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Articles by Ilan Blumenfeld
Phantom Stock: A Strategic Tool for Equity Incentivization | JD Supra
In the contemporary landscape of talent management, organizations face major challenges in recruiting and retaining top-tier professionals. Equity incentive mechanisms have emerged as a sophisticated strategy to cultivate employee loyalty and align organizational performance with individual motivation. Phantom stock represents an innovative contractual instrument designed to incentivize key organizational contributors, particularly senior management and executive personnel.
Conditional Payment (Earn-Out) | JD Supra
In merger and acquisition (M&A) transactions, the earn-out mechanism serves as a strategic tool for conditional payment based on the prospective performance of the acquired entity. This mechanism is particularly prevalent in transactions in which substantial valuation discrepancies exist between the parties, or when there is anticipation of significant post-acquisition growth in the business activities of the acquired entity.
Conditional Payment (Earn-Out)
In merger and acquisition (M&A) transactions, the earn-out mechanism serves as a strategic tool for conditional payment based on the prospective performance of the acquired entity. This mechanism is particularly prevalent in transactions in which substantial valuation discrepancies exist between the parties, or when there is anticipation of significant post-acquisition growth in the business activities of the acquired entity.
Schweppes Case Ruling: When Is Parallel Importing Legitimate? | JD Supra
In the recent ruling handed down by the Israeli Supreme Court in Jafora Tabori Ltd. v. Ben Shlush Import and Export Ltd., the justices deliberated the tension between the legitimacy of the practice of parallel importing and protecting the rights of the owner of the Israeli “Schweppes” trademark. Parallel importing is an accepted practice in Israel.
Dramatic Ruling on Excessive Pricing: District Court Denies Two Motions to Certify Class Actions against Tnuva | JD Supra
In December 2021, the Jerusalem District Court dismissed two motions to certify a class action against the leading dairy manufacturer in Israel, Tnuva, for charging excessive prices. Both the motion and the dismissal are part of an intense dispute for years. The dispute revolves around whether the prohibition of a monopolist charging an “unfair” price applies to charging excessive fees.
A Must-Read for Competitors Looking to Submit Joint Tender Offers | JD Supra
When competing entities join forces to submit a tender offer, it reduces the overall number of entities competing for a tender. Reducing the number of competing entities may increase the market power of those participating entities against the tender holder and enable them to make less attractive offers.
Israel Competition Authority Increases Enforcement against Exclusivity Arrangements | JD Supra
On December 30, 2020, the Israel Competition Authority (ICA) notified SOS, a company in the field of fueling services, it was imposing a financial sanction of NIS 6.3 million on the company. In addition, it imposed a financial sanction of NIS 350,000 on an executive officer in the company. Following a complaint an SOS competitor filed with the ICA, the ICA concluded SOS had entered into exclusivity agreements with its clients.
Entities with Relatively Small Market Shares May Also Be Deemed Monopolies | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Amendment to Hazardous Drugs Ordinance Promotes Regulation in Cannabis Market | Lexology
Israel
December 31 2018 The extensive scientific evidence of the beneficial effects deriving from the use of cannabis, particularly in the medical and cosmetics industries, has led to regulatory changes in countries around the world, including Israel, the United States, Canada, and some European countries. These regulatory changes are likely to have far-reaching implications on Israel’s economy and agricultural sector.
A Reform in Israel’s Insolvency Laws | Lexology
Recently, the Knesset has passed the Law of Insolvency and Economic Rehabilitation – which is aimed at updating the law on insolvency currently in effect in Israel. The insolvency laws as they stand today are regulated under archaic legislation, in addition to being outdated and disorganized. This has been detrimental for debtors, creditors, and the entire economy alike.
Israel Antitrust Authority Publishes Statement regarding Vertical Price Arrangements - Resale Price Maintenance (RPM)
Recently, the Israeli Antitrust Authority (IAA) published a final version of its statement regarding Resale Price Maintenance (RPM) arrangements. In this statement, the IAA presents its position with regard to the circumstances under which a supplier is able to dictate the resale price of its products to its distributor (either retail or wholesale) for the next link in the supply chain, without such an arrangement being considered an illegal restrictive arrangement.
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