ACC Israel Chapter Newsletter

June 2010

 

Message from the President

Dear Members,

As the long, hot summer approaches, I think we can look back on this year's chapter activities with pride. We have expanded our programming beyond traditional legal issues to include business and career topics that affect our work and lives on a daily basis.

We also have reached out beyond our traditional core of high tech companies and established a forum for in-house counsel in funds and investment companies. This forum allowed us to dig deep into specialized subjects that its members face in their area of practice. This forum will be a model for us to reach out to other specialty groups and expand and vary our membership even further.

Next week you have the opportunity to get to know our current and future members at our 8th Annual Conference on June 16 at the Dan Acadia in Herzliya. You can read more about it below.

We look forward seeing you all there!

Best Regards,

Liz Cohen Yerushalmi

 

Federal Trade Commission and Department of Justice Issue Proposed Merger Guidelines

Wendelynne J. Newton and Leslie J. Harris, Buchanan Ingersoll & Rooney

Last week, the Federal Trade Commission and Antitrust Division of the Department of Justice )collectively the "Agencies") issued proposed revisions to the Horizontal Merger Guidelines ("Guidelines"), which outline the Agencies' methodology for assessing the probable effects of proposed mergers and acquisitions among competitors and ultimately for determining whether enforcement actions are necessary. The proposed Guidelines, containing the first reissue of and complete revisions to the Guidelines since 1992, were released for a public comment period that expired on June 4, 2010.

The Agencies have indicated that, over the past 18 years, their practices have diverged from the Guidelines. The proposed Guidelines reflect the expansive and flexible approach that the Agencies have utilized in recent years, with the most significant changes to the Guidelines relating to overall methodology, as well as market definition and concentration. In addition, the revised Guidelines specify the types and sources of evidence the Agencies might consider in assessing the probable competitive effects of mergers and acquisitions..

Read the full article here

An Introduction to EU Design Law

David Stone and William Corbett, Simmons & Simmons

The introduction of EU-wide design rights in 2003 heralded a new era of pan-European IP protection. Since then around 400,000 designs have been registered and this number is increasing at a rate of about 80,000 a year; indeed, the number of registered Community designs (“RCDs”) will soon exceed the number of Community trade marks (“CTMs”). The specific inclusion of logos and fonts within the scope of protection of the new rights and the obvious cross-over with trade marks, copyright and other IP rights (such as unfair competition and passing off) have heightened the importance of design rights and the need to take them seriously.

Designs have been registered by designers, manufacturers and marketers of many types of innovative products including textiles, clothing, footwear, jewelry, toys, sports equipment, industrial equipment, vehicles, packaging for food and drink, domestic goods, electrical goods and furniture. After a series of conflicting decisions from design courts in EU Member States, March 2010 brought the first EU court decision to discuss in detail several key aspects on the legislation. This decision provides an opportunity to review the law in this area and the creative ways in which the system is being used.

Read the full article here

Imposed Employment and Employment Conditions under the Israeli Employment of Employees Via Manpower Contractors Law of 1996 - To Whom Do These Apply?

Shoshana Gavish, S. Horowitz & Co.

More and more businesses are outsourcing their activities to manpower and service contractors, in order to reduce employment costs, increase independence in hire and fire decisions, and erode unions' bargaining power. The Israeli Employment of Employees via Manpower Contractors Law of 1996 contains two revolutionary provisions which partially combat the phenomenon of prolonged employment of temporary employees via manpower contractors: one imposing the employment conditions of the actual employer on the manpower contractor's employees and one creating an employment relationship between the manpower contractor's employees and the actual employer, after 9 months of consecutive employment with the same actual employer. These provisions do not apply, however, to service contractors in cases in which an activity has been genuinely outsourced. The question arises as to the distinction, in this connection, between purchasing manpower via a manpower contractor and purchasing a service via a service contractor.

Read the full article here

 

 

 

ACC Israel 8th Annual Conference

Wednesday June 16th, 2010

8:30 - 16:30

Dan Acadia Hotel, Herzliya

Join our sponsors, Simmons & Simmons, ZAG/SW and Meitar Liquornik Geva & Leshem Brandwein, in exploring In-House Challenges & Solutions. We have a full program, covering Israeli, US and European law in topics ranging from international contracts to litigation to mergers and acquisitions. See the full program here.

The Annual Conference is also a great opportunity to network and compare notes with your friends and colleagues.

Don't miss it – the Annual Conference only comes once a year! Register now!

 

 

 

The Job Market and Job Placement for Lawyers

David Zalmanovitsh, CEO, Glawbal

This article gives a brief overview of the job market for lawyers and the discrepancies between supply and demand in the market. We also give some tips on evaluating and placing lawyers in legal departments, based on our vast experience in the field.

Read the full article here

Welcome New Members

 

Ifaat Avital, Hutchison Water Israel

 

If you want to join ACC or renew your membership, please contact Avital Rozenberg at AVITALR@rafael.co.il.

ACC Resources at Your Service

Check out ACC's web site for resources that can help you in your practice every day:

Top Ten Tips for Negotiation

Ellen Zavian, Associate General Counsel of ACC discusses the top ten things to know before negotiating an agreement – right to the point and a great read!

 

Would you like to contribute to the ACC Newsletter? Be in our member profile? Comment on our articles? Please send your comments and contributions to maura.r@signalbd.com.

Learn more about ACC at www.acc.com and about our sponsors at www.s-horowitz.com, www.buchananingersoll.com and www.simmons-simmons.com.

The articles in this newsletter are informative only and do not constitute legal advice.