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Latest Updates / Litigation
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.
June 19, 2023
Barnea: Eshkolot vs. Netflix
In a new section of Globes covering significant rulings from the past week, a judgment was published in which our firm represented Eshkolot. The case involved a lawsuit filed by an Israeli copyright company against Netflix. The company sent the claim to Netflix's Israeli lawyer, with whom they had corresponded, but he claimed he was not authorized to represent the company. In the absence of an explicit power of attorney, the court ruled that the claim was properly served to the company. Eshkolot is represented by Attorney Eyal Nachshon.
June 8, 2023
Simulated Contracts and Concealed Agreements
The Israeli Supreme Court’s ruling contains strict determinations regarding simulated contracts whose sole purpose is to defraud the tax authorities and the banking system. Inter alia, the Supreme Court addressed an ongoing judicial debate about the classification of simulated contracts.
May 29, 2023
SEC vs. Philips: Expansion of Foreign Corrupt Practices Act
The SEC is expanding the application of US Foreign Corrupt Practices Act provisions. It is commencing law enforcement proceedings against non-American companies operating outside the United States and against actions that merely raise concerns of acts of corruption. Companies with international operations must familiarize themselves with the FCPA’s provisions and prepare accordingly.
May 24, 2023
Lecture: Positions and Interests in the Event of Insolvency
Adv. Idan Miller is lecturing to a small business finance risk assessment course. The course is for credit coordinators and business bankers at Israel Discount Bank. The course was organized by the BDO Academy of Finance and the Israeli Institute of Finance (IFI).
May 21, 2023
Cooperating May Credit Corporations with Leniency in Enforcement
Law enforcement authorities in the United States are adopting a policy of lenient law enforcement measures against corporations that cooperate during investigations, document their activities, and implement compliance programs. This policy also applies to Israeli companies operating in the United States.
May 10, 2023
Delay in Delivery of Apartment – Waiver of Claims Clauses
To ensure the agreed arrangement is appropriate and does not include a waiver of the buyer’s cogent rights under Israeli law, several principles should be taken into account, such as if the agreement reflects a reasonable assessment of the inherent risks in the event of disputes between the parties.
May 4, 2023
Attorney-Client Privilege Does Not Apply to Directors of Insolvent Companies
The Israeli Supreme Court has ruled that legal advice given to directors who are members of an audit committee or an independent committee is not protected by attorney-client privilege and that the company (and the trustee who is subrogating for the company) own the legal advice. Consequently, a trustee appointed after a company collapses may receive documents and correspondence exchanged between directors and the company’s attorneys.
April 24, 2023
Barnea: Representing Eshkolot in Lawsuit against Netflix
Eyal Nachshon and Naama Ben Arush Moshe are representing Eshkolot, the Company for the Performing Rights of Israeli Artists in a lawsuit it filed against Netflix, alleging the company made use of protected performances without obtaining the artists’ consent and without paying them royalties.
April 10, 2023
Insolvency and Late Offers: Idan Miller Op-Ed in TheMarker
Does the ability to make a later offer in insolvency proceeding help creditors to receive more and allow the trustee to conduct a more thorough procedure?
April 2, 2023
100% Lizzo – Talking about Phrases and Trademarks
The American singer Lizzo succeeded in registering a trademark in the United States on the phrase “100% That B*tch,” taken from her 2017 song. The trademark was granted subsequent to an appeal, and may create uncertainty as to the scope of the protection provided under copyright and trademark laws.
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 and Asaf Glazner 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.