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Latest Updates / Litigation
September 20, 2023
Does the Proposed Amendment to the Israeli Contract Law Change the Aprofim Ruling?
Contrary to the headlines, a careful examination of the amendment shows it is anchored in Supreme Court case law, and that it creates greater certainty with regard to contract interpretations in the business sector.
September 19, 2023
Contracts, Signatures, and Smileys: Are Emojis Legally Valid?
Courts around the world are being asked to determine the legal standing of emojis and to include ideograms in contract doctrine when a consensus about their meanings has not yet been reached.
September 10, 2023
What Is and Isn’t Permissible When Startup Founders Split
A founders’ agreement should resolve problems that might arise in the event of the dissolution of a joint venture. However, even in the absence of such an agreement, the founders cannot evade their obligations pursuant to the Israeli Companies Law.
September 6, 2023
Successful and Proactive Institutional Activism in Israel
Following a lengthy battle by the majority shareholders in Megureit, led by Phoenix Group and More Investment House, a significant reduction was made to the REIT fund’s management fees. The agreement was reached after an institutional activist struggle, including a petition to the court and a demand for a special shareholders’ meeting. Phoenix and More were represented by firm partners Zohar Lande and Hagit Ross, with additional assistance from Shachar Rothschild, Alon Anava, Tzofiya Shenfeld, and Ronit Lerer.
August 31, 2023
Who Owns the Building Rights?
An important ruling handed down by the Israeli Supreme Court clarifies how specific rights holders acquire additional or future building rights in real estate assets.
August 28, 2023
Insolvency: Debt Settlements on the Rise
Idan Miller, the coordinator of our firm’s insolvency and corporate recovery practice, was interviewed by Globes about the wave of companies in financial distress. Idan noted that “what we’re seeing in the newspapers is only the tip of the iceberg.” According to Idan, a large number of unpublicized debt settlements are currently underway in contracting, high-tech, and security procurement companies.
August 13, 2023
Barnea: Representing Bareket in NIS 20 Million Lawsuit
Shai Avnieli and Omer Ungar are representing Bareket in a lawsuit the construction company Longshine has filed against it. Longshine, which served as the main contractor in a project initiated by Bareket, was nine months late in delivery of the project. As a result, Bareket deducted approximately NIS 10 million from the construction account.
August 8, 2023
Barnea: Representing Client in NIS 11 Million Lawsuit
Our firm is representing Adi Nahum, a partner in the Contempo real estate group, and several companies owned by him, in an NIS 11 million claim for monetary relief and other remedies, including the removal of minority oppression and a declaratory judgment of ownership rights in companies in Contempo against the company's owner, Shahar Raz, and other companies in the group. Contempo oversees dozens of urban renewal projects in sought-after neighborhoods in central Tel Aviv, Givatayim, Givat Shmuel, Ra’anana, Bat Yam, and Ramat Hasharon.
August 7, 2023
Barnea: Advising Anise on Corporate Recovery Plan
Idan Miller and Liron Dahan are advising Anise on a corporate recovery plan, after the natural products chain fell into an approximately ILS 22.9 million debt. As part of this process, our firm submitted a request to the district court to appoint a trustee and approve a debt arrangement. Anise’s debts accumulated due to branch expansion and an increase in interest rates. The chain is now working to implement its all-encompassing corporate recovery plan, which includes closing unprofitable branches, closing a packaging plant in Kiryat Anavim, improving efficiency, and further reductions.
July 30, 2023
Amendments to the Israeli Succession Law
Amendments to the Israeli Succession Law have recently come into effect that expand the authority of the Succession Registrar, reduce the number of matters transferred to the Family Court, and limit instances of the Custodian General’s supervision over estate executors.
July 17, 2023
Barnea: Representing 120 Apartment Owners in Pinui-Binui Project against Three Recalcitrant Owners
Lawyers from our firm’s Real Estate Department, are advising apartment owners in a residential complex designated for pinui-binui in Herzliya. They represented a group of about 120 apartment owners in court against three recalcitrant owners who are objecting to the project due to their demand for higher recompense from the contractor. The court made the extraordinary decision to order the recalcitrant owners to pay NIS 7.8 million in compensation (NIS 2.6 million apiece). In addition, each recalcitrant owner was ordered to pay NIS 20,000 for legal expenses.
