"Spouse" Abuse- After 45 Years of Marriage, Widow Not Entitled to Inheritance

Earlier this month, in the case of In Re: YA, the Tel Aviv Family Court, Judge Shifra Glick, ruled that the widow, C.A., was not entitled to inherit her husband, Y.A.'s estate even though they had been married for 45 years.

The court based its decision on its interpretation of the word "בן זוג- spouse" in the Succession Law-1965 and the purpose of the inheritance law.

Shirtless drummer runs afoul of law | The Times of Israel

The Times of Israel reports that apparently it is against the law for male performers to appear shirtless during a concert...
Why can audience members take off their shirts but not band members?

Israel Hayom | Court says Corrie death 'regrettable,' but army not to blame

A Haifa court apparently rejected the suit brought by the family of Rachel Corrie, an American citizen killed in 2003 while protesting the Israeli army's demolition of homes in Gaza.

I haven't read the decision yet but I presume the army has some sort of immunity from suits like this.

"I reject the suit," the judge said in a ruling read out to a packed courtroom. "There is no justification to demand the state pay any damages."

Gershon said soldiers had done their utmost to keep people away from the site on the day of the protest, in March 2003. "She [Corrie] did not distance herself from the area, as any thinking person would have done," he said.

Israel Hayom | Court says Corrie death 'regrettable,' but army not to blame

**Update Aug 29, 2012 **

I just saw an analysis in the JPost discussing the combat activities exemption that provides immunity for the military from claims for damages inflicted while engaged in combat support activities even though not a full fledged war.

US Citizens Can Register for Absentee Ballots

US citizens who want to vote in the upcoming elections in November need to get an absentee ballot. First you need to fill out some forms and apply for a ballot. Once you get the ballot and fill it out, you need to send it back- potentially electronically. So you need to mail forms to the US twice. Once to request the ballot and once to submit the ballot.

Below are links to two sites that can help guide you through the process.

http://www.fvap.gov/

Overseas Vote Foundation § Home:

And remember, vote early and vote often.

Guide to Israeli Regulatory Compliance for Offshore Trustees of Israeli Affected Trusts, Offshore Portfolio Managers & Custodians & Banks with Israeli Based Clients

This guide might be useful for those in the investment advisory field in Israel.
ACL Guide to Israeli Regulatory Compliance 2012-07

Municipality Playing Hardball with Nursery School Teachers

Recently, a friend of mine asked me about a 3-year non-compete clause his nursery teacher wife was asked by the city of Jerusalem to sign.

Last year, the Knesset passed a new law providing for free nursery school education for 3 and 4 year olds (see article here.)  In order to immediately implement this law, the city asked local nursery teachers who already had private classes in their apartments if they wanted to fill the positions available for the city nurseries. Many of these women already had established reputations in their neighborhoods. Now, they could go to work for the city and bring their clientele with them.

My friend's wife had been running her own nursery program for a few years and applied for a position and was accepted. She recruited children for the class but had not yet signed a contract with the city. When she received the contract, she was surprised to see that it had a 3-year non-compete clause that looked something like this:

Man Attacks Estranged Wife in Hospital- New Law Should Prevent Re-occurrence

Apparently, violence in health care facilities is a problem in Israel worthy of its own law.

The JPost reported today that a man attacked his estranged wife and hospital staff in the maternity ward. In May they reported on 3 brothers of a woman who was placed in a emergency shelter for domestic violence victims who went to the social worker’s home with clubs and iron bars and beat up her husband and other family members. According to a report at the Health Policy Monitor:

A comprehensive study conducted in 2003/4 on violence in emergency rooms in Israel (Landau et al. 2004) revealed that 75% of the medical staff reported a violent incident in the past year. Most reports related to verbal violence, but 29% reported threats and 16% physical violence...

This problem receives growing media attention; it was debated in the parliamentary committee for work welfare and health in 2007. During 2008, several academic conferences were dedicated to the issue and discussed measures to address it.

