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Latest Updates / Litigation
June 10, 2024
Increasing the Odds of Winning in an Insolvent Corporation Auction
The recent preference shown by the administrators of the insolvent ISBECO company toward the purchase offer from Hacarem Spirit indicates that, despite economic logic suggesting otherwise, the highest monetary offer will not always be the winning bid in the process.
May 19, 2024
Court Ruling Could Change the Status of Lump-Sum Contracts
Contracts in the construction sector utilize various models for calculating the consideration. These models range from contracts aimed at maximizing accuracy to contracts aimed at maximizing certainty. A new Israeli court ruling creates ambiguity between the models and adversely impacts the status of lump-sum contracts.
May 9, 2024
Supreme Court: Metpro Tender Win for M1 Metro Line Stands
Zohar Lande and Shai Avnieli represented Metpro in an administrative appeal submitted to the Supreme Court, in which another bidder attempted to disqualify Metpro’s win in the tender for the management and planning of the M1 metro line. The Supreme Court accepted the district court’s position, recommending that the appellant withdraw its appeal and reach an agreement with Metpro regarding legal expenses.
May 6, 2024
Using a Name without Permission: Privacy Infringement
An Israeli court ordered the McDonald’s fast food chain to pay ILS 40,000 to Maayan Parti, a consumer reporter for Israel’s Channel 12 News, after McDonald’s used the reporter’s name without her consent in an advertising campaign for the chain’s ice cream.
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.”
March 12, 2024
Supreme Court Issues Important Ruling on Shareholder Disputes
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.
March 11, 2024
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.
March 7, 2024
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.
March 5, 2024
Copyright: US Court Rejects Some of the Claims against OpenAI
The subjects of copyright and the protection thereof are core issues for companies that use artificial intelligence (AI) technology. Therefore, it is important to ensure that the agreements in place between different players in the economy and AI technology providers include provisions that protect such players against legal claims in relation to copyright
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.
February 18, 2024
Arbitration Clauses in International Agreements
The new law brings clarity to issues of international arbitration and helps parties to an agreement reach decisions and wisely plan ahead for any possible commercial disputes.
January 4, 2024
Copyrights: The New York Times Sues OpenAI and Microsoft
The conflict between copyright protection for content creators and the development of AI platforms by companies is being litigated once again in court. Can appropriate regulation reconcile between the parties’ needs?
January 3, 2024
Personal Liability for Debt to the Registrar of Companies
A district court in Israel has ruled to impose personal liability on a company’s CEO and director for the company’s accumulated debt to the Registrar of Companies in respect of annual fees, after the company ceased operating, because the CEO and director refrained from opening court proceedings to liquidate the company.
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.
September 21, 2023
Derivative Claims and Independent Committees: Eyal Nachshon Lecture on Israeli Association of Publicly Traded Companies Webinar
Following the publication of draft regulations on derivative claims, Eyal Nachshon, a partner in our firm's litigation department, was invited to participate in a webinar hosted by the Israeli Association of Publicly Traded Companies on the issue. In his lecture, Eyal referred to the draft regulations with an eye toward litigation.
September 20, 2023
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.
September 19, 2023
Contracts, Signatures, and Smileys: Are Emojis Legally Valid?
Courts around the world are being asked to determine the legal standing of emojis and to include ideograms in contract doctrine when a consensus about their meanings has not yet been reached.
September 10, 2023
What Is and Isn’t Permissible When Startup Founders Split
A founders’ agreement should resolve problems that might arise in the event of the dissolution of a joint venture. However, even in the absence of such an agreement, the founders cannot evade their obligations pursuant to the Israeli Companies Law.
September 6, 2023
Successful and Proactive Institutional Activism in Israel
Following a lengthy battle by the majority shareholders in Megureit, led by Phoenix Group and More Investment House, a significant reduction was made to the REIT fund’s management fees. The agreement was reached after an institutional activist struggle, including a petition to the court and a demand for a special shareholders’ meeting. Phoenix and More were represented by firm partners Zohar Lande and Hagit Ross, with additional assistance from Shachar Rothschild, Alon Anava, Tzofiya Shenfeld, and Ronit Lerer.
August 31, 2023
Who Owns the Building Rights?
An important ruling handed down by the Israeli Supreme Court clarifies how specific rights holders acquire additional or future building rights in real estate assets.