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Environment, Cleantech and Climate Change
Environment, Cleantech and Climate Change  During recent years there have been significant developments and changes in the field of environmental law, and particularly with respect to investments in Cleantech, which have impacted on almost all business activities in Israel and worldwide. In addition, the reporting requirements and officers' liability in connection with environmental issues have been significantly enhanced in recent years. These changes and developments necessitate increased legal assistance and counseling.Shibolet established its environmental practice several years ago and provides legal services in this important field to investors in environmental technologies, entrepreneurs, funds, and corporations which encounter or may encounter issues and problems in the environmental field. Adv. Orit Marom-Albeck is head of the Environment, Cleantech and Climate Change (EC&CC) practice at Shibolet & Co. Adv. Marom-Albeck, who holds a degree in Chemistry from Tel Aviv University, has been practicing environmental law for over a decade, handling the scientific and technological issues from a legal perspective. Adv. Marom-Albeck has practiced in both the public and private sectors. She has interacted with governmental authorities, both in litigation cases and as legal counsel in both domestic and international transactions, which has substantially contributed to the already significant experience and expertise Shibolet has acquired over the years in this field. In addition, Adv. Marom-Albeck teaches environmental law courses in academic institutions, has published articles in this field and  together with our firm, co-authored a book which contains the major precedents in criminal, civil and administrative proceedings in the environmental field.Furthermore, Adv. Marom-Albeck has special expertise in the Kyoto Protocol, Cleantech, Climate Change, "green" energy, and trading of emission reduction units. Adv. Marom-Albeck prepared a legal opinion for the Israeli Ministry of Environment regarding the establishment of a national body for the Clean Development Mechanism established under the Kyoto Protocol, and was actively involved in international commercial contracts in this field.The Environment, Cleantech and Climate Change practice group at Shibolet & Co. primarily,provides the following services:  Legal counseling to clients regarding the adoption and implementation of     environmental corporate policy, including counseling vis-a-vis compliance with regulatory requirements and demands, identification of discrepancies and potential  hazards, adopting requisite policies to comply with the regulatory requirements, providing appropriate tools with respect to officers’ liability, preparation of corporate compliance programs, counseling regarding reporting requirements and more;  Legal counseling in transactions involving environmental issues, conduction of due diligence and drafting contracts in this field; Counseling with respect to the Kyoto Protocol, Cleantech, Climate Change, "green" energy, and trading of emission reduction units, including drafting of contracts on these issues. Legal counseling to investors, entrepreneurs, funds, and corporations in this field including in international transactions. Representing clients in disputes and crisis, including before authorities and    judicial tribunals.
Banking and Finance
Banking and Finance Shibolet & Co. has a strong banking practice representing both business clients in their negotiations with banks, and banking institutions. Shibolet has been closely involved with the Bank of Israel, helping to facilitate all the legal preparations affecting the opening of the Tel Aviv branch of a major international bank. With the increased activity in privatization, Shibolet has developed expertise in project finance, representing business entities in obtaining financing for their projects and financing closures.As part of the "one stop shop" concept, in which the firm offers integrated legal services, the banking and finance practice group accompanies financial transactions in the fields of energy, renewable energy, infrastructure and project financing. In addition, the practice offers its expertise in matters related to venture capital investments. As a prominent law firm in the areas of high-tech, project financing and energy, Shibolet & Co.'s banking and finance practice is a significant leader in the market.The firm’s clients include majors Israeli and foreign banks and other financial institutions. The firm represents a leading European bank in Israel and has been closely involved with all the legal aspects affecting the opening of its branch in Tel Aviv.Shibolet serves as the legal counsel for the Association of Foreign Banks in Israel, a non-profit organization which aims to jointly promote the goals of foreign banks in Israel. The members of this association include major foreign banks that are active in Israel.
