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  1. Distressed Transactions Get More Creative – Expect to see more companies in need of creative financing solutions, and investors who are specialized in distressed situations. Companies will need to think outside the box to monetize assets and consider their strategic alternatives in the event that traditional venture and capital markets deals are not as accessible as before.
  2. Restructuring and Selective Hiring – Companies will need to look inward at their human capital to evaluate which team members contribute the most to the company’s immediate and long-term value. Restructuring and reductions will be coupled with selective hiring to take advantage of a larger pool of candidates. Employees who are creative and resilient are most likely to lead their companies to the light at the end of this tunnel.
  3. Insurance to Play Bigger Role – Expect more use of Representation and Warranty Insurance (RWI) in 2023. This has become the market standard in the U.S. and the UK, with ever increasing penetration in Israel. Other insurance products are also key to prioritize, such as robust D&O, cyber, and other business insurance programs.
  4. Debt Restructurings and Tax Considerations – With higher interest rates and fears of a 2023 global recession, expect to see an increase in company restructurings and debt workouts. Modifications to company debt obligations can have significant U.S. federal income tax consequences, including the potential to create cancellation of indebtedness income for the borrower or its owners and original issue discount for the holders of the restructured debt. Israeli and other non-U.S. lenders to U.S. companies likely will be focused on whether such transactions could cause them to recognize income “effectively connected” with a U.S. trade or business, thereby increasing their U.S. tax and reporting obligations. 
  5. The Year of AI – One area of law that’s rapidly changing is the privacy considerations surrounding the use of personally identifiable information and other privacy-related data for artificial intelligence (AI). If a data processor, for instance, uses data supplied to it by a data controller to train the processor’s AI models, does that effectively turn the processor into a co-controller over the same data? And if it does, is the processor then required to notify its counterpart, the data controller, of its intended use or perhaps even notify the data subject of the fact that their data is being used by the processor for its own benefit? Is it even fair that the subject was never given the opportunity to decide if the person’s data could be used for this purpose? This area of privacy law is likely to unfold at a much quicker pace than other areas, and also be tackled from many different angles – industry, geography, nature of data, among others.

About the Authors

Joey Shabot is the managing shareholder of Greenberg Traurig’s Tel-Aviv office and focuses his practice on Mergers & Acquisitions, including corporate law, securities law, and financing.

Meira Ferziger is a shareholder in the Labor & Employment Practice who has provided legal counsel to hundreds of Israeli start-up companies hiring employees in the United States. 

Adam Snukal is a shareholder in the Intellectual Property & Technology Practice, focused on the centrality of technology across many verticals and industries.

Noam Lipshitz is a shareholder in the Tax Practice, focusing on U.S. federal income tax matters, with an emphasis on corporate and partnership transactions. 

Aaron Katz is a senior associate in the corporate practice, representing strategic and financial buyers and sellers in transactions involving companies across a variety of industries.

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Photo of Joey Shabot Joey Shabot

Joey T. Shabot is the Managing Shareholder of the Tel-Aviv office and focuses his practice on mergers and acquisitions, including corporate law, securities law and financing. His experience includes advising on mergers, acquisitions, joint ventures, partnerships, securities offerings and private placements, in transactions…

Joey T. Shabot is the Managing Shareholder of the Tel-Aviv office and focuses his practice on mergers and acquisitions, including corporate law, securities law and financing. His experience includes advising on mergers, acquisitions, joint ventures, partnerships, securities offerings and private placements, in transactions involving companies across a variety of industries throughout the world including the U.S., Israel, China, Japan, Europe, and Latin America.

Joey also dedicates himself to pro bono work in which he represents United Hatzalah, an international first response organization, the global WIZO organization, and other global charities.

Photo of Adam Snukal^ Adam Snukal^

Adam Snukal’s practice is primarily focused around the centrality of technology across many verticals and industries, with an emphasis on health care, FinTech, privacy, cyber-security, Ad-Tech, entertainment, IT/cloud infrastructure, outsourcing and Aerospace/ New Space. Mr. Snukal also regularly counsels clients on their global…

Adam Snukal’s practice is primarily focused around the centrality of technology across many verticals and industries, with an emphasis on health care, FinTech, privacy, cyber-security, Ad-Tech, entertainment, IT/cloud infrastructure, outsourcing and Aerospace/ New Space. Mr. Snukal also regularly counsels clients on their global privacy and data security compliance obligations, such as GDPR, HIPAA, CCPA, PCI, and more. Mr. Snukal’s clients range from large multi-nationals to emerging growth companies.

Mr. Snukal is both a frequent speaker and author of numerous articles on topics related to technology, advertising, media and the law.

^ Attorneys in the Tel Aviv office do not practice Israeli law.
Photo of Meira Ferziger Meira Ferziger

With nearly 30 years of employment law experience, Meira Ferziger has provided legal counsel to hundreds of Israeli start-up companies hiring employees in the United States. Meira has accompanied such companies from their first step into the U.S. market, through the process of…

With nearly 30 years of employment law experience, Meira Ferziger has provided legal counsel to hundreds of Israeli start-up companies hiring employees in the United States. Meira has accompanied such companies from their first step into the U.S. market, through the process of remotely managing U.S. employees on a day-to-day basis in accordance with applicable laws, and she has provided invaluable professional and practical counsel to such clients during capital funding, merger & acquisition, and IPO stages.

Based in Greenberg Traurig’s Tel Aviv Office, Meira focuses on the individual needs of particular companies, preventative strategies and litigation avoidance. She guides clients through the development and implementation of employment policies and practices in light of applicable local, state, and federal laws, and advises clients as to minimizing the risk associated with terminating employees, including potential discrimination, unjust dismissal, and/or breach of contract claims. Meira also plays a central role in advising clients with respect to the employment aspects of corporate transactions, including the preparation and negotiation of employment and retention agreements for key employees in connection with such transactions.

Photo of Noam Lipshitz Noam Lipshitz

Noam Lipshitz focuses his practice on U.S. federal income tax matters, with an emphasis on corporate and partnership transactions. He is experienced handling the tax aspects of mergers and acquisitions, investment partnerships, joint ventures, debt and equity restructurings and securities offerings. His clients…

Noam Lipshitz focuses his practice on U.S. federal income tax matters, with an emphasis on corporate and partnership transactions. He is experienced handling the tax aspects of mergers and acquisitions, investment partnerships, joint ventures, debt and equity restructurings and securities offerings. His clients include private equity funds, venture capital funds, private and public companies, REITs, individuals and tax-exempt organizations.