1. © 2016 Fox Rothschild Panelist Issues and Key Legal Issues Leonard N. Budow, Esq. Partner April 10, 2016

2. Panel Issues United States Trends in Consumer Goods Regulations, the law and your product: – Laissez Faire and 1,000,000 regulations Sentier dreaming: – The US $100,000,000 order BSD in the United States – County of Origin, labeling and branding

3. Legal Overview Laws, laws and more laws Corporations, Limited Liability Companies, Joint Ventures and Branches Real Estate and the US $3,000,000 Bogey Patriot Act Corrupt Practices Act or the FCPA Sarbanes Oxley

4. United Nations Convention on the International Sale of Goods The Big One - or what do we do now Battle of the Forms Israel and the CISG--Good Faith Is the CISG “US law” or “Israeli law?” No perfect tender rule Contract formation Parole Evidence

5. The First Sale Doctrine Not just copyright Manufacturer—Middleman—U.S. Buyer Elements of a true first sale: – A bona fide sale by transfer of title between manufacturer and middleman – Evidence that the time of the sale goods were meant for the U.S. – Arm’s length sale between manufacturer and middleman – Treasury Decision 96-87 to determine transaction value

6. E-Commerce and Data Privacy Security United States and State laws What is personal data? Data Protection Officers Collection and Processing Enforcement Fax Marketing Online Advertising - disclosures in digital advertising

7. Intellectual Property Types of Intellectual Property – Trademark, copyright and patent – Trade secrets Value of U.S. Intellectual Property – Exclusivity – Business valuation – Enforcement Comparison of Israeli v. U.S. protection

8. Intellectual Property A.Trademarks 1.Commerce v Registration 2.US National Rights and Use 3.Geographic Use 4.Ownership by a Non US entity and Use 5.Madrid Protocol 6.Basis for opposing a trademark registration 7.Intention to Use 8.Incontestability 9.Cancellation Proceedings

9. Intellectual Property B.Copyright 1.Berne Treaty 2. Infringement Actions 3.Statutory Damage sand Attorney’s Fees v Actual Damages 4.Prevailing Party Rule 5.Settlements—Reasonable Royalty

10. Israeli Investments in the United States – U.S. Tax Considerations Passive Investments Income from a U.S. Trade or Business – Branch – Partnership – Corporation Repatriation of Income Real Property

11. About Fox Rothschild LLP American law firm with nearly 750 attorneys practicing in 22 offices coast to coast.

12. About Fox Rothschild LLP Serving clients for more than a century and climbing the ranks of the nation’s largest firms for many years, according to both The Am Law 100 and The National Law Journal. Named a “Go-To Law Firm” in annual survey of Fortune 500 companies

13. About Fox Rothschild LLP Our lawyers provide a full range of legal services to public and private companies based on eight core areas of law: o Corporate o Entertainment Law o Financial Restructuring and Bankruptcy o Intellectual Property o Labor and Employment o Litigation o Real Estate o Taxation and Wealth Planning

14. Leonard N. Budow, Esq. 212.878.7902 LBudow@foxrothschild.com