Client Updates Related To Litigation

Israel – How Your Business Can Avoid the Dramatic Increase in Accessibility Class Actions

July 1, 2020 / Anat Even-Chen, Eyal Nachshon

Recently, there has been a dramatic increase in the enforcement of accessibility issues in Israel. More and more companies are facing requests for certification of class action suits for failing to make services accessible to people with disabilities. Such proceedings, exempt from court fees, are initiated by lead plaintiffs against big and small organizations, from both the private and public sectors.

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Categories: Internet | Litigation

Who Owns the Copyright – the Photographer or the person who was Photographed?

February 25, 2020 / Daphna Klein

Potential legal exposure when one makes use of a photograph displaying his or her own image without the permission of the photographer.

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Categories: Intellectual Property | Litigation

Is It Necessary to Send a Demand Letter a Defendant Prior to Filing a Class Action Suit?

December 29, 2019 / Eyal Nachshon, Amichay Tessler

In December 2019, an expanded panel of seven Supreme Court justices published a precedential and important decision considering the issue of whether a party seeking to file a class action suit against a government agency must send a demand letter to the agency in advance of filing.

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Categories: Class Actions | Litigation

Supreme Court Dismisses Nespresso Suit against Espresso Club

August 28, 2019 / Zohar Lande, Shay Bello

The Supreme Court recently dismissed an appeal by Nestlé, the Swiss multinational food and drink processing conglomerate, and its subsidiary corporation Nespresso, filed against our client, the Israeli company Expresso Club. The appeal claimed copyright and trademark infringement, unfair competition, and damage to Nespresso's reputation.

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Categories: Commercial Litigation | Litigation

Supreme Court: A Service Text Message Is Not a Violation of the Spam Law

June 13, 2019 / Daphna Klein

The Supreme Court recently ruled on the issue of whether sending a text message in the course of customer service constitutes a violation of the Spam Law.

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Categories: Class Actions | Litigation

First Time in Israel: Enhanced Scrutiny Standard Leads to Issuing of Interlocutory Injunctions

May 14, 2019 / Barnea

This ruling constitutes a precedent in the way the court applied the standards of judicial review and held that the business judgment rule should not be applied if business decisions are made by officers while in a state of conflict of interest.

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Categories: Litigation

Legislative Amendment Enables Filing Claims against Foreign Entities in Israel

November 27, 2018 / Gal Livshits, Barnea

A recently promulgated memorandum of law to amend judicial procedures proposes to add the possibility of filing claims against foreign entities in Israel for damage they caused in Israel as a result of acts or omissions performed outside of Israel.

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Categories: Corporate Litigation | E-commerce | Internet | Litigation

Israeli Court Scrutiny Over Decisions of a Board of an Israeli NASDAQ Traded Company in a Proxy Fight

June 4, 2018 / Michael Barnea

Recently, a four month proxy fight over control of an Israeli incorporated NASDAQ traded company was settled, following a series of proceedings held before the Tel Aviv District Court. At a crucial juncture, the Tel Aviv Court was asked to issue a temporary injunction over a transaction initiated by the board, which included a highly dilutive (24.9%) issuance of shares.

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Categories: Capital Markets | Corporate | Corporate Litigation | IPOs and Public Offerings | Litigation

Precedent Set: ‘Business Judgment Rule’ Also Applies to a Board Resolution on Filing a Derivative Suit

April 29, 2018 / Barnea, Zvi Gabbay

The Israeli Supreme Court has set a precedent by ruling that the Business Judgment Rule should also be applied to a company’s board of directors when it is deciding whether or not to file a derivative suit.

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Categories: Corporate | Corporate Litigation

Substantial Fee to Be Charged for Filing a Motion to Certify a Class Action

December 11, 2017 / Barnea

At the end of November 2017, the Constitution, Law and Justice Committee of the Knesset approved a revised draft bill to amend the Courts Regulations (Fees), whereby parties filing a motion to certify an action as a class action will be charged a court fee.

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Categories: Class Actions | Litigation

New Court Decision on Transfer Pricing Taxation

June 21, 2017 / Daniel Lorber

New court decision on transfer pricing taxation may shift structuring of MA transactions from shares to assets.

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Categories: Corporate | Intellectual Property | Tax

Nespresso Loses Court Battle with Espresso Club

March 27, 2017 / Zohar Lande, Barnea

The Israeli District Court of Tel Aviv ruled against global food giant, Nestle, and its subsidiary Nespresso in a claim filed by them in Israel against Espresso Club, an Israeli company, on the grounds of alleged copyright infringement, trademark violations, unfair competition and damage to Nespresso's reputation.

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Categories: Commercial Litigation | Litigation

Class action against Directors

February 27, 2017 / Barnea

The Tel Aviv District Court approved an action as a class action filed by the minority shareholders of Delek Energy Systems Ltd. against its controlling shareholder and officers of the company.

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Categories: Class Actions | Commercial Law | Litigation

Formation of a Governmental Committee to Review Mining Royalties is Not Grounds for Arbitration

December 4, 2014 /

The Jerusalem District Court recently issued its ruling in the matter of Dead Sea Works Ltd. vs. the State of Israel. The proceeding included a discussion of Dead Sea Works’ petition to activate the arbitration clause stipulated in its concession agreement with the State of Israel. The petition was filed after the State refused to appoint an arbitrator pursuant to the arbitration clause. Dead Sea Works sought to refer to arbitration the very formation of the Sheshinski Committee, pleading that it constitutes a violation the State’s covenant not to raise the rate of royalties payable by the Dead Sea Works for its mining license. Indeed, the Sheshinski Committee was formed for the purpose of reviewing the State’s policy on royalties due in consideration for the use of Israel’s natural resources. The District Court rejected Dead Sea Works’ petition. It ruled that the mere formation of the Sheshinski Committee does not give rise to a dispute according to the arbitration mechanism prescribed in the concession agreement. The Court issued its ruling based on the specific language of the arbitration clause in the concession agreement; it is conceivable that Dead Sea Works might have been allowed to pursue its position through arbitration proceedings had the arbitration clauses been worded differently.

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Categories: Litigation

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