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Blog
/ Litigation
Unregulated Trust Mechanisms
December 5, 2024
/ by
Gal Livshits
We tend to think of a “trust” as a regulated contractual mechanism that people create through an agreement, a letter of authorization to a trustee etc. But is it possible to become part of a trust arrangement without it being formally regulated? The (perhaps surprising) answer is unequivocally “yes.”
See full post >
Document Subpoena from US Authorities: Critical Steps
December 13, 2023
/ by
Hadar Israeli
When an individual or a corporation receives a document subpoena from the United States Department of Justice (DOJ), from a US regulatory authority like the Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC), or from any other law enforcement agency in the US, it is very important to know what to do next to ensure the first response serves the client’s legal interests and best defense. More importantly, the initial response must not compromise or harm the best possible legal strategy down the road.
See full post >
100% Lizzo – Talking about Phrases and Trademarks
April 2, 2023
/ by
Ran Karmi
The American singer Lizzo succeeded in registering a trademark in the United States on the phrase “100% That B*tch,” taken from her 2017 song. The trademark was granted subsequent to an appeal, and may create uncertainty as to the scope of the protection provided under copyright and trademark laws.
See full post >
Israel: Court-Ordered Insolvency Proceedings Are a One-Way Street
March 22, 2023
/ by
Idan Miller
When a company in Israel is struggling with material financial difficulties and piles up debts, it has three main coping mechanisms at its disposal. It is important to understand that filing an application for a court order to open insolvency proceedings is a one-way street. Therefore, you must be thoroughly aware of its implications.
See full post >
Doing Business in Israel: Jurisdiction and Arbitration Stipulations
February 5, 2023
/ by
Gal Livshits
Jurisdiction and arbitration stipulations in contracts have a decisive impact on the forum that will adjudicate a lawsuit. The legal system in Israel tends to honor contract stipulations regarding foreign jurisdiction if they are unique and explicit.
See full post >
Contractor’s Insolvency during a Real Estate Project – How to Minimize Damages?
January 23, 2023
/ by
Idan Miller
When a performance contractor in a real estate project becomes insolvent, the developer must make decisions and take a series of measures. It’s important to understand the legal implications of such measures and in what instances they could expose the developer to the filing of legal actions by the insolvency trustee appointed to the contractor.
See full post >
Proposed Amendment to Israeli Class Action Regulations Could Infringe on Public Companies’ Rights
November 23, 2022
/ by
Eyal Nachshon
The proposed amendment to the Class Action Regulations contradicts the Courts Regulations (Review of Files). If enacted, any person, in any case and without providing justification, may review the statements of response filed by respondent-companies to the motions to certify class actions filed against them.
See full post >
The Courts and the Metaverse – Service of Process through NFTs and Other Innovations
November 2, 2022
/ by
Haguy Kessel
Extensive business activity in the metaverse and in the crypto sector is forcing judicial systems worldwide to evolve. Will the judicial system in Israel follow suit?
See full post >
Arbitration Clauses in International Agreements – Do’s and Don’ts
September 20, 2022
/ by
Moran Bickel
,
Naama Ben Arosh Moshe
Arbitration, around the world and particularly in Israel, is a legitimate and well-established mechanism. Israeli courts normally honor arbitration clauses and consider them a standalone arbitration agreement.
See full post >
Criminal Law and the Adoption of the “Aggregation Theory”
May 29, 2022
/ by
Eran Elharar
Israeli courts have adopted the “aggregation theory” when approaching the task of convicting defendants. It now seems this theory might also be applied to the “abuse of process” defense.
See full post >
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