Israel Hayom | Officials: Peres possibly violated censorship laws

Israel Hayom had an interesting article regarding President Shimon Peres' recent statements opposing a unilateral Israeli attack on Iraninan nuclear facilities. The relevant part for me is the following:

Peres said no Israeli military action will be undertaken in Iran before presidential elections in the U.S. in November. According to government officials, aside from the public debate on the matter, Peres' remark was a possible severe violation of the censorship law as well as a violation of a law against exposing operational information to an enemy.

As far as I can tell, the Censorship Law refers to the Defence (Emergency) Regulations published during the British Mandate in 1945. I did not see what part of the censorship provisions the President may have violated. Most of the violations in those Regulations stem from a direct contravention of a censorship order.

However, Article 4 of the Penal Law- 1977 covers espionage and may pertain to this situation.

Delivery of information to enemy

111. If a person knowingly delivered information to or for the enemy, then he is liable to ten years imprisonment; if the information is likely to benefit the enemy, then he is liable to fifteen years imprisonment; if he thereby intended to injure national security, then he is liable to life imprisonment; if by negligence he caused to be delivered to or for the enemy information likely to benefit him, then he is liable to three years imprisonment.

Espionage

112. (a)  If a person delivered information and intended to injure national security, then he is liable to fifteen years imprisonment.

(b)  If a person obtained, collected, prepared, recorded or kept information and thereby intended to injure national security, then he is liable to ten years imprisonment.

Aggravated espionage

113. (a)  Repealed

(b)  If a person delivered secret information, without being authorized to do so and thereby intended to injure national security, then he is liable to life imprisonment.

(c)  If a person obtained, collected, prepared, recorded or kept secret information without being authorized to do so, then he is liable to seven years imprisonment; if he thereby intended to injure national security, then he is liable to fifteen years imprisonment.

(d)  (1) In this section, "secret information" – information which national security requires that it be kept secret, or information that relates to a category of subjects which the Government – by order published in Reshumot with approval by the Knesset Foreign Affairs and Defense Committee – declared to be secret subjects;

(2) information the contents, form, ways of keeping it, its source and the circumstances under which it was obtained indicate that national security requires it to be kept secret, unless it was proven differently.

(3) The provisions of paragraphs (1) and (2) shall also apply to the matter of section 113A.

(e)  It shall be a good defense for a person charged with an offense under subsection (c) that he did nothing unlawful to obtain information that constitutes secret information, and that he obtained, collected, prepared, recorded or kept it in good faith and for a reasonable purpose.

Secret information

113A. If a person passes secret information without being qualified to do so, then he shall be liable to fifteen years imprisonment.

Some of the sections of the law have an "intent" requirement which is probably lacking in this case. Regardless, I can't imagine the government pursuing criminal charges against the President- although the media would love it.

For an article about the role of the government censor in Israel, see here.

For an article about the Defence (Emergency) Regulations, see here.

Repost: Israel Hayom | High Court petitioned to stop state funding of yeshiva students

