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Insights & News / Gal Livshits

Can ChatGPT be sued in Israel? Israeli court has issued its ruling

The District Court in Israel recently ruled that it has jurisdiction to adjudicate a class action filed against OpenAI, the creator of ChatGPT.

Impact of the Swords of Iron War on Apartment Deliveries

The ongoing Swords of Iron War has severely disrupted the construction sector, including severe manpower shortages and intermittent construction site closures, resulting in delayed apartment delivery dates across numerous projects. Legal Framework Governing Apartment Delivery Delays The Sale Law (Apartments) of 1974 adopts a paternalistic approach to protect apartment buyers. Its provisions are cogent, meaning […]

Following the Supreme Court's recent ruling: What do you need to know about a mutual will?

Adv. Liat Keisary, Head of the Private Clients Department at the firm, and Adv. Gal Livshits, a partner in the Litigation Department who represents high-net-worth clients in inheritance disputes, were interviewed by Calcalist following a recent Supreme Court ruling regarding mutual wills.

Categories: Inheritance Disputes | Private Clients

New Supreme Court Ruling Regarding Changes To a Mutual Will After The Spouse’s Demise

A new Supreme Court ruling overturns lower courts’ rulings and regulates the application of the “successive heirs” provision of the Succession Law, in instances when a surviving spouse who inherited property by virtue of a mutual will changes his/her will after the spouse’s death.

Unregulated Trust Mechanisms

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.”

Informal Agreements or a Binding Contract?

A new Israeli Supreme Court ruling redraws the boundaries for recognizing agreements and signals that informal agreements may also be legally binding.

Barnea: Representing Gencell in NIS 16 Million Lawsuit

Gal Livshits, Yatir Madar, and Liron Dahan from our firm’s Litigation Department are representing Gencell in a NIS 16 million lawsuit against the car importer EV Motors as well as Holon Motors. The suit alleges the defendants owe Gencell NIS 4.5 million for systems and equipment they purchased but did not pay for.

Categories: Litigation

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.

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.

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.

Categories: Litigation | Private Clients

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.

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.

Victory in Lawsuit against Shavei Israel NPO

The Tel Aviv District Court ruled the non-profit organization Shavei Israel had operated improperly for two decades in reporting to the Registrar of Associations that Ms. Sarah Green was a member of the organization. Ms. Green’s ex-husband, the founder of the non-profit, was apparently falsifying her signature on documents submitted to the Registrar. Ms. Green was represented by Advs. Zohar Lande, Gal Livshits, Zohar Haim Levinger, and Naama Ben Arosh Moshe.

Categories: Litigation

Supreme Court Reverses Decision to Shorten Pfizer’s Viagra Patent Period

Two patents protected Pfizer’s Viagra medication in Israel. When one expired, the district court ruled the second had as well. The Supreme Court, however, determined otherwise.

Product Descriptions Are Also Copyright Protected

The Bat Yam Magistrate’s Court recently deliberated on the question of whether a product description is protected by copyright. The court ruled that a marketing text constitutes a copyrighted work, even if it includes a technical description of a product.

I Shared Someone Else’s Photo on Instagram. Did I Commit Copyright Infringement?

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.

To Tag or Not to Tag: Delta Wins Suit over Sharing Customer's Photo on Instagram

An Israeli magistrates' court recently discussed the issue of copyright infringement regarding the use of a tagged photo on Instagram. According to Adv. Gal Livshits, a firm partner interviewed by Israel Hayom on the subject, "Sharing a picture of others on social media is so common we do it often without even thinking, but we must be aware that sharing a piece of content (picture, text, etc.) has consequences."

Categories: Intellectual Property | Litigation

International Commercial Arbitration Bill

The commercial business world is a global one, and so are the disputes that arise within it. Such disputes are adjudicated in courts in various countries or in arbitration proceedings, with each procedure regulated under relevant domestic legislation. (For example, the Israeli Arbitration Law regulates Israeli arbitration proceedings.)

Precedent-Setting Ruling Awards Actual Litigation Costs

An Israeli court recently handed down a precedent-setting ruling in a case we litigated and won. This ruling marks a game changer in terms of the costs awarded in proceedings in Israel. In its ruling, the court granted our client an award of actual costs (i.e., the actual sums the client expended to litigate the proceeding).

Precedent-Setting Ruling on Court Expenses

In a precedent-setting ruling, a family court ordered the losing side in a family dispute to pay the winning side attorney's fees and court expenses in the extraordinary and unprecedented amount of NIS 2 million. This ruling indicates a sweeping change in the Israeli legal world, following new regulations that came into effect in January 2021.

Categories: Litigation | Private Clients

Advising on an Administrative Appeal to Cancel Land Grant

Last April, the Maxima company, controlled by billionaire George Horesh, received a 34-acre plot in Ashdod from the Israel Land Authority, without there being a tender process.

Three private landowners holding factories near this area petitioned via our office for the Land Authority's decision to allocate the plot without a tender be cancelled. Zohar Lande, Gal Livshits, and Adi Shoham represented the clients.

