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    Practice Areas

    Commercial Law and Hi-Tech

    The complexities of commercial law require the utmost proficiency, experience and attention to detail. Our firm offers ongoing professional counsel in all facets of commercial law, working in close cooperation with leading firms around the world to craft the right legal protection to meet the dynamic needs of our clients, in a variety of fields and at all stages.

    Hi-Tech"Hi- Tech" is a term generally used in reference to business sectors which are engaged in the research and development, application or commercialization of cutting-edge advanced technological innovations.  From medical devices and technologies to agricultural related technological innovations – Hi-tech spreads over a wide spectrum of industries and impacts almost every aspect of the global business environment.

    The combination of complex and innovative technologies with highly sophisticated and ever-evolving business structures and practices, as well as the inherently international context of hi-tech ventures, makes the hi-tech sector a legally challenging environment to tread, and requires a high level of expertise, specialization and versatility on the part of legal practitioners to adequately meet clients' needs.

    Our firm deploys interdisciplinary expert teams to provide its hi-tech clientele with the comprehensive legal support they require in all aspects of their activities.  Commercial and corporate law experts work closely with IP specialists and patent attorneys to ensure that corporate structure, commercial and IP strategies are interwoven in an optimal manner and that each and every contractual engagement, both internally and externally, is meticulously designed to provide the optimal protection and results for the client, be it a start-up in its infancy stage or a mature, international corporation.     

    Venture Capital – Typical to the hi-tech sector, Venture capital (VC) is a form of private equity financing that is typically provided by venture capital funds based on the evaluation of their growth potential. Venture Capital investments are executed for equity or an ownership stake in the target venture (which may take the form of more elaborate structures such as a loan convertible into company shares) in a ratio which reflects the inherent risk undertaken by the venture capitalists in financing the venture at a highly uncertain stage with a high risk of failure.

    In view of the fact that venture capital investments, more often than not, entail terms far more favorable to the investors and are executed by way of highly elaborate and complex contractual documents, the importance of adequate legal representation for the target company is paramount.  

    Our firm has an extensive experience in representing target ventures, as well as investors, in venture capital transactions with funds, banking institutions and other venture capital investors, and has the know-how required to secure the most favorable terms feasible for the target company and/or investor under such transactions, whilst preserving the ability of the venture to proceed to further capital recruitment rounds unhindered.

    Corporate Law – Corporate Law covers a wide range of matters which are absolutely critical to the unhindered growth of any company. Those include, amongst others, registration and incorporation (including Articles of Association), founders’ and investors’ agreements, representation in investment agreements and negotiations, management of mergers and acquisitions, corporate purchases, due diligence, as well as ongoing counsel on matters of corporate governance, legal registration and reporting requirements, respective relationships and distribution of power and authority between the company's Board of Directors, General Meeting of Shareholders, CEO and other organs of authority.

    Often, inadequate management of corporate law of a venture's activities at the early stages, results in obstacles to its later growth when it comes to due diligence examinations, investment procurement or exit events such as a merger, acquisition or an IPO. Poor drafting of corporate documents may also result in unresolvable internal power struggles and disputes at the later stages of a company's lifecycle which are detrimental and sometimes even fatal to the company's success.

    Our Corporate Law experts will ensure that legal aspects of the venture are continuously and meticulously executed in anticipation of forthcoming events and in a clockwork fashion, to facilitate the smooth transition of the company to the next steps of its lifecycle. 

    Commercial Agreements – Virtually any and all business actions by a venture need to be backed by solid commercial agreements to secure the rights and interests of the venture within and outside such activities. Commercial agreements include, for example, licensing and OEM agreements, joint ventures and strategic alliances agreements, technology share agreements, supply and manufacturing agreements, research and development contracts, option contracts, agency agreements, and many more.

    Good commercial agreements are the result a combination of extensive knowledge in commercial and contract law together with in-depth hands-on experience in the business and strategic aspects of the transaction and the ability to anticipate possible future scenarios. 

    Our legal team has extensive hands-on experience in negotiating, constructing and drafting complex international commercial agreements and implements an interdisciplinary approach which ensures that all legal and business aspects are addressed systematically to the benefit of the client. 

    Foreign Companies – International legal services require a distinctively different set of skills and a compatible logistics infrastructure. When it comes to the international legal arena, our firm has extensive experience.

    Whether it is an off-shore incorporation, an international or multinational commercial transaction, a cross-border enforcement or protection action – we provide ongoing comprehensive legal services to overseas clients operating in Israel and Israeli clients operating globally, across many industries and business sectors.

    In cooperation with our many international associates worldwide, we are able to continuously support our clients' cross-border operations everywhere, at any time and on any matter, whilst taking into consideration private international law, foreign jurisdiction implications as well as business culture diversities.

    Our Experts

    FAQs

    When is the right time to establish a company?

    To the extent that resources permit – the right time to establish a company would be once your venture starts contractual relations with third parties, as the company’s structure provides the entrepreneur with a legally protective veil. Otherwise – once the venture has a substantial need to incorporate either for business reasons (such as contemplated PR or other promotional activities or efforts to attract investment), tax benefits reasons (substantial expenditures or revenues’ stream), or other practical reasons (for example – IP registration phase with multiple inventors).

    Why is protecting IP so important for the high-tech and venture capital sector?

    In the start-ups’ universe, where most companies are not generating value through revenues, IP constitutes the most important and arguably – the only value-enhancing agent. Therefore, protecting the venture’s IP means, to all intents and purposes, protecting the venture’s market value and business viability for capital recruitment, mergers, and acquisitions, etc.

    What must I know before turning to VCs for investment?

    One must consider that VC’s investment, more often than not, entails terms and conditions that are far more favorable to the investor than other avenues of capital recruitment and highly complex legal and contractual infrastructure. It is, therefore, extremely important to obtain professional expert advice from the very early stages of the process and throughout.

    Relevant Articles

    How Was 2022 for Israel in Intellectual Property? – THE US-ISRAEL LEGAL REVIEW 2022
    The past two years have brought many COVID-19-related challenges in almost every aspect, but as far as IP in Israel is concerned, it also created opportunities.
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    Legal Business magazine – Israel 2022: The advantages and the disadvantages of a small country
    The past two years have brought many Covid-19 related challenges in almost every aspect, but as far as intellectual property (IP) in Israel is concerned, it also created opportunities. Israel was not unprepared; its extensive experience in dealing with crises, coupled with its top technological abilities, have proven themselves equal to coping with the pandemic.
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    The Importance of IP in a Technology-Based Economy – THE US-ISRAEL LEGAL REVIEW 2021
    Israel’s extensive experience in dealing with crises has proven itself during the COVID-19 pandemic. Kfir and Michal Luzzatto review the unique characteristics of IP in Israel, as well as the steps that Israel has taken to grow in times of crisis.
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