Israel Hayom | High Court petitioned to stop state funding of yeshiva students

Nongovernmental organizations argue that following expiration of Tal Law, students are no longer eligible to receive state funds, which amounted to some 30 million shekels ($7.4 million) per month • Petitioners claim that since Tal Law has expired, there is no longer a legal basis to exempt the yeshiva students from military service. Zvi Harel Ultra-Orthodox men near the Tel Hashomer IDF Induction Center. [Archives] With the Tal Law no longer in effect, the fate of Yeshiva funding is up in the air. | Photo credit: Moshe Shai The government should stop funding 54,000 yeshiva students who can no longer claim exemption from military service following the expiration of the Tal Law according to a petition filed Tuesday with the High Court of Justice. The petition, filed by Hiddush and Free Israel (two nongovernmental organizations promoting religious freedom and equality), the Forum for Equal Service and former MK Ronny Brison (Shinui), argue that the criteria for funding for yeshiva students includes those who are exempt from military service in accordance with the Tal Law. They claim that before the law expired, 54,000 students were eligible to receive government funds, but the legal situation now does not make them eligible for the funds. The Tal Law, which exempted ultra-Orthodox men from mandatory military service, expired on Aug. 1. Defense Minister Ehud Barak has instructed the Israel Defense Forces to reinstate the last version of the Defense Service Law, from 1968, and to submit, within one month, a practical proposal regarding the implementation of the law in the ultra-Orthodox community. This would serve as a temporary solution until the Knesset legislates a new law that permanently regulates the ultra-Orthodox draft. Shahar Ilan, vice president of Hiddush, estimates that funding for yeshiva students while the Tal Law was in force, was around 30 million shekels ($7.4 million) per month and 400 million shekels ($99 million) annually. Attorney for the petitioners, Gilad Barnea, wrote in the petition that as the Tal Law has expired, there is no longer a legal basis to exempt the yeshiva students from military service. Attorney Rabbi Uri Regev, executive director of Hiddush, said the principle must be clear. "Whoever does not serve must and should not receive funds from the state. Any attempt to transfer the funds is a clear violation of the law."

Supreme Court: Class Action Settlement is Taxable Income

In the case of Chaim Keren v. the Gush Dan Assessment Officer, the Supreme Court rejected Mr. Keren's appeal of the judgment which held that a plaintiff who receives compensation pursuant to a judgment approving a settlement agreement in a class action, can be taxed on that income. The Court held that the plaintiff's award is like income of a commercial nature. Therefore, it can be taxed in accordance with law, and deducted or offset like any other income.

Life in Israel: Law Proposal: Strollers On Buses

Reposted from: Life in Israel: Law Proposal: Strollers On Buses:

If you were to get on a bus with a baby stroller and you have to either take the baby out and fold it up or else pay for an additional ride. Often you will see mothers, already burdened with kids and bags, start juggling everything they have including the baby they are removing from the stroller, all while the bus is lurching forward, in order to avoid being required to pay for the additional ride.

A law was proposed that would put an end to stroller-based-discrimination. An extra ride on public transportation would not need to be paid for, and it would also be illegal to prevent a stroller from being brought into a public building or area. It has happened numerous times that people with strollers were prevented from entering stores, libraries and other public places.

The law was initiated by some students who were working on a project of human rights. They include in their explanation that the folded up strollers usually don't take up so much less space than when the stroller is open, and the proposal is an attempt to protect the rights of the parents and the children.

The students initiated it, but it was proposed by MK Uri Maklev of UTJ, with a variety of other MKs signed on to the bill giving it a broad consensus that almost ensures it will pass when it comes to the vote.

(source: Israel HaYom)

Painting a Photo of a Painting of a Photo of a Painting- in Copyright Law

Q: Under Israeli copyright law can I take someone else's  copyrighted photograph and turn it into a work of art? What about the converse, if I take a work of art and make photographs of it?

A: While the Copyright Act (2007) grants the right to make a copy or derivative work to the owner of the copyright, it also permits "fair use" of a copyrighted image. Borrowing from the law in the United States, it states in Section 19 that:

In determining whether a use made of a work is fair within the meaning of this section the factors to be considered shall include, inter alia, all of the following: (1) the purpose and character of the use; (2) the character of the work used; (3) the scope of the use, quantitatively and qualitatively, in relation to the work as a whole; (4) the impact of the use on the value of the work and its potential market.

(For a blog post on a 2009 decision in the case of Football Association Premier League (FAPL) v. Ploni, permitting unlicensed streaming of sporting events, see here. And for a fair use checklist, see here.)

Israeli Government Issues Tender for Experienced Company to Help Colleges Commercialize Early Stage Technology

Israel's Council for Higher Education (CHE) and its Planning and Budgeting Committee is issuing a tender (aka a call for bids), open until August 30th, for a company with experience in commercializing early stage technologies to enter agreements with Israeli institutes of higher education that do not have the wherewithal to commercialize such technologies on their own. The CHE hopes that this program will help these institutions develop new revenue streams that presumably will free up money for other things.

