Israel today is the hub of much international corporate and business activity. Corporate giants from the U.S., Europe and Asia are looking for opportunities in Israel, buying companies and opening research centers. Warren Buffet's first major acquisition outside the shores of the U.S., to give one famous example, was of a large Israeli company, Iscar, a world leader in engine blades for aircrafts. Venture capital and private equity companies follow suit and aim for Israel’s earlier stage companies. At the same time that foreigners invest in Israel, Israeli companies look outward to raise capital and seek larger product markets. Israel is the foreign country with the second largest number of companies quoted on the NASDAQ, and during 2015 alone 36 (and counting!) Israeli or Israeli-oriented companies made an IPO on the NASDAQ. Many Israeli companies, cross list in Israel and abroad, and the Israeli Securities Law is highly innovative in this regards. Finally, some Israeli companies play a major role in international transactions. An ongoing example is Teva’s (Israel largest company, and the world’s largest generic drug manufacturer) $45 billion hostile bid to purchase rival Mylan corporation, and its $40 billion deal to buy Allergan (known for its Botox anti-wrinkle treatment) generic drug unit. Israel today in an exciting place to study business law.

The Law & Business track of the International LL.M. Program focuses on the fundamentals of business strategy catered to a legal audience. The course topics and frameworks are drawn from business law as well as MBA curriculums of leading schools abroad. The track offers courses on an array of topics: Startup Financing and Governance, Shareholder Activism, Issues in Competition Law, Negotiations in the Technology Industry, and related issues. Together, we offer a range of courses that is second to none, and a faculty that is the best in the nation, with many faculty co-teaching at the finest institutions around the world. Not only do TAU professors produce cutting-edge research, they have also developed innovative and practical contents that prepare students to succeed in any field they choose.

To complete your specialization in Law & Business track, you must take at least 11 credits of the LL.M.’s 32 required credits, from courses within the Law & Business track, but you are more than welcome to take as many courses as you see fit – and that fit your schedule. You can also take courses from the Global Governance & Human Rights and the Law & Technology tracks, in addition to general elective courses.

The professors and courses refer to the 2015-2016 academic year - please be aware that courses and professors change each year. 

In the Fall Semester, you will be able to take the MOOC (Massive Open Online Course) on Economic Growth and Distributive Justice course, taught by Prof. Yoram Margalioth. Also in the Fall Semester, Mr. Rick Kaplan, IBM Israel’s General Manager, teaches a course on negotiations in the tech industry. At the same time, you can take Comparative Patent Law, an IP course co-taught by Prof. Peter Menell, from UC Berkeley Law School, the leading school in the United States in the field of Law & Technology, and by Mr. Asa Kling, Israel’s Head of the Patent & Trademark Office (PTO). Another possibility is the Seminar: Advanced Topics in Corporate and Securities Law taught by Prof. Ehud Kamar, a member of our faculty and a world renowned scholar. We also offer a course on Risk Derivatives and Financial Crises taught by Adv. Menachem Feder. In the Spring Semester, we offer a practical business course on Startup Financing and Governance taught by Prof. Jesse Fried (Harvard Law School) & Adv. David Berger. Also in the Spring Semester, for those with interest in shareholder rights, you can take Shareholder Litigation with Prof. David Webber and Shareholder Activism with Prof. Eric Talley (Columbia Law School), both later in the Spring Semester.

This is how it looks, for the business lawyer:

FALL SEMESTER (2015) Prof. Ehud Kumar Seminar: Advanced Topics in Corporate and Securities Law
FALL SEMESTER (2015) Mr. Rick Kaplan  Negotiation in the Technology Industry 
FALL - Q1 (2015) Prof. Peter Menell & Mr. Asa Kling  Comparative Patent Law: US and Israeli Perspectives 
FALL - Q1 (2015) Adv. Menachem Feder  Risk Derivatives and Financial Crises 
FALL - Q1 (2015) Prof. Yoram Margalioth Economic Growth and Distributive Justice 
FALL - Q2 (2015) Prof. Abraham Wickelgren  Issues in Competition Law, Economics and Policy 
SPRING SEMESTER (2016) Prof. Roy Kreitner  Graduate Course: Money and the Law 
SPRING - Q3 (2016) Prof. Jesse Fried & Prof. David Berger  Startup Financing and Governance 
SPRING - Q3 (2016) Adv. David Mirchin  Licensing of Intellectual Property 
SPRING - Q4 (2016) Prof. Stewart Schwab  Whistleblower Law 
SPRING - Q4 (2016) Prof. David Webber  Shareholder Litigation 
SPRING - Q4 (2016) Prof. Eric Talley  Shareholder Activism 

 

The following courses are offered during the 2015-16 academic year, and are listed according to the time of year they are offered.

FALL SEMESTER

Seminar: Advanced Topics in Corporate and Securities Law
Professor Ehud Kamar
Credits: 3
Course number: 1411710401
This seminar will be dedicated to reading and discussing articles in the area of corporate and securities. Students will read one or two article for each class and hand in a written critique. The articles will be discussed in class. The articles will represent various research approaches, such as a theoretical approach, an economic model, or an empirical approach. In some classes we will have guest speakers who will present their own work. The goal is to learn not only about corporate and securities law, but also about writing legal research papers.
Prerequisite: Corporations, or Business Organizations, or Company Law.
Grade components: active participation 10%, critiques of assigned articles 25%, class presentation 15%, seminar paper 50%.

