Media

A new arbitration ruling made in Cairo has found that EMG (Eastern Mediterranean Gas) is entitled to $1.033 billion in compensation, plus interest. The ruling comes less than a year after the same arbitrator found that the Egyptian gas companies had illegally canceled their agreement with EMG. Now, EMG creditors are pondering how to collect the enormous amount awarded in the arbitration, and what the chances are of actually getting any money from it. According to Amir Witkon, senior partner in our firm who specializes in international litigation and arbitration, "If EMG manages to locate assets belonging to the gas companies that are not in Egypt, the chances of the award being implemented will increase significantly." See Witkon's interview at Globes:

Enclosed is a Calcalist article about the motion to amend a statement of claim, filed by Adv. Eliran Strichman, a partner in our firm, on behalf of farmers from northern Israel who suffered damages due to the impairment of their electrical supply, in the winter of 2013. Originally, the claim was filed on behalf of 132 farmers. However, over the recent months – and especially after the previous publications about this case – 170 additional farmers were added to the claim. Hence, the motion to amend was filed and a follow-up in the media was carried out.

Enclosed is a Globes article concerning a new tax that was issued by municipal authorities across Israel over the recent years, and which has so far garnered millions of NIS, annually, in earnings acquired through this illegal tax. Adv. Ravit Baram-Mazor, a partner in our firm who had previously written about this subject, has given an interview which has been prominently featured in Globes magazine.

Think before doing: a business owner from Eilat which had filed a motion to certify a class action against the city of Eilat, was ordered to pay 22,000 NIS in legal fees, after all her claims were rejected by the district court. Despite the decisive ruling of the court that: “the city is entitled to repair public hazards and impose the fees on the property owners”, the plaintiff appealed the ruling to the supreme court, where her claims were also rejected and she was ordered to pay an additional 20,000 NIS. Moreover, it was determined that the plaintiff was ineligible to file the claim as a class action. We wish to congratulate our partner, Adv. Ravit Baram-Mazor, who represented the City of Eilat in the proceedings. To read the full article:

Enclosed is a Globes article concerning the well reasoned ruling of the Tel-Aviv District court, which had accepted a petition filed by Adv. Yuval Gal-on – a senior partner in our firm, on behalf of a client of the firm, and cancelled the sale of Atarim Square to private entrepreneurs.

Do the wheels of justice turn slowly? Most business organizations in Israel and the rest of the world have already discovered the world of private arbitration, which allows for dispute resolution that is "private", discreet and much more efficient. Recently, our firm hosted the annual conference of the ELG European law group, on the topic of international arbitration proceedings, which discussed, among others, the pros and cons of various arbitration institutions worldwide. Amir Witkon, a partner and the head of the litigation department in our firm, gave a lecture about the Israeli aspect of the issue. Would you like to know more? Then read this article by Calcalist

Do the wheels of justice turn slowly? Most business organizations in Israel and the rest of the world have already discovered the world of private arbitration, which allows for dispute resolution that is "private", discreet and much more efficient. Recently, our firm hosted the annual conference of the ELG European law group, on the topic of international arbitration proceedings, which discussed, among others, the pros and cons of various arbitration institutions worldwide. Amir Witkon, a partner and the head of the litigation department in our firm, gave a lecture about the Israeli aspect of the issue. Would you like to know more? Then read this article by Calcalist:

Why are 132 farmers suing for 9 millions NIS in compensation from the Israel Electric Corporation? According to the farmers, represented by Adv. Eliran Strichman of our firm, the negligence of the Electric Corporation in preparing against an extreme bout of weather conditions, brought about the failure of central power lines and caused significant damages to agricultural production and to the deaths of hundreds of livestock animals. Should the Electric Corporation have acted differently? You decide.

An achievement for our partners, Adv. Ron Tzin and Adv. Amir Witkon: the Lod District Court rejected a claim for 26 million NIS filed against the City of Givat-Shmuel, which was represented by them in the proceedings. During the proceedings, a construction company attempted to assert that, in exchange for the removal of squatters, the City promised it the rights to build dozens of additional apartments on the relevant portion of land. The court determined that, not only did the company fail to prove such an undertaking by the City, but also that the limitation period for the claim had expired and that the company was estopped from making such claims to begin with.

Do you own a piece of land and wonder who owns the rights to the air above it or the ground under it? A proposed amendment to the Planning and Building Law which is currently being promoted attempts to improve the system of land registration and allow for the planning and registration of third-dimensional plots. According to Adv. Yuval Gal-On, a partner in our firm, this is an admirable proposal. “Third-dimensional plots are long overdue. The economic benefit is substantial and the market has already reacted. I believe the new bill may lead to significant breakthroughs, not only underground, but aboveground as well”. To read the full article in the real-estate section of Globes:

The fight of Ramat-Hasharon residents against a high-rise neighborhood is escalating: last week four residents, representing about 700 residents of a neighborhood characterized by low-rise construction, filed a petition requesting the court to withdraw a zoning plan which has been approved on their land. As part of the plan, a project of 11-story high-rise buildings, which includes 285 new residential units, is scheduled to be erected near their homes. By contrast, the previous zoning plan only allowed for the erection of 150 new residential units. Adv. Ron Tzin and Adv. Nitzan Zimran, of our firm, are representing the Ramat-Hasharon residents.

