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Insights & News / Eyal Nachshon

Barnea: Advising Tel Aviv University’s Student Exchange Program

Eyal Nachshon and Irit Brodsky, together with our firm’s administrative staff, is helping to guide Tel Aviv University’s student exchange program. As part of the program, the team met with Prof. Yishai Blank, the Dean of Tel Aviv University’s Faculty of Law.

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.
Eyal Nachshon, Avinadav Preuss, and Naama Ben Arosh Moshe prepared the statement of claim.

Categories: Class Actions | Litigation

Derivative Claims and Independent Committees: Eyal Nachshon Lecture on Israeli Association of Publicly Traded Companies Webinar

Following the publication of draft regulations on derivative claims, 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 on the issue. In his lecture, Eyal referred to the draft regulations with an eye toward litigation.

Categories: Derivative Actions | Litigation

Avishay Klein and 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 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.

Categories: Class Actions | Cyber | Litigation | Privacy Law

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.

Categories: Class Actions | Litigation

Barnea: Eshkolot vs. Netflix

Globes’ new weekly column, “Three Legal Rulings in a Week,” chose to highlight the court’s ruling in a case handled by firm partner Eyal Nachshon. Eyal and his team are representing Eshkolot in the lawsuit it filed against Netflix.

Categories: Intellectual Property | Litigation

Barnea: Representing Eshkolot in Lawsuit against Netflix

Eyal Nachshon, Dana Bookstein 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.

Categories: Litigation

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.

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.

Categories: Class Actions | Litigation

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.

Categories: Class Actions | Litigation

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.

Categories: Insolvency and Debt Arrangements | Litigation

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.

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.

Categories: Litigation

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).

Categories: Litigation

Not Just Because of Price: Why Are Food Manufacturers Shrinking Product Packaging?

Eyal Nachshon, a partner in our firm's Litigation Department, was interviewed by Globes about the lesser known aspects of the phenomenon known as "shrinkflation."

Categories: Litigation

Plus Ventures and Oren Abeksis Sue Unicorn Company Lusha for Fraud

The investment fund Plus Ventures and private investor Oren Abeksis claim they invested millions of shekels in a previous incarnation of Lusha and that they were defrauded by the entrepreneurs. Zohar Lande, Eyal Nachshon, Dana Bookstein, and Naama Ben Arosh Moshe are representing the plaintiffs.

Categories: Litigation

Website Accessibility - Legislation and its Meaning

Adv. Anat Even Chen and Adv. Eyal Nachshon, Partners at our office, lectured today at the website builders forum on the requirements and obligations of owners, site builders, and site operators given the obligation to access the degrees.

 

Categories: Internet | Litigation | Regulation

Nothing Lasts Forever – New Israeli Supreme Court Ruling Expected to Reduce Legal Protection Granted to Managers and Board Members in Israel

After a lawsuit filed by liquidators of a company that collapsed against the company’s former officers, directors, and independent auditors was dismissed in limine, a new Israeli Supreme Court ruling overturned that decision and allowed the liquidators to move forward with the lawsuit, alleging that lack of oversight was what led to the company’s collapse. The significance of this new ruling is that the “business judgment rule” will no longer be interpreted as providing automatic protection to executives, and they may now be compelled to participate in lengthy legal proceedings to prove their entitlement to legal protection.

Shareholder Dispute at SeeTree Startup

Advs. Eyal Nachshon and Shachar Rothschild represent the minority shareholders of the SeeTree startup. The minority shareholders, who until recently held 3.8% of the company’s shares, claim in the lawsuit we filed that their holdings were diluted to 3.074%, depriving them of their rights, while the majority shareholders exceeded their authority and violated obligations to them. The startup completed a sixth round of funding this year at a value of USD 70 million.

Categories: Litigation

Double the Trouble: What Happens When a Class Action Lawsuit tries to "Piggyback" off Another?

Many class action proceedings end in settlement. The settlement agreement is designed, inter alia, to facilitate an efficient and fair resolution to the proceeding, in a manner that also provides certainty to the parties. Essentially, it "takes on the risk" for all parties involved—the class action plaintiffs and their legal representation, the class, and the defendants. Settlement certification by the court constitutes res judicata, and ensures the preclusion of repeated claims regarding the subject of the settlement.

