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Latest Updates / Class Actions
April 21, 2024
New Class Action Bill: Eyal Nachshon Interview with Globes
A new bill seeks to oblige would-be plaintiffs to send letters of complaint to potential defendants before filing a class action motion. Eyal Nachshon, a partner in our firm’s Litigation Department and an expert on class action lawsuits, was interviewed by Globes about his position on the bill. Eyal believes the proposed model “will only strengthen the institution of class actions.”
February 19, 2024
Court Takes Measures to Prevent Frivolous Class Actions
The Tel Aviv District Court recently reduced agreed settlements between respondents and petitioners in motions to certify class actions alleging website accessibility violations. It is thus signaling to serial petitioners that filing a motion to certify a class action is a last resort and that they must first complain to the website owner.
December 27, 2023
Barnea: Representing Eshkolot in Lawsuit against Screen iL
After filing a lawsuit against Netflix, Eshkolot, the Company for the Performing Rights of Israeli Artists continues to fight companies that use protected performances for commercial purposes without obtaining the artists’ consent and without paying them royalties. Last week, with our counsel, Eshkolot filed another lawsuit on the same issue against Stream IL Communication Ltd and the American company Stream IL Inc., which operate the website Screen iL.
Eyal Nachshon, Avinadav Preuss, and Naama Ben Arosh Moshe prepared the statement of claim.
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 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.
March 28, 2023
Class Actions on Accessibility of Public Companies' Reports Dismissed
At the conclusion of a proceeding conducted over about two years, an Israeli court recommended that the class plaintiffs withdraw their actions in light of the legal difficulties and since there is no reasonable possibility that the legal questions will be ruled in favor of the plaintiffs. The plaintiffs accepted the court's recommendation, and the court dismissed in limine 66 class actions.
March 7, 2023
District Court Dismisses 66 Class Actions over Accessibility
In a precedential ruling, the Tel Aviv District Court dismissed 66 motions to certify class actions filed against dozens of public companies. The motions alleged the companies’ financial reports and reporting to the Tel Aviv Stock Exchange’s MAYA system were not accessible to people with disabilities.
Eyal Nachshon, Zohar Haim Levinger, and Naama Ben Arosh Moshe represented a large number of the companies.
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.
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 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.
July 20, 2022
Barnea Representing Shefayim Water Park in Class Action Lawsuit
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.
January 10, 2022
Dramatic Ruling on Excessive Pricing: District Court Denies Two Motions to Certify Class Actions against Tnuva
In December 2021, the Jerusalem District Court dismissed two motions to certify a class action against the leading dairy manufacturer in Israel, Tnuva, for charging excessive prices. Both the motion and the dismissal are part of an intense dispute for years. The dispute revolves around whether the prohibition of a monopolist charging an “unfair” price applies to charging excessive fees. In 2014, the director-general of the Competition Authority published a public statement on the prohibition of excessive pricing by a monopoly.
October 20, 2021
Double the Trouble: What Happens When a Class Action Lawsuit tries to "Piggyback" off Another?
Many class action proceedings end in settlement. The settlement agreement is designed, inter alia, to facilitate an efficient and fair resolution to the proceeding, in a manner that also provides certainty to the parties. Essentially, it "takes on the risk" for all parties involved—the class action plaintiffs and their legal representation, the class, and the defendants. Settlement certification by the court constitutes res judicata, and ensures the preclusion of repeated claims regarding the subject of the settlement.
August 2, 2021
Class Actions Against Israeli Public Companies for Failing to Meet Mandatory Accessibility Requirements
Dozens of motions were filed in recent weeks to certify class actions against some of the most well-known and leading publicly traded companies and reporting corporations in Israel. These motions to certify class actions are similar in nature (apart from the different defendants) and most were filed by the same plaintiffs-petitioners and through the same attorneys.
May 20, 2020
Class Action Lawsuits Skyrocket Following Coronavirus Crisis
Adv. Zohar Lande was interviewed by Globes, where he revealed that the number of requests for class action approval coming to our office has increased twofold since the start of the coronavirus crisis. According to Zohar, no action is required by the legislature or the courts in this respect.
January 1, 2020
Eyal Nachshon Op-Ed: New Supreme Court Ruling Will Allow Businesses to Repel Class Actions
Eyal Nachshon, Partner at our Litigation Department published an op-ed in Dun's Calcalist on the new Supreme Court ruling that would-be plaintiffs must approach defendants before filing a class action suit. According to Eyal and Amichay, this ruling is significant news for private businesses seeking to repel class action lawsuits.
December 29, 2019
Is It Necessary to Send a Demand Letter a Defendant Prior to Filing a Class Action Suit?
In December 2019, an expanded panel of seven Supreme Court justices published a precedential and important decision considering the issue of whether a party seeking to file a class action suit against a government agency must send a demand letter to the agency in advance of filing.
December 13, 2018
Barnea Represented Azrieli Group in a Class Action Suit
Advs. Zohar Lande, Eyal Nachshon, and Omer Keydar of Barnea's Litigation Department represented Azrieli Group in a class action suit for not displaying a price per unit of measure for certain products on its e-commerce website. A settlement was reached in the suit.
December 11, 2017
Substantial Fee to Be Charged for Filing a Motion to Certify a Class Action
At the end of November 2017, the Constitution, Law and Justice Committee of the Knesset approved a revised draft bill to amend the Courts Regulations (Fees), whereby parties filing a motion to certify an action as a class action will be charged a court fee.
November 20, 2017
Precedent Set regarding Class Actions against Dual-Listed Companies in Israel
In a precedent-setting ruling handed down recently in the Tel Aviv District Court a motion to certify an action as a class action, which was filed against Tower Semiconductor Ltd. and its officers, was dismissed in limine based on the rationale that US law applies to the company in relation to the matter of liability, since Tower is also listed for trading in the United States.