Search by Practice
Latest Updates / Litigation
September 2, 2021
Class Actions: What Happens When the Alleged “Wrongdoing” Has Already Been Rectified?
Motions to certify class actions have long since become one of the most prevalent challenges facing private and public companies providing services to the public. Empirical studies show a gradual and nearly steady rise in the number of motions to certify class actions being filed since the Israeli Class Actions Law was enacted in 2006 and to date. If initially, a few dozen motions were filed annually, today, hundreds and even thousands of such motions are filed each year with the various courts, which imposes a heavy burden on the courts and on the parties being sued.
August 12, 2021
Indictments Filed in US for Fraudulent Receipt of Federal Financial Assistance from CARES Act
With the outbreak of the COVID-19 pandemic, the United States government enacted the Coronavirus Aid, Relief and Economic Security (CARES) Act. The volume of assistance, totalling USD 2.8 trillion, provided financial aid to individuals and organizations facing economic hardship and access to loans with convenient terms for the purpose of paying salaries and other specific expenses under a program called the Paycheck Protection Program (PPP). Many Israeli companies operating in the United States also submitted applications for grants and loans under the PPP.
The initiative, while commendable, also opened the door for those seeking to exploit the government assistance to commit fraud and deceit.
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.
July 13, 2021
Implications of European Whistleblower Protection Directive on Israeli Companies
By October, companies in the European Union employing at least 50 employees will be required to operate an internal reporting system for reporting misconduct that may indicate compliance violations. Furthermore, all companies in the EU, regardless of size, will be required to ensure the protection of whistleblowers from all types of retaliation.
The EU Whistleblower Protection Directive originally came into force in October 2019. It gave EU member states two years to prepare to incorporate the directive into their national legislation. Prior to the enactment of the directive, no uniform binding legislation applied to all EU member states and only 10 member states had enacted national legislation in this regard. The upcoming inception of national whistleblower protection laws throughout the EU will naturally trigger a ripple effect.
July 6, 2021
Warning, Border Ahead? Expanding Israeli Courts’ Jurisdiction over Foreign Defendants
In early June 2021, the Tel Aviv-Yafo District Court handed down an important precedential ruling. The ruling expands the identity of an authorized agent, i.e., the entity to whom a statement of claim may be served and that thus subjects a foreign defendant to the jurisdiction of the Israeli court.
June 27, 2021
Representation in "Pancake House" Family Business Dispute
A family business dispute between the family members of the founder of the "Pancake House" chain has recently made headlines.
The dispute erupted when one of the founder's sons accused his nephew (the founder's grandson) of violating the chain's trademarks by launching a new Tel Aviv venture called "TLV Pancake House" as a continuation of his grandfather's legacy.
Our firm’s Eyal Nachshon and Naama Moshe are representing TLV Pancake House and the founder's grandson in the legal proceedings.
May 27, 2021
Representation in a dispute with a cooperative association
In recent days, the story of an Arab citizen named Samar Graeb has made headlines. About a year ago, he bought a house in the "Hapoalim neighborhood" in Afula and applied to be accepted as a neighborhood resident. The neighborhood committee rejected his request, claiming that it was a neighborhood with a Jewish, Zionist, and secular character.
Firm partner Shai Avnieli is representing Mr. Graeb in proceedings before the neighborhood committee and has appealed its decision.
Next week, a meeting is expected to convene, during which members will vote on whether to accept or reject the neighborhood committee's decision.
May 18, 2021
Everything You Need to Know When Registering a Patent
Building an initiative? Does it include intellectual property you want to protect? We were interviewed by Globes, explaining to entrepreneurs every step they must take on the path to registering a patent.
May 10, 2021
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.)
March 9, 2021
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).
February 28, 2021
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.
February 18, 2021
Mediation Agreement between Actors' Organization and Eshkolot Reaches Court
Israeli Attorney General Avichai Mandelblit has submitted his opinion regarding the mediation agreement signed by the actors' organization Shaham and a number of performing artists with Eshkolot.
An article published in TheMarker describes the management changes being undertaken by Eshkolot as a result of the legal proceedings against it.
Adv. Eyal Nachshon, who represents Shaham and the artists, noted in the article that Shaham and a number of artists have been leading this legal proceedings for some time, demanding both significant changes to Eshkolot's management and increased transparency. One of the most substantial achievements in the process so far, thanks to the mediation arrangement, is that for the first time members from the younger generation of performing artists in Israel are being included in Eshkolot's management.
February 11, 2021
Temporary Procedure for Insolvency Procedures in Israel in Light of COVID-19
The coronavirus pandemic has wreaked extensive economic havoc on the activities of many businesses and households in Israel. According to data from the Commissioner of Insolvency Proceedings, 2020 brought a rise of about 41% in the number of applications to commence insolvency proceedings compared to 2019.
February 1, 2021
Class Action Lawsuits: What Are They?
What are class actions and what is their purpose? In what circumstances may a class action be filed? What are the important points to consider when filing a class action? Eyal Nachshon, a partner in our firm’s Litigation Department, answers all these questions and more on a new Calcalist podcast.
December 27, 2020
The Battle Firing Up Prominent Artists in Israel
In recent years, leading artists in Israel have alleged a lack of transparency in how Eshkolot, a company that oversees artists' royalties, is managing their money. Several of these artists are stakeholders of the company, and some previously held various positions in the company.
Adv. Eyal Nachson was interviewed for an article by TheMarker on the subject. Eyal was quoted as follows: "On the recommendation of the court, Shaham – The Israel Actors' Association conducted a comprehensive and in-depth mediation procedure with Eshkolot. At the end of the mediation, the parties reached an agreement including achievements that will strengthen the control and supervision of the royalty amounts."
October 1, 2020
Japan, the Land of the Rising Sun, and Interest in Israeli Hi-Tech Companies
2014 was a good year for the Israeli-Japanese economic relationship. Viber’s USD 900 million acquisition by Japanese giant Rakuten and the RD cooperation agreement between Japan and Israel marked the beginning of growing interest and a successful relationship between the two distinct countries.
September 8, 2020
The Ultimate Guide to eDiscovery
This has opened the door to an era of massive discovery of thousands different kinds of documents of between the parties (Word documents, PDFs, Excel spreadsheets, emails, photos, and audio files), which was uncommon in the days of paper and binders.
August 25, 2020
New Ruling Expected to Reduce Managers' Responsibility Following a Company's Collapse
In an important ruling recently handed down, the Tel Aviv District Court rejected a NIS 120 million lawsuit filed by Habas Group against the company's managers. Judge Kabub's ruling constitutes an initial interpretation of a new section of the the Insolvency and Rehabilitation Law, which deals with the degree of responsibility that can be attributed to managers when the company they run becomes insolvent.
August 20, 2020
Israeli M&A players take note, the Warranty & Indemnity (W&I) Insurance market has matured.
This has opened the door to an era of massive discovery of thousands different kinds of documents of between the parties (Word documents, PDFs, Excel spreadsheets, emails, photos, and audio files), which was uncommon in the days of paper and binders.
July 1, 2020
Lawsuit Filed against Moshe Hogeg Alleges Fraud in Stox Fund Raising
Our firm is representing a Canadian citizen in a NIS 5 million lawsuit against Moshe Hogeg, a well-known Israeli entrepreneur in the crypto field. Our client claims the funds raised by Hogeg’s company Stox were used by the defendants for their own personal purposes, and that the defendants violated their obligations to investors.