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    Personal Liability for Debt to the Registrar of Companies
    2024-01-03

    The Insolvency and Financial Rehabilitation Law came into effect in 2019. The new law added a new cause of action for imposing personal liability on a director or CEO of a corporation in insolvency in respect of damages caused to the corporation and to its creditors, insofar as such directors and officers failed to take action to minimize the scope of the corporation’s insolvency.

    Filed under:
    Israel, Company & Commercial, Insolvency & Restructuring, Barnea Jaffa Lande, Insolvency
    Authors:
    Idan Miller , Hadar Eilon
    Location:
    Israel
    Firm:
    Barnea Jaffa Lande
    Increasing the odds of winning in an insolvent Corporation auction
    2024-06-10

    Acquiring an insolvent corporation’s operations during a legal proceeding (rehabilitation, recovery, or debt settlement) presents numerous business opportunities. However, the holding of an insolvency auction, an integral part of the sale, may threaten these opportunities. During a sale, the insolvent corporation’s trustee (or the administrators) needs to maximize proceeds from the auction to pay creditors. Therefore, the trustee must consider offers from additional bidders before accepting a proposal.

    Filed under:
    Israel, Insolvency & Restructuring, Barnea Jaffa Lande, Insolvency, Trustee
    Authors:
    Idan Miller
    Location:
    Israel
    Firm:
    Barnea Jaffa Lande
    Step-by-Step of Voluntary Liquidation in Israel
    2024-05-29

    Liquidation is a legal process that ultimately dissolves the existence of a selected legal entity. During liquidation, the company empties itself of all its economic content, followed by the dissolution of its legal entity. The primary purpose is to sever the connection between the company and its shareholders once the company ceases to operate and exist.

    The Israeli Companies Law outlines various paths for the liquidation of Israeli companies and also determines the process and schedule for each option.

    Filed under:
    Israel, Insolvency & Restructuring, Barnea Jaffa Lande, Liquidation
    Authors:
    Uri Hillel
    Location:
    Israel
    Firm:
    Barnea Jaffa Lande
    Doing Business in Israel: Insolvency Law
    2023-05-29

    The arrangements in Israel’s Insolvency and Economic Rehabilitation Law, enacted in 2018, include a series of special characteristics that must be taken into account when engaging with an Israeli corporation.

    The relatively new law incorporates various rulings from previous years, and the legal practice deriving from it is still evolving. Thus, some uncertainty still exists regarding how the courts are likely to implement some of the arrangements prescribed in the law.

    Filed under:
    Israel, Insolvency & Restructuring, Litigation, Barnea Jaffa Lande, Liquidation, Coronavirus, Insolvency
    Authors:
    Idan Miller
    Location:
    Israel
    Firm:
    Barnea Jaffa Lande
    The US-Israel legal review 2022
    2023-03-20

    A GLOBAL LEGAL MEDIA & NISHLIS LEGAL MARKETING PUBLICATION THE US-ISRAEL LEGAL REVIEW 2022 IN ASSOCIATION WITH: Israel’s Unicorn Success Story SNNOVATION The US-Israel Legal Review 2022 1 Contents THE US-ISRAEL LEGAL REVIEW 2022 2 WELCOME FROM THE PUBLISHERS Global Legal Media and Nishlis Legal Marketing 4 ECONOMIC HEADWINDS, A HOT WAR AND A TRADE WAR: THE IMPACT ON ISRAEL’S COMPANIES With rising interest rates, rising inflation and reduced growth forecasts, how has that reality been faced by corporate clients and start-ups? Arnon, Tadmor-Levy provide some answers.

