Search by Practice
Insights & News / Litigation
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. Adv. Eyal Nachshon, Adv. Avinadav Preuss, and Adv. Naama Ben Arosh Moshe prepared the statement of claim.
September 21, 2023
Derivative Claims and Independent Committees: Adv. Eyal Nachshon Lecture on Israeli Association of Publicly Traded Companies Webinar
Following the publication of draft regulations on derivative claims, Adv. 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. In his lecture, Eyal referred to the draft regulations with an eye toward litigation.
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 Adv. Zohar Lande, Adv. Shachar Rothschild, and Adv. Adi Shoham.
August 28, 2023
Insolvency: Debt Settlements on the Rise
Adv. Idan Miller, the head of the firm's Insolvency Department, was interviewed by Globes about the wave of companies in financial distress. Idan noted that “what we’re seeing in the newspapers is only the tip of the iceberg.” According to Idan, a large number of unpublicized debt settlements are currently underway in contracting, high-tech, and security procurement companies.
June 21, 2023
Barnea: Representing Bareket in ILS 20 Million Lawsuit
Adv. Shai Avnieli and Adv. Omer Ungar represent Bareket in a lawsuit filed against it by construction company Longshine. Longshine, which served as the main contractor on a project initiated by Bareket, was nine months late in delivering the project. As a result, Bareket deducted approximately ILS 10 million from the construction account.
August 7, 2023
Barnea: Advising Anise on Corporate Recovery Plan
Adv. Idan Miller and Adv. Liron Dahan are advising Anise on a corporate recovery plan, after the natural products chain fell into an approximately ILS 22.9 million debt. As part of this process, our firm submitted a request to the district court to appoint a trustee and approve a debt arrangement. Anise’s debts accumulated due to branch expansion and an increase in interest rates. The chain is now working to implement its all-encompassing corporate recovery plan, which includes closing unprofitable branches, closing a packaging plant in Kiryat Anavim, improving efficiency, and further reductions.
August 8, 2023
Barnea Represents Contempo in ILS 11 Million Lawsuit
Our firm is representing Adi Nahum, a partner in the Contempo real estate group, and several companies owned by him, in an ILS 11 million claim for monetary relief and other remedies, including the removal of minority oppression and a declaratory judgment of ownership rights in companies in Contempo against the company's owner, Shahar Raz, and other companies in the group. Contempo oversees dozens of urban renewal projects in sought-after neighborhoods in central Tel Aviv, Givatayim, Givat Shmuel, Ra’anana, Bat Yam, and Ramat Hasharon.
July 17, 2023
Barnea: Representing 120 Apartment Owners in Pinui-Binui Project Against Three Recalcitrant Owners
Our Real Estate Department is advising apartment owners in a residential complex designated for pinui-binui in Herzliya. We represented a group of about 120 apartment owners in court against three recalcitrant owners who are objecting to the project due to their demand for higher recompense from the contractor. The court made the extraordinary decision to order the recalcitrant owners to pay ILS 7.8 million in compensation (ILS 2.6 million apiece). In addition, each recalcitrant owner was ordered to pay ILS 20,000 for legal expenses.
July 9, 2023
New Limitations on the Rehabilitation of an Insolvent Company
In a recent ruling in the Bachar Real Estate case, the court prioritized the rights of tenants over insolvent urban renewal companies and created a significant obstacle to the rehabilitation of such companies. Adv. Idan Miller, the head of our firm's Insolvency Department, presents the challenges of the new ruling in an op-ed for Globes.
July 5, 2023
Barnea: Representing RGE in Hot’s Appeal to the Supreme Court over FREETV
Our firm represented RGE in the appeal the television cable company Hot filed with the Israeli Supreme Court over the Second Authority for Television and Radio’s decision to approve the establishment of FREETV, a joint initiative between RGE and Keshet. In its appeal, Hot claimed approval of the project was invalid because of alleged harm to competition and because of the project’s potential consequences on centralization in the media. The Supreme Court rejected the appeal and ruled it was not within Hot’s authority to determine a legal flaw in the decision-making process or the approval itself. RGE was represented by Adv. Zohar Lande, Adv. Eran Winner, Adv. Ido Vakshi, and Adv. Lina Makhuli.
July 3, 2023
Dr. Avishay Klein and Adv. 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 Adv. 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 28, 2023
Barnea Represents Billionaire in Dispute with Former Son-in-Law
A tumultuous seven-year family dispute concluded with a ruling by Israel's Supreme Court in favor of our client. The Court held that funds our client had allocated for the benefit of his daughter, which were managed by his former son-in-law through various investments, were intended to be held in trust and were not a gift, as the former son-in-law had claimed.
The Supreme Court ordered the appointment of a trustee to manage the trust in accordance with its objectives and directed the former son-in-law to return the funds to the trust. The trustee is authorized to take all actions necessary to recover the trust's assets, including funds allegedly misappropriated by the former son-in-law. The Court also ordered him to pay our client's legal fees and expenses totaling ILS 1.25 million.
Adv. Zohar Lande, Adv. Gal Livshits, Adv. Adi Shoham, Adv. Zohar Haim Levinger, and Adv. Liron Dahan represented our client in this matter.
June 20, 2023
Class Actions Law: Adv. Eyal Nachshon Lectures on Israeli Association of Publicly Traded Companies Webinar
Adv. 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 Globes section covering significant rulings from the past week, the publication featured a judgment in a case in which our firm represented Eshkolot. The matter involved a lawsuit filed by an Israeli copyright company against Netflix. The company served the claim on Netflix's Israeli lawyer, with whom it had previously corresponded, but he argued that he was not authorized to represent Netflix. In the absence of an explicit power of attorney, the court held that service of the claim on Netflix was valid. Eshkolot was represented by Adv. Eyal Nachshon.
May 24, 2023
Lecture: Positions and Interests in the Event of Insolvency
Adv. Idan Miller is lecturing in a small-business finance risk assessment course 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).
April 24, 2023
Barnea: Representing Eshkolot in Lawsuit Against Netflix
Adv. Eyal Nachshon and Adv. Naama Ben Arosh 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: Adv. 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?
March 7, 2023
District Court Dismisses 66 Class Actions over Accessibility
In a landmark 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. Adv. Eyal Nachshon, Adv. Zohar Haim Levinger, and Adv. Naama Ben Arosh Moshe represented a large number of the companies.
February 7, 2023
Barnea Represents Car Safety Company in Industrial Espionage Lawsuit
Adv. Zohar Lande, Adv. Moran Bickel, and Adv. Asaf Glazner represent car safety company D-Lock in its ILS 20 million lawsuit against SafeCar. D-Lock alleges that SafeCar engaged in industrial espionage, filed baseless lawsuits, and threatened D-Lock's managers and service providers in an effort to prevent its entry into the market.
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, Adv. Idan Miller explains if insolvency law prevents damage reduction for the contractee.