Categories: Administrative Law | Litigation

Is Your Business Ready for the Day After COVID-19?

After the coronavirus crisis passes, numerous legal disputes are likely to arise, since many companies will fail to meet their contractual-business obligations. It is recommended for each company to prepare also for the legal disputes in which it can expect to find itself.

The Difference between a Distributor and an Agent in the Law's Eyes

Do you sell, market, or distribute someone else’s goods in Israel? Your role, whether as a distributor or as an agent, affects the rights you are entitled to by law.

The Majdi Halabi Affair: The State Is Not above the Law

Adv. Gal Livshits, a partner in our Litigation Department, published an op-ed in Calcalist on the State's attempt to evade payment of a reward to the finders of the body of missing soldier Majdi Halabi following the Supreme Court's ruling that it is obligated to pay.

Categories: Litigation

Legislative Amendment Enables Filing Claims against Foreign Entities in Israel

A recently promulgated memorandum of law to amend judicial procedures proposes to add the possibility of filing claims against foreign entities in Israel for damage they caused in Israel as a result of acts or omissions performed outside of Israel.

All You Need to Know about Receiving Brokerage Fees in a Transaction

Here are a few rules of thumb to make it easier for you to receive the brokerage fee payment and to make it harder for your clients to evade such payment.

At the Request of Roni Mana, Represented by Barnea & Co., a Foreclosure was Imposed on Arena Star Group Ltd.

Roni Mana, represented by Adv. Zohar Lande and Gal Livshitz from the Litigation Department at Barnea, requested the court to order that Arena Star Group Ltd. pay brokerage fees for the sale of the Arena mall in Herzeliya. The Tel Aviv District Court today accepted Mana's request for a temporary foreclosure on the funds received by the company for the sale of the mall.

Categories: Commercial Litigation | Litigation

Barnea & Co. Represents Real Estate Agent, Roni Mana and his Agency

Adv. Zohar Lande and Adv. Gal Livshits from the Litigation Department at Barnea are representing real estate agent, Roni Mana, and his agency, in a lawsuit filed at the Tel Aviv District Court against Arena Star Group Ltd, controlled by Marcus Weber, and the CEO, Michael Fuchs, for failure to pay brokerage fees in the amount of NIS 5.88 million.

Categories: Litigation

After 9 Years of Litigation, David's Geller Claim Against Yitzchak Omer, Who Was Represented by Barnea & Co., Was Dismissed.

As previously published, Geller had filed a lawsuit alleging fraud in the amount of nearly NIS 70 million. Even though the main claim for fraud was dismissed, the District Court obliged Omer to pay millions of NIS to Geller deciding that they were granted to Omer as a loan.

Geller and Omer both appealed to the Supreme Court. The Supreme Court denied Geller's appeal entirely, accepted Omer's appeal and returned the case to the District Court.

This week, the District Court dismissed the action entirely and accepted Omer's argument that the funds were transferred to him as part of a share purchase transaction. The Court ruled that under these circumstances, Omer does not need to reimburse the funds or to transfer any shares.

Categories: Commercial Litigation | Litigation

District Court in Tel Aviv dismisses claim by Malibu against the Har-Gil family

Adv. Zohar Lande and Adv. Gal Livshits represented the Har- Gil family, the defendants in a claim for NIS 13 million filed by the real estate company, Malibu. The dispute related to payments allegedly owed by the Har-Gil family with regard to a plot of land owned by the Har-Gil family, developed by Malibu. The District Court in Tel Aviv dismissed the claim with prejudice.

 

Categories: Litigation

Barnea & co. represents Mr. Haim Levy

The trend for Israelis to operate investment companies abroad can lead to business disputes; Adv. Zohar Lande and Adv. Gal Livshits from Barnea represent Mr. Haim Levy, known for his book "Real estate in Jeans", in a million dollar lawsuit against two of his business partners who founded a real estate company in the United States.

Categories: Litigation

The Supreme Court: "A foreign company can be liquidated in Israel".

A precedential ruling by the Supreme Court has held that a foreign company can be liquidated in Israel.

Adv. Zohar Lande commented on this decision as follows: "The Supreme Court has extended the existing boundaries of the application of Israeli liquidation law to foreign companies."

Categories: Litigation

Barnea & Co. represented eight defendants in case relating to well known property project

After seven years of litigation Advocates Zohar Lande and Gal Livshits of Barnea & Co successfully  assisted their clients to defeat a claim of NIS 10m filed by Shragai and Sons Ltd, a contractor, against their clients. The claim related to the high profile Telzstone development near Jerusalem. The claim was dismissed by the Court with costs awarded against the Plaintiff.

Categories: Litigation

Barnea & Co. represented "IN SPI AIR"

The Tel Aviv District Court rejected yesterday (Tuesday) a claim of NIS 67 million that was filed by the Canadian businessman David Geller, against the LR Group and start-up "IN SPI AIR".

IN SPI AIR  was represented by adv. Zohar Lande and adv. Gal Lifshitz

Categories: Litigation