Course: Negotiation in the Technology Industry
Mr. Rick Kaplan, IBM
Credits: 2
Course number: 1411721001
The focus of the course is development of basic negotiating skills in the context of global technology agreements. We will use developed fact patterns for active negotiations 1on1, 2on2 and 4on4 with both immediate and group feedback. Teams will get the fact patterns in advance and will be expected to do extensive preparation. "Getting Past No" will be the basic text. Specific legal subject matter issues will include: multi-jurisdictional contract issues, Intellectual Property including Patent, Trademark and Trade Secrets, Confidentiality, Indemnities, Limits of Liability (including issues with consequential and direct damages and increased liability for Gross Negligence and Willful Misconduct) and HR related issues. Negotiation subjects will include understanding leverage, risk balancing, preparation, negotiating styles and the importance of building trust.
Some class meetings will run 150 minutes (instead of the usual 90 minutes) in order to facilitate negotiation exercises.
Grade: Course grade will based on performance in active negotiation sessions plus strategy documents prepared prior to the negotiations.
***Registration for this course is extremely limited. The professor and program coordinator will confirm your enrollment in this course. Dropping this course is not permitted if your enrollment is confirmed.

FALL SEMESTER – QUARTER 1

Course: Comparative Patent Law: US and Israeli Perspectives
Professor Peter Menell, UC Berkeley and Asa Kling, Israel Patent Office Director
Credits: 2
Course number: 1411722750
This course, co-taught by Professor Menell and Israel Patent Office Director Asa Kling, will examine patent from both U.S. and Israeli perspectives. It will focus on salient issues, including the scope of patentable subject matter, claim interpretation and clarity, remedies, distinctive procedures for reviewing patents (the new U.S. Patent Trial and Appeal Board (PTAB) system), and patent reform initiatives.
Pre-requisites: Previous course in Intellectual Property Law or Patent Law OR
concurrent enrollment in Introduction to Intellectual Property (1493100701)
Grade: 24 Hrs. Take Home Exam (Dec. 1, 2015)
***Registration for this course is extremely limited. The professor and program coordinator will confirm your enrollment in this course. Dropping this course is not permitted if your enrollment is confirmed.

Course: Risk Derivatives and Financial Crises
Adv. Menachem Feder
Credits: 2
Course number: 1411660401
Derivatives are financial instruments that are used by sophisticated market players to manage financial risks. Derivatives are a crucial component of today’s markets, but often are considered exotic or are misunderstood. This course will explore the concept of financial risk and how, financially and contractually, that risk is controlled though the use of derivatives. Specifically, the course will examine the risks addressed by derivatives, the design and nature of derivatives, the differences between exchange-traded and off-exchange traded derivatives, the use of derivatives for hedging, speculation and arbitrage, the risks generated by derivatives, the legal architecture of derivative transactions and the legal and regulatory treatment of derivative trades. Finally, the course will explore the concept that derivatives cause, or at least contribute significantly, to financial crises and will review the ongoing policy debates over the use and oversight of derivatives around the world. This course will consider a number of past, including recent, financial crises and will touch on various areas of commercial law, including banking, bankruptcy, corporations and insurance.
Grade: 100% Final exam, with books (Dec. 3, 2015, 9:00 AM)

Course: Coursera: Economic Growth and Distributive Justice
Professor Yoram Margaliot
Credits: 2
Course number: 1882140101
The course will seek to enrich students with basic knowledge and understanding of how the state functions in the socio-economic sphere, while presenting and analyzing those main policymaking tools that are available to it. This basic knowledge is important for every resident and especially for those with voting rights. No previous knowledge of math, economics or law is assumed.
The course will cover the tax system and how the government balances between tax collection and government expenditures, as well as explain basic terms and discussions about: social welfare (happiness), the function of social welfare, public goods, externalities, inequality, poverty, minimum sustainability, the tension between social division of goods and effectiveness (efficacy ?), minimum wages versus wage subsidies (negative income tax), GDP (gross domestic product), free trade, optimal tax models, capital gains tax, family taxation, gift taxing (philanthropy), the consequences of globalization (with an emphasis on international tax) and an attempt to predict the necessary adaptations to the future workplace (market).
The course structure-
1. Lessons Structure - 6 online lessons, 1.5 hours each, divided into short units. Once a week a new lesson will be uploaded to the course website. Additionally, a review lesson will be held in Tel Aviv University prior to the exam.
2. In-video questions will pop up during the video lessons. The questions are not part of the grading, but for the students to review how well they understood the course material. The correct answers will be revealed immediately after the student's answers.
3. Lessons Watching - Students may watch the online video lessons whenever and wherever they want (very flexible); They can do so using their computers and or smartphones, by downloading the Coursera Application. Online connection in not always necessary, since the video lesson may be downloaded to computers.
4. Online Quizzes – 2 online quizzes will be held by the end of the second and fourth lessons. Students may take the quizzes until a deadline that will be published later on. Students may take the quizzes as many times as they want in order to improve their grade. Each Quiz is worth 5% of the final grade.
5. Final Exam – the course final exam is an in-class exam that will be held in Tel-Aviv University. Students may use their notes and a calculator during the exam. The exam is worth 90% of the final grade.
6. Final Grade – Final Exam in class (90%) and 2 online quizzes (2*5% = 10%).
Grade: Quizzes 10%, Final exam (with books) 90%.

