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Blog  / Litigation

Adv. Dreyfuss Ariella
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.
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Adv. Eyal Nachshon, a partner in the Litigation Department who often represents defendant companies in class action lawsuits, presents in this short video the conditions for filing a class action lawsuit, the matters for which a suit can be filed, and how a defendant company should formulate a defense.
Adv. Gal Livshits
After the coronavirus crisis passes, numerous legal disputes are likely to arise, since many companies will fail to meet their contractual-business obligations. It is recommended for each company to prepare also for the legal disputes in which it can expect to find itself.
Adv. Gal Livshits
Do you sell, market, or distribute someone else’s goods in Israel? Your role, whether as a distributor or as an agent, affects the rights you are entitled to by law.
Adv. Daphna Klein
More and more people have begun filing claims on the grounds of violations of the “Spam Law.” Israeli courts, for their part, are conveying an encouraging message to consumers in their latest rulings: they are awarding significant compensation and are certifying class actions against advertising companies and also against officers.
Adv. Daphna Klein
It is not common knowledge that officers of companies who customarily disseminate advertising messages in a manner that constitutes a violation of the Israeli Anti-Spam Law are personally exposed to lawsuits, even to class actions at millions of shekels.
Adv. Gal Livshits
Here are a few rules of thumb to make it easier for you to receive the brokerage fee payment and to make it harder for your clients to evade such payment.
Adv. Asaf Shalev
New article by Advs. Asaf Shalev and Daniel Kleinman on founding an Israeli non-profit organization (of the type included in the “third sector”).
Adv. Offir Ronit
The Israeli Class Action Law came into force in 2006, and formally regulates the proceedings applying to class actions in Israel. This type of action was available in Israel before 2006, but was much less developed. Since the advent of the Law, class actions have become a favored path of pursuing litigation where the damage caused to a single plaintiff is not significant and would usually not result in a claim against the party which caused the damage. The majority of class actions filed in Israel are consumer claims against corporate entities.     Court Procedures The procedure begins with a preliminary motion to the court to certify a class action. The defendant then has the opportunity to respond to this motion, and normally both parties can make oral arguments in court regarding the motion. If the court grants the motion, the proceeding continues as a class action, and the court determines the scope of the plaintiff class. The court’s decision is made public in news media as well as in official circulars, and any claimant who believes that they fall within the class may apply to join the represented class.   A defendant in a class action motion has 90 days to file a response, listing the legal and factual arguments against the approval of the class action. As a rejection by the court of the motion to approve a class action ends the legal proceeding, such a decision carries a right of appeal.   We note that most class actions in Israel end in settlements, and very few ever reach a court ruling.   Consumer Claims Many consumer claims against corporate entities include "Loss of Autonomy" as one of the causes of actions. "Loss of Autonomy" is a concept which is intended to address cases in which a person was deprived of his right to make an informed choice with respect to his body. It was first recognized in medical negligence cases and may be traced to concepts of bodily integrity and one's dignity. It constitutes both the cause of action and the type of harm caused.     Since damages were first awarded in a class action for loss of autonomy, in 2008, in the Tnuva v Rabi case, this cause of action has become integral to class actions filed by consumers against manufacturers and distributors. It has been ruled that even if the claimants have suffered no quantifiable damage, the harm caused by loss of autonomy is of the 'pain and suffering' type, exemplified by negative emotions such as disgust, helplessness, and anger. This type of harm entitles a claimant to compensation for non-monetary damages.   Following the Tnuva case, in a number of consumer class actions, the possibility of claiming non-monetary damages due to the loss of autonomy was recognized.     Implication of Filing a Class Action in Israel Since the Law came into force, the number of class actions that have been filed has increased significantly. According to official records, 7,400 class action Motions have been filed since 2006, of which 5,300 occurred in the last four years alone. In order to deal with this "flood", the Minister of Justice is examining the possibility of setting a court fee on the filing of a class action Motion- in the sum of 50,000 NIS in the Magistrates' courts, and 62,500 NIS in the District courts.   Currectly, no court fees are required when filing such a motion, and this is a first step in bringing the class action back to a reasonable proportion and easing the burden of the courts in dealing with increasing numbers of motions.   Source: barlaw.co.il
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