 

District Court Ruling: Azrieli Foundation Exempt from Paying Taxes on Dividends

An Israeli district court rejected the Israel Tax Authority’s attempt to force the Azrieli Foundation to pay taxes in the amount of tens of millions of shekels for dividends it received and continues to receive due to its holding in Azrieli Group's shares. The court accepted the tax appeal, which was filed by Barnea Jaffa Lande, and ruled that the Azrieli Foundation,  a non-profit organization that works for the public good in Israel, is not the controlling owner of Azrieli Group and is therefore entitled to a tax exemption. The court ruled, among other things, that the ITA’s position could have a chilling effect in relation to business entities’ support of philanthropic associations. Our firm's  Zohar Lande, Eyal Nachshon, Harel Perlmutter, Nir Ziman, and Omer Keydar represented the Azrieli Foundation throughout the proceedings, which lasted about five years.

Categories: Litigation | NPO | Tax

Class Actions: What Happens When the Alleged “Wrongdoing” Has Already Been Rectified?

Motions to certify class actions have long since become one of the most prevalent challenges facing private and public companies providing services to the public. Empirical studies show a gradual and nearly steady rise in the number of motions to certify class actions being filed since the Israeli Class Actions Law was enacted in 2006 and to date. If initially, a few dozen motions were filed annually, today, hundreds and even thousands of such motions are filed each year with the various courts, which imposes a heavy burden on the courts and on the parties being sued.

Class Actions Against Israeli Public Companies for Failing to Meet Mandatory Accessibility Requirements

Dozens of motions were filed in recent weeks to certify class actions against some of the most well-known and leading publicly traded companies and reporting corporations in Israel. These motions to certify class actions are similar in nature (apart from the different defendants) and most were filed by the same plaintiffs-petitioners and through the same attorneys.

Representation in "Pancake House" Family Business Dispute

A family business dispute between the family members of the founder of the "Pancake House" chain has recently made headlines.

 The dispute erupted when one of the founder's sons accused his nephew (the founder's grandson) of violating the chain's trademarks by launching a new Tel Aviv venture called "TLV Pancake House" as a continuation of his grandfather's legacy.

Our firm’s Eyal Nachshon and Naama Moshe are representing TLV Pancake House and the founder's grandson in the legal proceedings.

 

Categories: Litigation

Mediation Agreement between Actors' Organization and Eshkolot Reaches Court

Israeli Attorney General Avichai Mandelblit has submitted his opinion regarding the mediation agreement signed by the actors' organization Shaham and a number of performing artists with Eshkolot.

 

An article published in TheMarker describes the management changes being undertaken by Eshkolot as a result of the legal proceedings against it.

 

Adv. Eyal Nachshon, who represents Shaham and the artists, noted in the article that Shaham and a number of artists have been leading this legal proceedings for some time, demanding both significant changes to Eshkolot's management and increased transparency. One of the most substantial achievements in the process so far, thanks to the mediation arrangement, is that for the first time members from the younger generation of performing artists in Israel are being included in Eshkolot's management.

Categories: Arbitration and Mediation | Litigation

Class Action Lawsuits: What Are They?

What are class actions and what is their purpose? In what circumstances may a class action be filed? What are the important points to consider when filing a class action? Eyal Nachshon, a partner in our firm’s Litigation Department, answers all these questions and more on a new Calcalist podcast.

Categories: Arbitration and Mediation | Litigation

The Battle Firing Up Prominent Artists in Israel

In recent years, leading artists in Israel have alleged a lack of transparency in how Eshkolot, a company that oversees artists' royalties, is managing their money. Several of these artists are stakeholders of the company, and some previously held various positions in the company. 

Adv. Eyal Nachson was interviewed for an article by TheMarker on the subject. Eyal was quoted as follows: "On the recommendation of the court, Shaham – The Israel Actors' Association conducted a comprehensive and in-depth mediation procedure with Eshkolot. At the end of the mediation, the parties reached an agreement including achievements that will strengthen the control and supervision of the royalty amounts."