    Filed under:
    Global, Israel, USA, New York, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Tax, Trade & Customs, Nishlis Legal Marketing, Foreign direct investment, Corporate governance, Blockchain, Private equity, Patent infringement, Big data, Venture capital, Mediation, Fintech, Due diligence, Artificial intelligence, Cryptocurrency, SIPP, Machine learning, Digital health, ESG, Personal data, Gaming, Cybersecurity, SPAC, ChatGPT, US Securities and Exchange Commission, NASDAQ, International Centre for Settlement of Investment Disputes, Committee on Foreign Investment in the United States, California Privacy Protection Agency, Silicon Valley Bank, Health Insurance Portability and Accountability Act 1996 (USA), GDPR, Federal Arbitration Act 1926 (USA), California Consumer Privacy Act 2018 (USA), California Privacy Rights Act 2020 (USA)
    Location:
    Global, Israel, USA
    Firm:
    Nishlis Legal Marketing
    Israel: Court-Ordered Insolvency Proceedings Are a One-Way Street
    2023-03-21

    A company in financial distress has three main rehabilitation and debt arrangement channels. Each of these channels entails advantages and disadvantages. Applying to the court for relief during the rehabilitation of a company in insolvency offers numerous advantages. However, it also entails a major disadvantage that many people are unaware of. Namely, the application is a one-way street.

    Filed under:
    Israel, Insolvency & Restructuring, Litigation, Barnea Jaffa Lande, Insolvency, Supreme Court of the United States
    Authors:
    Idan Miller
    Location:
    Israel
    Firm:
    Barnea Jaffa Lande
    Contractor’s Insolvency during a Real Estate Project - How to Minimize Damages?
    2023-01-23

    In recent years, Israel’s real estate and infrastructure market has experienced many cases of the corporate collapse of performance contractors. Just recently, a court ordered a temporary stay of proceedings against the construction company Tal Bar Construction and Supervision. The recent interest rate hike has also made headlines, including that it might hit performance contractors particularly hard. The collapse of a construction company affects not only the company and its creditors but also the project’s developer.

    Filed under:
    Israel, Construction, Insolvency & Restructuring, Barnea Jaffa Lande, Insolvency
    Authors:
    Idan Miller
    Location:
    Israel
    Firm:
    Barnea Jaffa Lande
    Fixed and Floating Charges on Intellectual Property
    2022-11-22

    The Supreme Court of Israel recently clarified the distinction between fixed and floating charges under Israeli law. While the decision of the Supreme Court did not specifically address charges on intellectual property, the tests set forth by the Supreme Court will likely affect the characterization of charges on such intangible assets under Israeli law. This decision takes on additional importance in the current economic climate, which may see more IP-rich companies in insolvency situations or looking to use their intellectual property assets to secure financing.

    Filed under:
    Israel, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Litigation, Patents, Trademarks, Arnon, Tadmor-Levy
    Authors:
    Eli Greenbaum , Shai Margalit
    Location:
    Israel
    Firm:
    Arnon, Tadmor-Levy
    Nothing Lasts Forever - New Israeli Supreme Court Ruling Expected to Reduce Legal Protection Granted to Managers and Board Members in Israel
    2022-02-13

    After a lawsuit filed by liquidators of a company that collapsed against the company’s former officers, directors, and independent auditors was dismissed in limine, a new Israeli Supreme Court ruling overturned that decision and allowed the liquidators to move forward with the lawsuit, alleging that lack of oversight was what led to the company’s collapse.

    Filed under:
    Israel, Company & Commercial, Insolvency & Restructuring, Litigation, Barnea Jaffa Lande, Board of directors, Electric vehicle, Liquidation, Coronavirus
    Authors:
    Eyal Nachshon
    Location:
    Israel
    Firm:
    Barnea Jaffa Lande
    What Should Creditors to Israeli Borrowers should Know about Israeli Insolvency Law
    2022-01-09

    We will review in this article the most important features of the Israeli Insolvency Law with focus on the following issues: the framework and types of the insolvency proceedings under Israeli law; issues related to foreign creditors, and debts governed by foreign law; the requirements for the perfection of security interest; the order of priority among creditors; restrictions on the realization of pledges after the commencement of insolvency proceedings and the risk of nullification of certain transactions entered into certain 'suspect periods' prior to the commencement of insolvency proce

    Filed under:
    Israel, Insolvency & Restructuring, Arnon, Tadmor-Levy
    Authors:
    Shai Margalit , Shiri Shaham
    Location:
    Israel
    Firm:
    Arnon, Tadmor-Levy

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