High-Tech and Venture Capital
Shibolet & Co.'s high-tech and venture capital practice is among the largest and most recognized in Israel, as more than half of the firm's entire practice is high-tech related, the high-tech and venture capital practice group includes eight dedicated high-tech partners and overall the firm puts forward more than 50 professionals that are involved on a daily basis in the various aspects of the Israeli high-tech industry. Shibolet 's high-tech practice encompasses all aspects and areas of technology from research and development to technology transfer, commercialization of technologies , high-tech manufacturing, fund formation and  investment activities. For over three decades, the firm has represented entrepreneurs, start-ups, mature technology companies, venture capital funds, multi-nationals, angel investors and corporate investors for all their M&A and other transactional and financing needs. Shibolet provides its technology clients, both start-ups and mature companies, a full range of services, including corporate, securities, mergers and acquisitions, complex cross border commercial transactions, intellectual property, tax, litigation, labor and employment and environmental law advice. Shibolet has established some of Israel’s leading venture capital funds and represents them and other domestic and foreign funds through their investments and due diligence processes. The firm has special expertise in this practice from the early days of the Israeli venture capital industry and acts extensively on behalf of major Israeli, U.S. and European venture capital funds with respect to their investments in portfolio companies. Shibolet has acted as legal advisor to the Technological Incubator Program of the Office of the Chief Scientist (OCS) since its inception, and has served for many years as special counsel to the OCS. The firm represents a number of privatized technological incubators.Shibolet also boasts extensive expertise in structuring alliances, joint development and joint venture agreements among various high-tech companies, and in the negotiation and drafting of complex technology and IP-related transactions, including licensing, OEM and technology transfer agreements. The firm has also a special expertise in representation both of, and versus, technology transfer or commercialization offices (TTOs) of universities and academic research institutionsShibolet's high-tech practice has special dedicated expertise in most of the high-tech vertical sectors Israel, from semiconductors to communication, enterprise software, mobile applications, gaming, internet & new media, cleantech, medical devices and life sciences. Probably more than any other firm in Israel – Shibolet's high-tech partners have an overwhelming experience in cross-border transactional work, extensively representing clients not only in or from the U.S. and Europe, but also China, Japan, Korea, India and many other countries in Asia and Africa.   The firm has special expertise in representing multinationals and their subsidiaries in their activities in Israel, and acting as legal counsel regarding, among others, their intellectual property structure, R&D and governmental grants, regulatory approvals and tax issues. Shibolet's high-tech group, in cooperation with the U.S. firm Fenwick & West, issues on a regular basis the only survey that covers legal terms of venture capital investments in Israel, and compares them to the practices of the Silicon Valley. For the English version of the Survey (First Half of 2012) click here. For the Hebrew version click here.The partners of the high-tech group are considered to be opinion leaders, and are invited on a regular basis to present and lecture in conferences of the Israeli high-tech industry and frequently publish professional articles in industry and business media.  
Labor and Employment Law
Labor and Employment Law Shibolet recognizes that human resource legal issues involve the people that are the core of clients’ businesses, and that labor and employment related legal issues are crucial both in the day-to-day activity of corporate clients and in the framework of local and international business reorganizations and transactions.Shibolet’s labor and employment team is highly experienced in applying the necessary delicate integration of compliance with highly regulated law, on the one hand, together with corporate managerial considerations, including retention and incentive aspects; organizational sensitivities in situations of personal life events, reddundancies, disciplinary actions, etc. on the other.Shibolet’s labor and employment attorneys work closely, and are familiar with the unique needs of both human resource departments of multi-national and publicly traded entities, and the management of emerging “start-up” companies.  They provide a wide range of services in order to create productive working environments that are compliant with Israeli Labor and Employment Law. The labor and employment practice includes:  Accompanying labor and employment aspects of complex M&A transactions;Due diligence and disclosures in the framework of transactions and IPO’s;Adapting global employment policies, handbooks, agreements and forms to meet  Israeli labor and employment requirements and environment; Advising on a wide-range of employment related legal issues; Formulating “custom made”agreements, practices and policies regarding hiring, ongoing employment, separation, severance, etc., as well as  specific fields such as sexual harassment prevention and privacy matters, Proper use of company computers, internet and e-mail, and other matters arising from the company-employee relationship;Counselling and drafting regarding sensitive issues such as employees’ confidentiality, Intellectual Property Assignment, Non-Competition and Non-Solicitation;Advising and accompanying legal aspects of executive and expert relocations   to and from Israel;Non-employee human resource arrangements, such as consultants, contractors, outsourcing, etc.; Designing employee and executive options, stocks, RSU or other equity/cash compensation and retention plans, including adaptation of existing international plans for beneficiaries subject to Israeli taxation;Litigation and representation of clients in the Labor Courts and ADR procedures;Shibolet & Co.'s labor and employment team regularly circulates “Client Updates” and gives lectures and presentations on the dynamically changing requirements and trends in Israeli Labor and Employment law.