Categories: Litigation

New Ruling Expected to Reduce Managers' Responsibility Following a Company's Collapse

In an important ruling recently handed down, the Tel Aviv District Court rejected a NIS 120 million lawsuit filed by Habas Group against the company's managers. Judge Kabub's ruling constitutes an initial interpretation of a new section of the the Insolvency and Rehabilitation Law, which deals with the degree of responsibility that can be attributed to managers when the company they run becomes insolvent.

Categories: Insolvency and Debt Arrangements

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

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.

Companies and Class Actions

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.

Habima Theater – the Show Must Go On?

Our Litigation Department is representing  the board of directors and active management of Habima Theater in liquidation proceedings filed by the company's creditors and in legal proceedings directed by the company's temporary trustees.

Categories: Insolvency and Debt Arrangements | Litigation

NIS 10M Lawsuit against Yaron Roziak and Rabbi David Ifergan

Our firm is representing Kobi Zaid, the founder of Zaid Orniv, in a shareholder dispute and a contract enforcement lawsuit against the businessman Yaron Roziak and Rabbi David Ifergan.

Categories: Litigation

Eyal Nachshon Op-Ed: New Supreme Court Ruling Will Allow Businesses to Repel Class Actions

Eyal Nachshon, Partner at our Litigation Department published an op-ed in Dun's Calcalist on the new Supreme Court ruling that would-be plaintiffs must approach defendants before filing a class action suit. According to Eyal and Amichay, this ruling is significant news for private businesses seeking to repel class action lawsuits.

Categories: Class Actions | Litigation

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

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.

Tel Aviv Court Allows Yehuda Levy to Join Legal Proceedings against Eshkolot

The Tel Aviv Economic Court allowed the actor Yehuda Levy to join Shaham, the largest actors' organization in Israel, and a group of fellow artists in their legal dispute with the management of Eshkolot. Advs. Zohar Lande, Hadar Israeli and Eyal Nachshon are representing Shaham and the artists.

Categories: Litigation

Actor Yehuda Levy Joins Legal Proceedings against Eshkolot

Actor Yehuda Levy has joined Shaham, the largest actors' organization in Israel, and a group of fellow artists in their legal dispute with the management of Eshkolot. Advs. Zohar Lande, Hadar Israeli, and Eyal Nachshon are representing Shaham and the artists.

Categories: Litigation

Representing the Israeli Actors' Association in a Royalties Litigation Process against Eshkolot

Our firm is representing Shaham, the largest actors' organization in Israel, as well as a group of artists, in a legal dispute with the management of Eshkolot, a company that handles collection, management, and distribution of royalties to all artists in Israel.

 

In this context, Advs. Zohar Lande, Hadar Israeli and Eyal Nachshon submitted a request to the Economic Department of the Tel Aviv District Court to receive documents before filing a derivative claim over irregularities and defects. The request asks Eshkolot to present information on the manner in which royalties are collected from the various broadcasting organizations.

Categories: Litigation

Institute of Certified Public Accountants and Association of Internal Auditors Petition Supreme Court

Our firm is representing the Institute of Certified Public Accountants and the Association of Internal Auditors in a petition with the Supreme Court against the Government Companies Authority (GCA). It is requesting that the court revoke the GCA circular stating that an internal auditor of government companies rated 7 and above must be a salaried employee and not outsourced. The petition was filed by Advs. Zohar Lande, Eyal Nachshon, and Adi Shoham of the Litigation Department.

Categories: Litigation

Administrative Petition Filed Against Our Client Following Tender Win

Our firm is representing the Tel Aviv Taxi Organization in an administrative petition filed against after its win in the Tel Aviv cluster of a two-stage competitive process conducted by the Ministry of Transport. The organization is represented by Advs. Zohar Lande, Eyal Nachshon, and Adi Shoham of the Litigation Department.

Categories: Administrative Law | Infrastructure | Litigation | Transport

Barnea Representing Knight Therapeutics in Minority Discrimination Lawsuit in Israel

Our firm is representing Knight Therapeutics, a Canadian public company that holds 28% of Israeli pharmaceutical company Medison's shares, in a lawsuit alleging the deprivation of its rights as a minority shareholder in Medison. The company is represented by Advs. Zohar Lande, Eyal Nachshon, and Omer Keydar of our Litigation Department.

