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February 5, 2023

Doing Business in Israel: Jurisdiction and Arbitration Stipulations

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.

February 2, 2023

Liabilities and Exposures to Claims by an Insolvency Trustee

A worrying number of contracting companies in the real estate and infrastructure market have recently gone insolvent. A contractor’s financial collapse affects not only his creditors, but also the project’s contractee. In an op-ed, Idan Miller explains if insolvency law prevents damage reduction for the contractee.   

January 23, 2023

Contractor’s Insolvency during a Real Estate Project – How to Minimize Damages?

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.

January 19, 2023

Webinar: Accessibility of Company’s Reports

As part of a webinar held by the Israeli Association of Publicly Traded Companies, Eyal Nachshon lectured on the accessibility of company reports in the Magna and Maya systems and the exposure of public companies to public lawsuits in connection with the violation of accessibility obligations.

January 4, 2023

Representing Phoenix and More Investment House in a Dispute with Megureit Israel

Our firm continues to represent the institutional investors Phoenix and More, shareholders of Megureit Israel Ltd., in relation to a dispute about Megureit’s unlawful conduct. According to Phoenix and More, the REIT fund approved, in violation of the law, the extension of the agreement with the management company REIT Index Management Ltd., in a way that constitutes harm to the company itself (and, consequently, also to its shareholders). Megureit also refrained from transferring documents requested by Phoenix and More in this regard and procrastinated in an attempt to avoid convening a meeting and an operative discussion of the issue that could lead to a solution benefitting the company and all of its shareholders. Last week, Advs. Zohar Lande and Adi Shoham sent a letter to Megureit clarifying that Phoenix and More intend to insist on their rights, including by filing a derivative suit against the company and other parties. They requested that this letter be considered a preliminary notice before filing a derivative suit.

December 18, 2022

Representation in Class Action for Polluting Ashalim River

Following pollution to the Ashalim River and its surrounding areas in 2017, three plaintiffs filed a class action against Rotem Amfert, a subsidiary of ICL Group, for NIS 400 million. The plaintiffs demanded compensation for the ecological damage caused to the area.  

November 23, 2022

Proposed Amendment to Israeli Class Action Regulations Could Infringe on Public Companies’ Rights

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.

November 23, 2022

Barnea: Providing Representation in Powermat Shareholders' Dispute

We are providing representation in a shareholders' dispute at Powermat, one of the first startups to develop wireless charging technology. The company holds overs 145 patents, is considered a significant player in the market, and has signed large-scale deals with international companies.

November 10, 2022

"Dieselgate" Effect: Israel Changes Rules of Game for Class Actions over Environmental Damage

The Tel Aviv District Court recently allowed a motion to certify a class action against the Volkswagen Group and its importer in Israel, Champion Motors Ltd. The class action focuses on the Dieselgate scandal, after an investigation discovered that Volkswagen installed emissions management software in its diesel-powered vehicles that falsifies air pollution data.

November 3, 2022

Barnea: Representing Butcher Chain against Motion to Certify Class Action

Eyal Nachshon and Zohar Haim Levinger represented the Maadaney Gourmet butcher chain against a motion for certification of a class action filed against it. The claim alleged the chain violated provisions of the Economy Ministry's competitive procedure for 2018 regarding the import of fresh meat exempt from customs duty. After a long and in-depth mediation process, the parties reached a settlement agreement. Maadaney Gourmet agreed to donate food products to those in need, thus bringing the litigation process to an end.

November 3, 2022

Eyal Nachshon Op-Ed in Ahad Ha’am Magazine

Eyal Nachshon, a partner in our Litigation Department, has written an op-ed addressing the new amendment to Israel’s class action regulations, which may harm the rights of public companies (page 14).

November 2, 2022

The Courts and the Metaverse – Service of Process through NFTs and Other Innovations

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?

November 2, 2022

Precedent-Setting Israeli Supreme Court Ruling Limits Possibilities of Service of Process to a Foreign Company

The new ruling has significant implications since the question of service of process also involves the Israeli court’s acquisition of international jurisdiction to adjudicate a proceeding.

October 23, 2022

Zohar Lande Participated in Dun's 100 Commercial Litigation Forum

The forum discussed burning topics on the judicial agenda and referred, inter alia, to the connections between Israeli law and the international arena. Zohar addressed this topic and explained that “we have been witnessing a trend in recent years whereby Tel Aviv has become a hub for international legal proceedings.”

September 20, 2022

Arbitration Clauses in International Agreements – Do’s and Don’ts

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.

September 11, 2022

Not Just Because of Price: Why Are Food Manufacturers Shrinking Product Packaging?

Eyal Nachshon, a partner in our firm's Litigation Department, was interviewed by Globes about the lesser known aspects of the phenomenon known as "shrinkflation."

August 7, 2022

Barnea Representing Phoenix and More against Megureit Israel

Phoenix and More, two of three institutional bodies held by Megureit Israel, a residential real estate investment fund listed on the Tel Aviv Stock Exchange, sent the public company a letter demanding it disclose documents as a step before filing a derivative lawsuit against it. The basis of the letter is the claim that the extension of the agreement with the management company was carried out in a manner inconsistent with the rules of proper corporate governance and the provisions of the law, since approval of the general meeting was never received. Advs. Zohar Lande, Adi Shoham are representing Phoenix and More in this matter  

July 28, 2022

Israeli Consumers Can Sue Global Corporations Pursuant to Israeli Law Even if Agreement Determines Otherwise

This significant ruling enables small businesses to sue global mega corporations according to Israeli law.

July 27, 2022

Barnea Representing Several Ability Group Cyber Companies

Advs. Zohar Lande and Liron Dahan submitted a motion to initiate insolvency proceedings and temporary operations on behalf of several cyber companies from Ability Group. Ability Group faces debts of approximately NIS 150 million.

July 21, 2022

Schweppes Case Ruling: When Is Parallel Importing Legitimate?

The Israeli Supreme Court overturned a district court ruling and stated the court erred when it attributed internationality to the Israeli trademark “Schweppes” and associated it with a global venture.