FALL SEMESTER – QUARTER 2

Course: Issues in Competition Law, Economics and Policy
Prof. Abraham Wickelgren, University of Texas
Credits: 2
Course number: 1411723150
This course will cover a selection of topics in competition law, economics and policy. As opposed to a standard competition law course, we will cover many fewer topics but will cover them in greater depth. In addition to reading cases, we will also read articles analyzing these issues.
Pre-requisites: Antitrust Law- Concurrent study.
Grade: 24 Hrs. Take Home Exam (Jan 14, 2016)

SPRING SEMESTER

Course: Graduate Course: Money and the Law
Professor Roy Kreitner
Credits: 3
Course number: 1411726340
If money makes the world go round, perhaps by now it has made us dizzy. Financial crises, currency crises, and political crises in their wake make understanding money more urgent than ever. This course approaches money as a legal institution. It explores the way money systems are engineered to mobilize resources, and the way money provides a common frame of value. We will investigate the most important actors in today’s monetary architecture: central banks, commercial banks, non-bank financial institutions, and state treasuries, as well as global institutions like the Basel Committee on Banking Supervision, the International Monetary Fund, and the Financial Stability Board. By unpacking the legal building blocks of monetary institutions, the course will open a window onto today’s politics of money.
Students will write short response papers and present critical accounts of the reading material in class discussion. There will be a brief final paper, due at the end of the semester.

SPRING SEMESTER – QUARTER 3

Course: Licensing of Intellectual Property
Adv. David Mirchin
Credits: 2
Course number: 1493101101
This is an advanced licensing class for students who already have a solid foundation in intellectual property law and contract law. The focus will be practical rather than theoretical, and the course will address real-world business and legal scenarios faced by technology companies.
The purpose of the course is to familiarize students with a wide range of licensing issues and ways to address divergent interests. We will cover in-depth licensing of software, content and inventions. We will review the purpose of various key terms in licensing agreements, the interests of each party, and a variety of fallback and alternative solutions which could serve your client and "make the deal happen." The course will address some specific legal issues related to licensing, such as the enforceability of clickwrap agreements, and website terms of use never agreed to by users, the impact of bankruptcy upon a license, and licensing of open source software.
Students will also learn about various forms of agreement related to intellectual property licenses, such as Software-as-a-Service (SaaS) agreements and software escrow agreements.
Grade: 24 Hrs. Take Home Exam (April 17, 2016)

Course: Start-up Financing and Governance
Professor Jesse Fried & Professor David Berger
Credits: 2
Course number: 1411723850
The course introduces student to (1) the cash flow rights and control rights used by U.S. venture capitalists (VCs) when investing in startups, and (2) the Delaware law addressing the conflicts that these rights can create between VCs and entrepreneurs, especially around the sale of the startup.
Pre-requisites: Corporations, or background in Finance.
Grade: 24 Hrs. Take home Exam (March 22, 2016)

SPRING SEMESTER – QUARTER 4

Course: Whistleblower Law
Professor Stewart Schwab, Cornell University
Credits: 2
Course number: 1411724150
This course examines the legal protections and incentives given persons (whistleblowers) who report wrongdoing of fellow citizens, businesses, or government officials. Major focus is given to the USA’s Federal False Claims Act and Foreign Corrupt Practices Act, as well as international and comparative perspectives.
Grade: Final Exam 100%.

Course: Shareholder Litigation
Professor David Webber, Boston University
Credits: 2
Course number: 1411724350
This course will examine U.S. shareholder litigation, with a primary focus on securities fraud class actions. We will explore the doctrinal foundations of the securities class action, including the substantive elements of securities fraud and the distinctive procedural problems of such actions. We will explore the academic and public policy debates over securities litigation, and its utility as a means for enforcing the securities laws and compensating defrauded investors. The course will also include some investigation of mergers and acquisitions class actions.
Grade: Final Exam 100%.

Course: Shareholder Activism and Corporate Governance
Professor Eric Talley, UC Berkeley
Credits: 2
Course number: 1411724250
Shareholders of public companies are increasingly demanding a greater voice in corporate governance. This short course explores modern shareholder activism from, theoretical, empirical, and practical perspectives. We will focus particular attention on certain types of "specialized" shareholders, such as hedge funds and institutional shareholders, in firm governance, and how such roles have changed over time. Students will study the laws governing shareholder activism (particular in US securities law), and how these laws interact with both shareholder activist strategies and corporate defenses. This course is appropriate for advanced business law students. Some familiarity with some concepts in economics (such as elementary game theory) is helpful, but not required.
Grade: 24 Hrs. Take Home Exam 100%.