July 9, 2023
New Limitations on the Rehabilitation of an Insolvent Company
In a recent ruling in the Bachar Real Estate case, the court prioritized the rights of tenants over insolvent urban renewal companies and created a significant obstacle to the rehabilitation of such companies.Idan Miller the manager of our firm’s insolvency and corporate recovery practice, presents the challenges of the new ruling in an op-ed for Globes.
July 5, 2023
Barnea: Representing RGE in Hot’s Appeal to the Supreme Court over FREETV
Our firm represented RGE in the appeal the television cable company Hot filed with the Israeli Supreme Court over the Second Authority for Television and Radio’s decision to approve the establishment of FREETV, a joint initiative between RGE and Keshet. In its appeal, Hot claimed approval of the project was invalid because of alleged harm to competition and because of the project’s potential consequences on centralization in the media. The Supreme Court rejected the appeal and ruled it was not within Hot’s authority to determine a legal flaw in the decision-making process or the approval itself. RGE was represented by Zohar Lande, Eran Winner, Ido Vakshi, and Lina Makhuli.
July 3, 2023
Avishay Klein and Eyal Nachshon in TheMarker
TheMarker’s Ahad Ha’am magazine published an op-ed by Dr. Avishay Klein on the Israel Securities Authority’s latest guidelines on cyber risks (page 4). The magazine also conducted an interview with Eyal Nachshon on the increase in scope of class action lawsuits against public companies in Israel (page 11). Eyal addressed, among other things, his representation of several companies in a recent series of digital accessibility class action lawsuits.
June 28, 2023
Representing a Billionaire in a Dispute with His Former Son-in-Law
A tumultuous seven-year family conflict ended with the issuance of a ruling by Israel’s Supreme Court. The Court ruled in our client’s favor that funds allocated by him for the benefit of his daughter and which were managed by his former son-in-law in various investments were meant to be held in trust and were not given as a gift, as the son-in-law claimed.
The Supreme Court ruled that a trustee will be appointed to manage the trust in accordance with its goals, that the former son-in-law must return the funds to the trust, and that the trustee shall be entitled to take any action necessary to recoup all of the trust’s assets, including the funds the son-in-law allegedly embezzled. In addition, the Supreme Court ordered the son-in-law to bear our client’s legal fees and expenses amounting to NIS 1.25 million.
Zohar Lande, Gal Livshits, Adi Shoham, Zohar Haim Levinger, and Liron Dahan provided representation in this matter.
June 20, 2023
Class Actions Law: Eyal Nachshon Lectures on Israeli Association of Publicly Traded Companies Webinar
Eyal Nachshon, a partner in our firm’s Litigation Department, was invited to lecture on a webinar hosted by the Israeli Association of Publicly Traded Companies. Eyal discussed a recent case involving 70 simultaneous digital accessibility class action lawsuits. Also lecturing as part of the webinar were representatives from the Ministry of Justice and the Israel Securities Authority, who served as members on the committee examining the recently published amendment to Israel’s Class Action Law.
June 19, 2023
Barnea: Eshkolot vs. Netflix
In a new section of Globes covering significant rulings from the past week, a judgment was published in which our firm represented Eshkolot. The case involved a lawsuit filed by an Israeli copyright company against Netflix. The company sent the claim to Netflix's Israeli lawyer, with whom they had corresponded, but he claimed he was not authorized to represent the company. In the absence of an explicit power of attorney, the court ruled that the claim was properly served to the company. Eshkolot is represented by Attorney Eyal Nachshon.
June 8, 2023
Simulated Contracts and Concealed Agreements
The Israeli Supreme Court’s ruling contains strict determinations regarding simulated contracts whose sole purpose is to defraud the tax authorities and the banking system. Inter alia, the Supreme Court addressed an ongoing judicial debate about the classification of simulated contracts.
May 29, 2023
SEC vs. Philips: Expansion of Foreign Corrupt Practices Act
The SEC is expanding the application of US Foreign Corrupt Practices Act provisions. It is commencing law enforcement proceedings against non-American companies operating outside the United States and against actions that merely raise concerns of acts of corruption. Companies with international operations must familiarize themselves with the FCPA’s provisions and prepare accordingly.
May 24, 2023
Lecture: Positions and Interests in the Event of Insolvency
Adv. Idan Miller is lecturing to a small business finance risk assessment course. The course is for credit coordinators and business bankers at Israel Discount Bank. The course was organized by the BDO Academy of Finance and the Israeli Institute of Finance (IFI).