Repost: No Defense to Copyright Infringement After Notice

Reposted from the IP Factor Blog:

Family of Lexicographer Even Shushan Receives Compensation from Publisher for Copyright Infringement

The Israel Supreme Court has ruled that the publishers "Tarbut l’Am" (lit. culture for the people) should compensate the inheritors of the lexicographer Abraham Even Shushan for dictionaries sold since 1999.

Back in 1993, some 9 years after the lexicographer passed away, the descendents of Even Shushan, Dafna Shefer, Yuval Even Shushan and Miriam Even Shushan sued publishers Kiryat Sefer (Book-Town), and in 1998, Judge Esther Chayet, then of the District Court, issued an injunction against the publishers, preventing direct or indirect sales of the dictionary, and ordering that the inheritors receive 10 million Shekels compensation. However, the owner of Kiryat Sefer, Abraham Sivan, left the country and the plaintiffs never received anything.

Life in Israel: Proposed Laws: Cellphones While Crossing, Reserved Parking and Church/Mosque Arnona Exemptions

Reposted from Life in Israel: Proposed Laws: Cellphones While Crossing, Reserved Parking and Church/Mosque Arnona Exemptions

A few interesting law proposal were introduced recently:

1. MK Lia Shemtov has proposed a law that would ban using a cellphone while crossing the street. The initial proposal wanted to ban the sending of messages and emails and using apps on the phone. Doing this creates a distraction for the person crossing the street, at a time when he should be paying attention. Other MKs added to the proposal that it should include using a cellphone in general, as well as having earphones in place listening to either a cellphone or music player or sorts.

Israeli Army Tightens Dress Code

The Israeli army has apparently been cracking down and implementing new dress code rules for soldiers. According to one report, kippot with writing on them will no longer be allowed. This poses a problem for some Chabad Lubavitch followers who wear kippot with words on them. I haven't seen any reports about it, but this may also pose a problem for Breslov followers who wear kippot like this:

 

At least one Lubavitch rabbi has said that this is a very serious issue and soldiers should refuse the new order even if it means going to jail. I must say, I don't understand the logic here. First of all, I think the perception in the larger Jewish community is that only children wear kippot with writing on them; adults do not. Perhaps that is part of the reason why many orthodox Jews view such Lubavitcher chasidim as strange (besides their belief that the Rebbe is the messiah.) I think having writing on kippot is a relatively new phenomenon- maybe 40 years old- when women would crochet the names of their loved ones into the kippot.

There is no obligation to express your religious views (or favorite sports team) on your kippa, so if the army says its forbidden that should be the end of it. Perhaps, the justification for disobeying orders comes from the concept of public martyrdom. According to Wikipedia:

During a time of crisis for the Jewish faith—for example, if a government or any other power wants to force Jews not to be religious—every prohibition in Jewish law becomes yehareg ve'al ya'avor, and one is to have mesirat nefesh on every negative or positive commandment even when not in public. This is called "Sandal straps", and refers to the traditional Jewish manner of putting on footwear (Put on right, put on left, tie left, tie right). In this situation, one must die even for "Sandal straps".

I wonder if this one is OK.

It seems a stretch, however, to equate the Israeli army's regulations to a government's attempt to impede the practice of the Jewish faith.

Also, it was recently reported by Israel Hayom that the army is trying to put an end to the practice of one battalion's wearing of amulets containing certain fluids of their girlfriends. Apparently the soldiers did not like this and may be going on strike.

Jews and army dress codes have been coming into conflict recently in America as well. One Chabad Lubavitch rabbi sued because the army would not accept him as a chaplain unless he trimmed his beard. The army subsequently relented. But even American soldiers in Afghanistan have been questioning the army's no facial hair policy because in Afghan culture facial hair is a sign of manliness. An M-16 is apparently not enough.

