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Blog
/ Litigation
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.
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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.
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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.
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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.
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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.
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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?
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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.
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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.
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I Shared Someone Else’s Photo on Instagram. Did I Commit Copyright Infringement?
December 23, 2021
/ by
Gal Livshits
Sharing images on Instagram and other social network platforms is such a common practice that we do it without hardly even thinking about it. But we must be aware that sharing a piece of creative content (picture, text, etc.) has implications in terms of copyright laws.
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Extradition and Prosecution of Israelis by Foreign Courts
November 15, 2021
/ by
Hadar Israeli
In recent weeks, numerous news articles have reported on the arrests of Israeli citizens resulting from foreign investigations conducted abroad. In one instance, more than 20 employees of a Tel Aviv based company engaging in forex investment marketing were arrested following an FBI investigation.
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Class Actions: What Happens When the Alleged “Wrongdoing” Has Already Been Rectified?
September 2, 2021
/ by
Eyal Nachshon
,
Shay Bello
Motions to certify class actions have long since become one of the most prevalent challenges facing private and public companies providing services to the public. Empirical studies show a gradual and nearly steady rise in the number of motions to certify class actions being filed since the Israeli Class Actions Law was enacted in 2006 and to date. If initially, a few dozen motions were filed annually, today, hundreds and even thousands of such motions are filed each year with the various courts, which imposes a heavy burden on the courts and on the parties being sued.
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Indictments Filed in US for Fraudulent Receipt of Federal Financial Assistance from CARES Act
August 12, 2021
/ by
Hadar Israeli
With the outbreak of the COVID-19 pandemic, the United States government enacted the Coronavirus Aid, Relief and Economic Security (CARES) Act. The volume of assistance, totalling USD 2.8 trillion, provided financial aid to individuals and organizations facing economic hardship and access to loans with convenient terms for the purpose of paying salaries and other specific expenses under a program called the Paycheck Protection Program (PPP). Many Israeli companies operating in the United States also submitted applications for grants and loans under the PPP. The initiative, while commendable, also opened the door for those seeking to exploit the government assistance to commit fraud and deceit.
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Implications of European Whistleblower Protection Directive on Israeli Companies
July 13, 2021
/ by
Zvi Gabbay
By October, companies in the European Union employing at least 50 employees will be required to operate an internal reporting system for reporting misconduct that may indicate compliance violations. Furthermore, all companies in the EU, regardless of size, will be required to ensure the protection of whistleblowers from all types of retaliation. The EU Whistleblower Protection Directive originally came into force in October 2019. It gave EU member states two years to prepare to incorporate the directive into their national legislation. Prior to the enactment of the directive, no uniform binding legislation applied to all EU member states and only 10 member states had enacted national legislation in this regard. The upcoming inception of national whistleblower protection laws throughout the EU will naturally trigger a ripple effect.
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Temporary Procedure for Insolvency Procedures in Israel in Light of COVID-19
February 11, 2021
/ by
Michael Dubin
,
Liron Dahan
The coronavirus pandemic has wreaked extensive economic havoc on the activities of many businesses and households in Israel. According to data from the Commissioner of Insolvency Proceedings, 2020 brought a rise of about 41% in the number of applications to commence insolvency proceedings compared to 2019.
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Japan, the Land of the Rising Sun, and Interest in Israeli Hi-Tech Companies
October 1, 2020
/ by
Tal Freilich Hai
2014 was a good year for the Israeli-Japanese economic relationship. Viber’s USD 900 million acquisition by Japanese giant Rakuten and the R&D cooperation agreement between Japan and Israel marked the beginning of growing interest and a successful relationship between the two distinct countries.
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The Ultimate Guide to eDiscovery
September 8, 2020
/ by
Hadar Israeli
,
Shir Rozenzweig
This has opened the door to an era of massive discovery of thousands different kinds of documents of between the parties (Word documents, PDFs, Excel spreadsheets, emails, photos, and audio files), which was uncommon in the days of paper and binders.
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Israeli M&A players take note, the Warranty & Indemnity (W&I) Insurance market has matured.
August 20, 2020
/ by
Ariella Dreyfuss
This has opened the door to an era of massive discovery of thousands different kinds of documents of between the parties (Word documents, PDFs, Excel spreadsheets, emails, photos, and audio files), which was uncommon in the days of paper and binders.
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Facing A Criminal Investigation? Why It’s Important to Consult an Attorney Beforehand
June 9, 2020
/ by
Eran Elharar
Facing Criminal Investigation? Why It Is Important to Consult an Attorney Beforehand
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Companies and Class Actions
May 6, 2020
/ by
Eyal Nachshon
Adv. Eyal Nachshon, a partner in the Litigation Department who often represents defendant companies in class action lawsuits, presents in this short video the conditions for filing a class action lawsuit, the matters for which a suit can be filed, and how a defendant company should formulate a defense.
See full post >
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