An internal environmental enforcement policy may prevent or reduce environmental hazards created by a manufacturer, and state authorities are beginning to recognize the advantages of such policies. Adv. Gal Snir, the head of our firm’s environmental regulation practice, and formerly an advisor to the CEO of the Ministry of the Environment, elaborates on the subject in a special article published in the Eco-Trend section of TheMarker.

Lately, and unbeknownst to the public, a great turmoil swept over the Israeli tire market and threatened to financially harm a great number of car and tire importers. This occurred when the Ministry of the Environment official responsible for the implementation of the law regulating the tire market, the Disposal and Recycling of Tires Law 5767-2007, issued notices to dozens of importers informing them of his intention to impose monetary sanction on them in the sum of several million NIS, by using his powers under the aforesaid law.

This week “Earth Day” was marked across the world. Earth Day is an international event meant to raise awareness to the ability of every person to effect change on their destiny, the destinies of coming generations and the entire eco-system, through their day-to-day actions and efficient consumption of resources. The International day went relatively uneventfully in Israel - where it was marked today - with no demonstrations or remarkable public events, like in some other places across the world. Nevertheless, it is possible to note that the understanding, that our actions have an effect on the environment, has spread to Israel as well. However, and despite the importance of the personal actions of each individual, corporations and governments are primarily accountable for the consumption of natural resources, as they provide private individuals with most of their needs. These bodies have the ability to regulate and balance the consumption of natural resources, including by taking steps to reduce it.

In 2004 two farmers from Rosh-Pina filed a class action motion against the Mekorot water corporation. During the action, the farmers claimed that Mekorot had unlawfully charged them funds for overconsumption of water. Mekorot had ceased this unlawful practice back in 2011, but only last week, and after 13 years of a determined legal fight, the Tel-Aviv District Court approved the settlement agreement, which was signed by the parties and brokered by the Attorney General of Israel. This agreement requires Mekorot to repay millions of NIS to hundreds of its customers across the country. This extraordinary triumph was achieved by two partners in our firm – the head of the litigation practice, Adv. Amir Witkon and Adv. Lital Bar-Sheshet.

Currently, Adv. Yuval Gal-On, Adv. Dan Or and Adv. Mordechai Gadenski of our firm represent the Lod Valley Local Council and the Nir Zvi agricultural village, in their petition against the State of Israel, the City of Lod, the National Council for Planning and Construction and its sub-committee for principal planning. At the center of the dispute: the plaintiffs’ claim that the National Council recommended the government to transfer hundreds of acres from the territory of the Lod Valley Local Council to the territory of the City of Lod, in a move which is expected to “cut the ground from under the feet of agriculture in Nir Zvi”. Meanwhile, while the legal proceedings are taking place, the National Council for the Planning of Priority Housing has decided to issue a zoning plan for the erection of 11,300 residential units in the western part of the City of Lod, at the expense of the Nir Zvi village territory.

The Minister of the Interior, Aryeh Deri, is currently engaged in final discussions in preparation for the possible merger of the cities of Tel-Aviv and Bat-Yam. As a result of the meetings held by the Minister on Thursday with the mayors of Tel-Aviv and Bat-Yam and the remarks made by the municipal authorities of both cities concerning the recommendations of the commission of inquiry into the merger (and other alternatives) – an article was published on the subject in TheMarker magazine. In the Article, a petition filed by Adv. Ofer Bar-On on behalf of the cities of Tel-Aviv, Holon and Rishon-Lezion, requesting the court to appoint a supervisor accountant for the city of Bat-Yam, was mentioned. Read the full article here:

Recently, the sub-committee for appeals of the local zoning council of Jerusalem has been convened to discuss appeals made against the Alliance Israélite Universelle project in Jerusalem. Among the petitioners are the owners and operators of the nearby Clal car park who claim, through Adv. Yuval Gal-On and Mordechai Gadenski of our firm, that “the plan will exacerbate the existing traffic load at the Agripas-AIU junction and hinder accessibility and mobility in the area, for the sole benefit of enriching the plan’s originating entrepreneurs. Enclosed is a publication concerning this matter.

