract and theoretical questions. Indeed, the law is a living entity, shaped and designed to serve evolving (TNS) social norms and perceptions. A behavior that Modern-day lawyers would probably find it Skepticism was the first sentiment that has been categorized as heinous today may be very difficult to comprehend how laborious it arose when this new trend appeared. Indeed, deemed acceptable or even desired in the future was to navigate through the intricate maze the private legal counsels had much at stake. and vice versa. Questions of morality, faith, and of the Israeli legal space, equipped with only Potential clients without legal backgrounds beliefs are not yet matters to be entrusted to hard copies of periodic Supreme Court rulings’ could quickly and easily form and register a new robots. compilations and professional literature that company, using, for example, the product of the Oh, by the way, does anyone have a copy of was buried in the university’s library. During Israeli start-up Ettorney, while existing clients Judge Cheshin’s guidebook? • the past two decades, technology has taken expected their counsels to perform their duties over almost every aspect of our personal and more swiftly, using professional tools, such as The writer is the legal counsel of ThetaRay, the professional lives. But for a long time, the only HotDocs, to draft contracts (and therefore bill leading provider of AI-based Big Data analytics, contribution the tech revolution had made for the for fewer hours). dedicated to helping financial organizations legal world was limited to search engines and However, it appears that the revolution combat financial cyber crimes such as money digital correspondence. For a while, it seemed is here to stay. Prominent law firms do not laundering, fraud, and ATM attacks, which are that this conservative professional arena, where want to be left behind, so they adapt to new used to finance terrorism, narcotic and human seniority, experience, and hierarchy play major methods. A few have even established in-house trafficking, sex slavery, and other malicious acts.

Legal edition • 34 • Winter 2020

CEO Jerusalem Post Group V.P of Commercial Jerusalem District Manager Advertising Inbar Ashkenazi & Strategic Partnerships Itai Benvenisti Tel: +972 3 761-9002 Editor Galit Erez Graphic Designer Neria Barr [email protected] Noa Zolty