We are delighted to contribute the opening article and the chapter "Civil Litigation in Israel" for the US-Israel Legal Review 2022. The Review is a co-publishing venture from the teams at Nishlis Legal Marketing and Global Legal Media.
Barak Platt and Daniel Damboritz, High Tech partners, co-wrote the opening chapter "Economic Headwinds, a Hot War and a Trade War: The Impact on Israel’s Companies". Read the article on page 4. Sivan Wulkan and Akiva Fund, litigation and dispute resolution partner and associate, co-wrote the chapter of "Civil Litigation in Israel in Theory and Practice". Read the chapter on page 64.
Advs. Barak Tal, Orna Sasson, Sagi Schiff and Maayan Malka, together with intern Amit Manzur, represented the Egged members' pension fund in a lawsuit against Egged, worth NIS 2 billion.
According to the lawsuit, Egged members' were sent for early retirement wrongfully over the years, without Egged paying the necessary costs involved. In its decision, the court ruled that Egged must pay the fund an estimated sum close to half a billion NIS.
Adv. Ruth Loven, assisted by intern Dean Kafri, represented Tnuva in canceling a fine imposed on the company on the grounds of misleading the consumer regarding chicken products manufactured by Kornish Chen and only marketed by Tnuva. The Authority claimed that the slogan "Tnuva does everything to ensure product quality" is misleading, because Tnuva is not the manufacturer of these products, while Kornish Chen is, and therefore imposed a fine on Tnuva. The Rishon Lezion Magistrate's Court accepted the appeal filed by Tnuva and cancelled the fine. The court ruled that in the given circumstances, the slogan is not misleading, and also that there were various flaws in the imposition of the fine. The cancelled fine was the largest sanction ever imposed by the Consumer Protection Authority.
Advocate Ruth Loven represented Google in a lawsuit for defamatory advertising that appeared in the search engine results. In the ruling, the Tel Aviv Magistrate's Court stated that Google is not responsible for defamatory advertising that appears in the search engine results, and the lawsuit was denied.
Advs. Oren Roth, Noam Shochat and Guy Ziv-Shalom represented Cellcom in a petition against the Ministry of Education after Cellcom was refused to participate in a tender for school supplies, claiming that the Ministry of Education relied on a previous tender won by Pelephone and Partner in 2016.
Advs. Nir Rosner, Roey Sasson and Amnon Lorch represented the Arena Group in a lawsuit in which businessman Roni Mana sought a brokerage fee of NIS 6 million for the sale of the Arena Mall in Herzliya to Reality Investment Fund. The lawsuit was dismissed and the plaintiff was ordered to pay NIS 160k - a fairly high and unusual amount - to the Arena Group.
This judgment summarizes the main practices of real estate brokerage and details why unjust enrichment is not an alternative remedy in cases where a brokerage fee should not be paid.
Advs. Ido Chitman, Edan Regev and Guy Yarom represent gym and fitness club chain Holmes Place Israel in a petition to the High Court of Justice against the forced closure of gyms in Israel due to Covid-19. The petition, aimed at the Israeli government and Israel's PM Netanyahu, claims the decision to force gyms in Israel to cease operation was arbitrary and the presumption that gyms are a focal point for transmitting the Covid-19 virus has no factual basis.
Advs. Barak Tal, Lior Gelbard and Ortal Zanzuri represented the First International Bank of Israel in a a motion for preliminary approval of a class action suit. Judge Khaled Kabov rejected the motion.
Advs Mordehai Baicz and David Shmulevitz represented the Chabad movement in an ongoing dispute between them and the Moshav Meron Committee, regarding the use of the traditional Lag B'Omer holiday compound in Meron. The Nazareth District Court rejected the Meron Committee's petition and ruled that the Chabad movement would be able to conduct activities in the compound on Lag BaOmer.
Advs. Mordechai Baicz and David Shmulevitz represented a borrower that his gray-market loan from the 1990s grew as sides fought in court. The borrower now owes just 22 million shekels.