Attached is a publication in Globes regarding, the frequent closing of event halls due to irregular use. In the last decade, more and more people prefer to hold their events in gardens and open areas. Yet, dozens and maybe hundreds of event halls are operating illegally, since the legislator has not yet regulated their specific commercial activity on agricultural lands. In 2014, the Israeli Knesset ordered the Planning and Zoning Administration to regulate the matter. However at the meantime – event halls continue to close their business, the competition is being reduced and prices are being increased. Attorney Yuval Gal-on, who represents owners of event halls was interviewed for this article, and tried to shed light on this Planning and Construction problem from a legal perspective.

Attached is a publication in Calcalist regarding an administrative appeal filed by Attorneys Amir Witkon, Yaron Silver and Shahar Sameah, on behalf of MATAV Surveying and Photogrammetry, regarding the Israeli Railway's decision not to exercise its option to extend its agreement with MATAV (pursuant to a tender wining), despite the fact that MATAV, without a doubt, provided the best services at the lowest price among all the other winners of the tender.

The Israeli government approved the appointment of Attorney Michal Halperin as the new Antitrust Commissioner. In light of Attorney Halperin's new position, The Marker published an article regarding the challenges that she would have to face as the new Commissioner. Attorney Tzachi Yagur was interviewed for this article and shared his perspective on the matter.

In the context of the petition, the Court discussed the question whether a public structure which was built on property designed for "use of the general public in the municipality" is designed solely for the benefit of the residents of a specific municipality (as claimed by the petitioners) or whether it can also be used by the general public (as claimed by the regional council which was represented by Attorneys Ron Tzin and Nitzan Zimran)? The court received the claims made by attorneys Tzin and Zimran and ruled that the interpretation presented by the petitioners shall be rejected since it does not adopt the language of the law and neither supports its purpose. The Israeli district court has accepted the regional council's position in this matter according to which: "the letter of the law is designed to define "public structures" and it shall not be interpreted as aiming to exclude certain groups from using them".

In April 2015, the Israeli Supreme Court ruled that local municipalities must calculate local taxes according to a formula that has to be accurate up to two digits after the decimal point, instead of the former method which "rounded up" local tax bills. The decision stated that all local municipalities must charge their local taxes according to the new method as of January 1st, 2018. However, Local municipalities that hold accurate information regarding properties within their jurisdiction already started charging local taxes according to the new method since January 2016. Attached is an interview with Ravit Baram-Mazor in this matter which was published in Calcalist.

Attached is a publication in the real estate section of Globes regarding a property, designed to public purpose which has been purchased by entrepreneurs who infringed their undertaking to preserve the public purpose of the property, by selling housing units to individuals. The municipality of Kiryat-Ono, who was represented by Attorneys Yuval Gal-On and Nitzan Zimran, operated by means of contracts and common house regulation to ensure that the public purpose of the property – that is student dormitories – will be effectively maintained, as opposed to the intention of the entrepreneurs.

Attached is a publication in Globes regarding a survey which deals with general public's awareness of the daily work of the Antitrust Commissioner. Adv. Tzachi Yagur was interviewed about the interesting outcomes.

Attached is a publication in Yediyot Ahronot on a petition to the District Court in Jerusalem, filed yesterday by Attorneys Yuval Gal-On and Tomer Gur, which seeks to prevent the construction of thousands of square meters in an area next to the Western Wall. According to the petition, the Western Wall Heritage Foundation is planning to build a structure designed to be a museum and to host ceremonies, an action which Ori Barsheshet, a city architect and former external consultant to the Jerusalem municipality, asks to stop.

In April, 2016, the Israel Securities Authority (the "ISA") approved a draft legislation, not yet in force, which will exempt "Small Corporations", as defined in Section 5c to the Securities Regulations (Periodic and Immediate Reports), 1970, from the requirement to submit quarterly reports for the first and third quarters.

The Israeli Committee for Compensation and Royalties, established under the Israeli Patents Law – 1967 (the “Committee”), rendered a groundbreaking ruling on May 4, 2014 that puts an end to a period of legal uncertainty existing from the breakthrough case of Actelis Networks vs. Yishai Ilani [February 3, 2010] related to the right of employees to benefit from compensation for service inventions...

Section 52 of the Israeli Securities Law- 1968 (the "Securities Law") prohibits forbidden use of inside information, as defined below, of companies whose securities are offered to the public, or traded on a stock exchange and are held by the public ("Insider Trading"). Underlying this prohibition is the principle of fairness and the desire to prevent parties with access to a Company or its information, from abusing their position in order to gain benefits, at the expense of the investors who do not have such access.

The world we live in is a world of brands. Almost every single company that seeks to penetrate the market or introduce to the market a new product undergoes a process of business "branding". During this process, the brand or the logo of the company is built so as to help consumers to identify the products or the services with the company that provides them.

A new legislative revision of the Israeli Companies Law which entered into force on February 6 2015, deals among other things with the procedure at the meetings of the Audit Committee of a Public Company. On August 6, 2014 Amendment No. 25 to the Companies Law 5759- 1999 (the "Amendment" and the "Law", respectively) was published in the Official Gazette.