Insights & News / Eran Winner

Our firm achieved another significant legal success in the field of franchise law, representing the “Kfar HaSha’ashuim” retail chain in a lawsuit against a former franchisee. The court accepted our client's claims and ruled that the franchisee had unlawfully used the brand after the termination of the agreement, emphasizing that franchise relationships are not binding once the contract ends. The case was led by Advs. Eran Weiner and Hadar Gonen.

In the "Three Court Rulings a Week" section, the ruling in which the Supreme Court annulled a tender for public transportation services in the Golan was selected, due to a conflict of interest involving a lawyer who advised the tender committee while also providing legal counsel to the winning bidder. Adv. Eran Winner, representing Superbus, which was declared "second qualified" in the appeal to the Supreme Court, stated: "We are pleased that the Supreme Court emphasized the importance of maintaining the integrity of the tender process. However, we regret that it was not established as a precedent that the entire tender should be annulled; rather, only the winning bid was disqualified, and our company was declared the winners of the tender as 'second qualified.'"

Zohar Lande, Eran Winner, Lina Makhuli, and Chen Segal from our Litigation Department represented Panda, a private company embroiled in a shareholder dispute that caused a deadlock within its decision-making bodies. The dispute reached the Supreme Court, which issued an important and precedential ruling. The Court accepted the company’s position and outlined the proper manner for managing and resolving shareholder disputes, as well as rules of thumb for dealing with deadlocks in private companies. These included the option to classify a director in a private company as having a "negative personal interest" and even the possibility of not bringing a transaction for approval before the board’s general meeting.

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.

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.

 Advs. Eran Winner represented Shefayim Water Park in reaching a settlement agreement in the class action filed against it over alleged violations of Israel’s Prevention of Smoking in Public Places and Exposure to Smoking Law.

As part of a new wave of COVID-19 restrictions, the Israeli Ministry of Health sought to implement a plan to mark vaccinated people with bracelets in all malls and shopping centers, thereby allowing them to walk freely around such complexes (as opposed to unvaccinated people). The Azrieli Group, through Advs. Zohar Lande, Eran Winner, Anat Even-Chen, Ido Vakshi, and Gaya Tsarfati, sent an urgent appeal to the Prime Minister, the Ministers of Health, Economy and Industry, and Justice, and the Attorney General. In the appeal, we argued that the plan is “discriminatory, offensive, unreasonable, and disproportionate.” In light of the criticism, the Prime Minister and the Minister of Health have decided to walk back the bracelet plan and not include it in the government vote for implementing the Green Pass in malls.

We represented Israel Scientific Instruments Ltd. (ISI) in a petition filed with the Jerusalem District Court against the Ministry of Health and others, claiming that the tender for the purchase of coronavirus tests managed by the Ministry of Health was conducted unequally while giving an unfair advantage to ISI's competitors.

Eran Winner, Ido Vakshi and Gaya Tsarfati, represented ISI in the petition. They petitioned the court with an order to cancel the tender and publish a new one.