Intellectual Property
Intellectual PropertyWith the rapid advances in technology, the reputation of Israel’s high-tech and life science industries has come to be recognized as a valuable national resource, supplying a major impetus to the country’s economy. Israel’s tradition of creativity and entrepreneurial drive combined with an individual sense of responsibility for achievement have propelled the relatively small country to a world presence in scientific and technological development. In a recent survey, Israel ranked number six worldwide as a country that was awarded the most patents by the US Patent Office on a per capita basis. Israel is a member state of the Paris Convention, the Patent Cooperation Treaty (PCT), the Berne Convention, the Universal Copyright Convention, international trademark conventions including Madrid, Nice, Lisbon and Strasbourg Agreements, and has effected TRIPS-related legislation to advance harmonization of international protection of intellectual property rights.  Israel’s active and modern Patent and Trademark Office affords protection for patents, trademarks and design registrations to applicants from around the world.  Shibolet understands that intellectual property rights are one of the most valuable assets belonging to a start-up company or a mature enterprise engaging in continued research and development.  Along with a strong focus on the intellectual property rights in the development of hardware and software, the firm’s expertise has successfully expanded to include the burgeoning market of biotech and life sciences. The firm’s attorneys are active and highly knowledgeable in the ever-growing body of laws and regulations pertaining to this industry.  The scope of services offered by the firm’s Intellectual Property team include:Review of patents, trademarks, copyrights and design applications, and evaluation for potential exposure to domestic and foreign infringement claims, including pre-registration searches and patentability opinions; Expert patent drafting and evaluation by patent attorneys and technical experts in the fields of: computers, electronics, communications, power systems, mechanics, optics, physics, semi-conductors, biomedical engineering, biochemistry and biology; Filing and registration of IP rights with all patent offices and administrative bodies, such as the PCT, Israel PTO, USPTO and other patent offices and official registrars worldwide; Formation of joint ventures and other partnership entities; Engagement in a wide range of intellectual property litigation to ensure effective enforcement of IP rights before all judicial and administrative bodies in Israel and worldwide, including infringement actions and opposition proceedings; Support services for operational frameworks in order to enable client flexibility in the global market by way of, inter alia, assignments, sale and acquisition agreements, non-disclosure agreements, licensing, confidentiality, and employment agreements adapted for each individual client; Maintaining contacts with local agents all over the world for successful prosecution and enforcement of IP rights; Negotiatiing and drafting technology-related agreements involving software and product licenses, broadcast and communications agreements, multi-media development and Internet matters; Due diligence evaluations.
Telecommunications Media & Internet
Telecommunications Media & Internet Whether serving as a leading legal force behind the construction of the major Israeli- international underwater telecommunications cable system or negotiating on behalf of Israel's largest communications carrier, Shibolet provides experienced, highly skilled, innovative and effective counsel to all the firm's domestic and foreign based clients in this field.  Shibolet's extensive transactional experience has enhanced its successful representation of key global and local cable, satellite, broadcasting, internet service providers, international calling companies and other telecommunications concerns in their bids, contractual activities and negotiations for major projects in both government and private enterprises, including public and private debt and equity offerings and other project financing programs in Israel and the USA.  Aside from representing major foreign telecom companies in all their business interests in Israel, Shibolet represents Israel’s leading national communications carrier in a range of litigation concerning their core business, including a major class action regarding pricing practices. Transactions include the negotiation of a $500 million deal on behalf of a world leading telecommunications company with several Israeli and foreign major players in the telecom and cable fields, and the successful representation of Israel's largest national communications carrier in multi-million dollar complex negotiations concerning its future billing system.
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