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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 22, 2023

Israel: Court-Ordered Insolvency Proceedings Are a One-Way Street

When a company in Israel is struggling with material financial difficulties and piles up debts, it has three main coping mechanisms at its disposal. It is important to understand that filing an application for a court order to open insolvency proceedings is a one-way street. Therefore, you must be thoroughly aware of its implications.

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.

February 22, 2023

Abstract Elements and Trademark Dilution – Adidas versus Thom Browne

Everyone knows Adidas’s famous three parallel stripes logo, including US fashion designer Thom Browne. Despite this, Browne introduced a parallel stripes motif in his designs. In 2021, Adidas sued him for breaching its intellectual property rights. Last month, a Manhattan jury found Thom Browne did not commit trademark infringement and that Adidas would have to make do with ownership of only the three-stripe design.

February 7, 2023

Barnea Representing Car Safety Company in Industrial Espionage Lawsuit

Zohar Lande, Moran Bickel, Asaf Glazner, and Inbal Amit are representing the car safety company D-Lock in the NIS 20 million lawsuit it filed against SafeCar. D-Lock claims SafeCar engaged in industrial espionage, baseless lawsuits, and threats against D-Lock’s managers and service providers in order to stop its entry to the market.  

February 6, 2023

Buying an Apartment “On Paper” – Caveat Emptor?

A new Supreme Court ruling reverses a district court decision, while imposing heightened liability and an enhanced duty to disclose information on “on paper” apartment sellers.

February 5, 2023

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.

February 2, 2023

Liabilities and Exposures to Claims by an Insolvency Trustee

A worrying number of contracting companies in the real estate and infrastructure market have recently gone insolvent. A contractor’s financial collapse affects not only his creditors, but also the project’s contractee. In an op-ed, Idan Miller explains if insolvency law prevents damage reduction for the contractee.   

January 23, 2023

Contractor’s Insolvency during a Real Estate Project – How to Minimize Damages?

When a performance contractor in a real estate project becomes insolvent, the developer must make decisions and take a series of measures. It’s important to understand the legal implications of such measures and in what instances they could expose the developer to the filing of legal actions by the insolvency trustee appointed to the contractor.

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.

January 4, 2023

Representing Phoenix and More Investment House in a Dispute with Megureit Israel

Our firm continues to represent the institutional investors Phoenix and More, shareholders of Megureit Israel Ltd., in relation to a dispute about Megureit’s unlawful conduct. According to Phoenix and More, the REIT fund approved, in violation of the law, the extension of the agreement with the management company REIT Index Management Ltd., in a way that constitutes harm to the company itself (and, consequently, also to its shareholders). Megureit also refrained from transferring documents requested by Phoenix and More in this regard and procrastinated in an attempt to avoid convening a meeting and an operative discussion of the issue that could lead to a solution benefitting the company and all of its shareholders. Last week, Advs. Zohar Lande and Adi Shoham sent a letter to Megureit clarifying that Phoenix and More intend to insist on their rights, including by filing a derivative suit against the company and other parties. They requested that this letter be considered a preliminary notice before filing a derivative suit.

December 27, 2022

Suspected Embezzlement at Moshav Ahisamakh

Our office represents a senior official under investigation in connection with suspicions of embezzlement, estimated at approximately NIS 120 million that were allegedly wrongfully obtained from the agricultural association at Moshav Achisemech.

December 20, 2022

Israel Securities Authority Seeks Permission to Expand Authority beyond Securities Offenses

The Israel Securities Authority is seeking to expand its power. If its draft bill is accepted, this will have far-reaching consequences, as the ISA will have the power to investigate offenses related to fraud, bribery, money laundering, and cryptocurrencies (which the ISA considers to be securities).

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 23, 2022

Proposed Amendment to Israeli Class Action Regulations Could Infringe on Public Companies’ Rights

The proposed amendment to the Class Action Regulations contradicts the Courts Regulations (Review of Files). If enacted, any person, in any case and without providing justification, may review the statements of response filed by respondent-companies to the motions to certify class actions filed against them.

November 23, 2022

Barnea: Providing Representation in Powermat Shareholders' Dispute

We are providing representation in a shareholders' dispute at Powermat, one of the first startups to develop wireless charging technology. The company holds overs 145 patents, is considered a significant player in the market, and has signed large-scale deals with international companies.

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.

November 3, 2022

Barnea: Representing Butcher Chain against Motion to Certify Class Action

Eyal Nachshon and Zohar Haim Levinger represented the Maadaney Gourmet butcher chain against a motion for certification of a class action filed against it. The claim alleged the chain violated provisions of the Economy Ministry's competitive procedure for 2018 regarding the import of fresh meat exempt from customs duty. After a long and in-depth mediation process, the parties reached a settlement agreement. Maadaney Gourmet agreed to donate food products to those in need, thus bringing the litigation process to an end.

November 3, 2022

Eyal Nachshon Op-Ed in Ahad Ha’am Magazine

Eyal Nachshon, a partner in our Litigation Department, has written an op-ed addressing the new amendment to Israel’s class action regulations, which may harm the rights of public companies (page 14).

November 2, 2022

The Courts and the Metaverse – Service of Process through NFTs and Other Innovations

Extensive business activity in the metaverse and in the crypto sector is forcing judicial systems worldwide to evolve. Will the judicial system in Israel follow suit?