Patents, Compulsory Licensing, and NPEs

The United States House of Representatives just introduced a proposed bill called the SHIELD Act which is meant to curb the amount of lawsuits brought by Non-Practicing Entities (NPEs sometimes referred to as "patent trolls"), companies that buy patent rights in order to file suit against infringers of those patents. Many think that patent trolls hinder innovation by tying up developers' time and money in lawsuits, but that position is not unanimous. Most of the debate seems to focus on whether software patents should even exist. The bill, if passed, would give the judge discretion to award the defendant with the costs of his legal fees if "the court finds the claimant did not have a reasonable likelihood of succeeding, and for other purposes."

My first reaction to this issue is a question. Why can't a compulsory licensing scheme like Israel's Chapter 7 of the Patent Law- 1967, solve the problem of NPEs? If an entity is not using its patents to develop new products and is just using them to sue infringers, the courts would be able to grant a license to the infringer in exchange for royalty payments to the patent owner. Presumably, this option is not favored in the US where property rights are very strong. They don't want the courts to have the power to mandate a license when it is not for government use. Instead they would apparently prefer to deter lawsuits by charging frivolous plaintiff's with defendants' costs.

For an article on compulsory licensing and NPEs, see here. And for an article on compulsory licensing under the TRIPS Agreement and in the US and Canada, see here.

All Your Work is Belong to Us (for Compensation?)

An article in Haaretz today reports on a recent Supreme Court decision suggesting that the inventor listed on a patent application may be entitled to compensation for a service invention even where he signed an agreement assigning the invention to his employer and waiving his rights to compensation. A service invention, described in Section 132 of the Patent Law, is an invention created during the employees' term of service for the employer and as part of his work which, unless agreed otherwise, belongs to the employer. It is similar to a work for hire in the US copyright context.

I think the article makes two errors (but correct me if I'm wrong).

Guest Post: What to Know About Renting a Home in Israel

By: Avner Slater, Adv.


You are looking to rent an apartment or house in Israel. The first and most important thing on your list should be to find a place you where you wish to live and at the right price. But the terms and conditions of the rent should not be far behind. 

Making sure it's the right neighborhood/community to fit your needs and those of your family, with good schools, synagogues, nice parks, shopping areas etc., is something you would do naturally. Unfortunately, however, people tend to think it ends there. The importance of reading and signing the contract are things which are often overlooked. Amazingly, sometimes no contract even exists.

Understanding the Contract 

Take the case of Avrumi G. from Brooklyn, who is planning to get married during the summer, and is looking to rent an apartment beginning this fall. His fiance hears from her best friend that a distant cousin of hers is leaving the apartment she had been living in for a few years. They get the owner's name and number, give him a call, mail him a deposit and the deal is closed.


But wait a minute! What are terms of the rental? What's included in the price? How long is the lease for? What if they want to leave early or stay longer? Is the rent in shekels or dollars? What happens when the dollar rate goes up or down? Is the apartment fully or partially furnished? What is the condition of the furniture? Is there an air conditioner? Is it in working condition?


These are just a few of the many issues which must be dealt with IN ADVANCE and IN WRITING. You cannot afford to have arguments later over what was said or not said during that brief long distance phone call. There must be a clear and detailed contract which spells out all the details.

Corporate Espionage: Spying on Your Own Employees

In a recent case, (Iskandar Salman v. Ihab Alimi) the Labor Court ruled that an accountant, who discovered that he was being filmed in his office by his employer and without his knowledge for the last 7 years, was, despite his resignation, entitled to severance pay.

The plaintiff claimed that after 11 years of working for the defendant, the last 7 of which occurred under surveillance, he no longer trusted his employer and the fact that his employer surreptitiously filmed him at work constituted a deterioration of the workplace environment such that his resignation should be considered the equivalent of a dismissal and he should thus be entitled to severance pay in respect of the years of service to the employer. The Severance Pay Law- 1963 states that "Where an employee resigns by reasons of an appreciable deterioration of his conditions of employment, or in view of other matters of labor relations affecting him and because of which he cannot be expected to continue in his employment, the resignation shall, for the purposes of this Law, be deemed to be dismissal."