Continued Representation of Eyal Shamir in Claim for Brokerage Fees

Advs. Zohar Lande, Eyal Nachshon, and Omer Keydar of the firm's Litigation Department continue to represent the businessman Eyal Shamir in a lawsuit against British Israel. Shamir claims he was not paid a brokerage fee for the merger between British Israel and Melisron.

Event Invite: The Legal Advisor's Role When Dealing with a Company in Crisis

Together with the Association of Corporate Counsels, we are holding on February 6th a seminar on the legal advisor's role when a company is in crisis. The seminar will feature a simulation of a multi-crisis event, with participants focusing on managing the crisis opposite regulators, media, business partners, and employees.

Supreme Court Decision on Knesset Channel Chosen as Top Ruling in 2018

TheMarker named the Supreme Court's ruling on the Knesset Channel tender as one of the five most important verdicts of 2018. According to TheMarker, the ruling provides a glimpse into the Court's attitude to the media. Advs. Zohar Lande, Eyal Nachshon, Adi Shoham, and Omer Keydar of the firm's Litigation Department represented RGE Knesset Channel, which won the tender.

Categories: Administrative Law | Litigation | Telecom & Media

Barnea Represented Azrieli Group in a Class Action Suit

Advs. Zohar Lande, Eyal Nachshon, and Omer Keydar of Barnea's Litigation Department represented Azrieli Group in a class action suit for not displaying a price per unit of measure for certain products on its e-commerce website. A settlement was reached in the suit.

Categories: Class Actions | Litigation

Barnea Represented a Chinese Company in Litigation Related to the Highway 16 Tender

Barnea is representing the Chinese infrastructure company PMEC in its request to disqualify the winning bid in the tender for Highway 16. The company is being represented by Advs. Zohar Lande, Eyal Nachshon, and Shachar Rothschild from the Litigation Department.

 

Categories: Administrative Law | Infrastructure | Litigation

Barnea Takes on Representation of TI Group Automotive Systems SRO

Our firm is representing the Czech company TI Group Automotive Systems SRO in a €4.5 million lawsuit against Raval ACS Ltd. The lawsuit stems from a valve failure that resulted in the recall and repair of 250 thousand Mercedes cars.

Categories: Commercial Litigation | Litigation

Supreme Court Ruling: RGE Group to Operate Knesset Channel

The Supreme Court issued a ruling today rejecting the petitions of News 2 and Channel 20 against the decision to announce RGE as the winner of the Knesset channel tender. This paves the way for the operation of the Knesset channel by RGE as early as August 1, 2018. RGE was represented by Advs. Zohar Lande, Adi Shoham, Eyal Nachshon, and Omer Keydar of our firm's Litigation Department.

Categories: Commercial Litigation | Litigation

Broker Sues for NIS 50 million over British and Melisron Merger

Advs. Zohar Lande, Eyal Nachshon, and Omer Keydar from our Litigation Department are representing businessman Eyal Shamir in a lawsuit against British Israel Investments owned by Melisron Ltd. Shamir alleges he was not paid a brokerage fee for the merger between the two companies.

Categories: Litigation

RGE Wins Tender for Operation of Knesset Channel

The Cable and Satellite Council awarded RGE Group's proposal with the tender to operate the Knesset Channel for the next 10 years. RGE is represented by Advs. Zohar Lande, Adi Shoham, Eyal Nachshon, and Omer Keydar of our firm's Litigation Department.

Categories: Administrative Law | Litigation

Fierce Battle over Banning Binary Options Reaches High Court of Justice

Following a bill promoted by the Israel Securities Authority, and passed by the Knesset, outlawing binary options trading by Israeli companies, Yukom Communications LTD and its controlling shareholder, Yossi Herzog, filed a petition to the High Court of Justice. Overseeing the filing of the petition were Barnea attorneys Zohar Lande, Eyal Nachshon, and Moran Bickel.

Categories: Administrative Law | Capital Markets | Financial Regulation | Litigation