The plaintiff also sued for emotional distress caused by the invasion of privacy. (In case you are curious, the plaintiff learned of the existence of the camera after the employer returned from his vacation, viewed tapes of the other employees not performing their assigned tasks properly- whatever that means- and called them into his office to reprimand them. It was then that the secret filming was revealed. The employer claimed this was the first time he had ever reviewed the tapes.)

My Time at the Networking and Crowdfunding Events

Earlier today I posted about two events that took place this evening.

The first was a networking event at a rooftop bar/restaurant.

I was a bit uneasy about going to this event even though it was a stone's throw away from my office because I didn't know anyone going and I don't really like beer. Also, I am not certified to give advice on Israeli law yet and I am low on the foodchain. I thought about buying a drink to loosen up a bit but decided it wasn't worth the 20 NIS. I did see one fellow sitting alone and we chatted and it turns out he is a software developer with an idea (surprise.) While I didn't give him any legal counsel, we did talk business and exchanged contact info. So perhaps for that it was already worth it. 

Then, Dov Moran, who apparently invented the USB drive, spoke to the crowd. The first thing he did, which was interesting, was to flip the talk around and ask anyone if they had any questions about entrepreneurship/startups before he gave a talk. He also told the listeners not to turn off their phones; "If an investor is calling, it's probably more important than what I am saying," he quipped. Someone asked him how you can get people you work with to give projects the effort that you know you would give to them. Dov answered that if you have that concern then you shouldn't be involved with that person. You should only get involved with people your trust. If you want guaranteed trust, go talk to the bank- that's their whole business. But when you are dealing with people, your team is only as good as the trust you have in them. He also mentioned that sometimes you might meet some entrepreneurs who have a product that does not impress you so much, but if the people impress you then it may be worth investing in them rather than the particular product. The product may change or the company may change focus, but sometimes the people are more important than the product. I think that idea is in the book From Good to Great. Jim Collins writes that its more important to have the right people on the bus than to know exactly where the bus is going. The final thing I heard Dov say before I left for the other event was in response to a question about how to enter a market that already has many players. He said that you don't necessarily need to be the first in the industry (e.g. Facebook v. MySpace) but you do need to be first in some area that only you do and no one else does. You need to bring some new angle to the existing products or do it better.

I then headed over to the Leonardo Plaza, a few minutes walk away for the crowd funding pitch for Sky Saver. I was late but I must say it was very interesting, although not for the reasons you might think.

Networking and Crowdfunding on the Evening's Agenda

Tonight there are two interesting events on the capital city's agenda. 

The first is a networking event organized by Joe van Zwaren, Hanan Brand, and Na'ama Shamir of the networking group Capital J. The schedule is:

19:30 - Networking & Beer
20:00 - Guest Speaker: Dov Moran- engineer, inventor and businessman. founder and chairman of M-Systems, which invented the USB Flash Drive and was acquired by SanDisk Corp for $1.6B. Previously, chairman of Tower Semiconductor & Modu.
20:45 - Startup Open Mic
21:00 - More Networking & Beer (Special surprise!)

The second event is an investment road show for Sky Saver, maker of a series of devices for enabling emergency exit from tall buildings. It begins at 8 PM at the Leonardo Plaza on King George Street in Jerusalem. Here is the schedule:

• Technical Perspectives on SkySaver; Yaakov Nakash, Vice President of R&D, former Chief of Technology in the IDF
• Terror Threats in NY and Financial Implications; Mudi Dzikansky, Vice President of PR, former NYPD representative in Israel
• The Advantages of Using Crowd Funding; Jen Ranaudo, CPA, CFO
• Marketing Strategies for Company Products; Lou Krupkin, Vice President of Marketing, former FBI officer
• Profit Strategies of Exit; Chaim Romano, Chairman of Advisory Committee, former CEO of El Al
• Military Uses for SkySaver; Yoav Barzili, former Commander of Special Forces in the Israeli Police Force
•