Litigation

Where we litigate

• Commercial disputes Breach of supply, distribution, franchise, licensing and shareholder agreements, and claims between business partners. A commercial claim usually turns on the contract text, the correspondence that surrounds it, and the losses that can be shown with figures. We read all three before advising on whether to file, defend or negotiate.
• Class actions In Israel a class action cannot simply be filed and run. The claimant first files a motion to certify the claim as a class action under the Class Actions Law, 2006, and the court decides at that stage whether the case may proceed on behalf of a group. We act for defendants who need to answer a certification motion, and for claimants who need to show that a defined group was harmed in the same way.
• Derivative actions A shareholder who believes the directors or controlling shareholders have harmed the company can ask the court for permission to sue on the company's behalf. The Companies Law, 1999 sets the conditions, and the court looks closely at whether the claim serves the company. We advise both sides: shareholders weighing a motion, and companies and officers facing one.
• Antitrust Disputes involving the Economic Competition Law, 1988, including private claims between competitors and proceedings that follow a regulator's findings. The practice works closely with our antitrust and competition team.
• Administrative law Petitions challenging decisions of public bodies, brought before the Administrative Affairs Court or, in suitable cases, the High Court of Justice. These matters move on legal argument and a written record, and deadlines for filing are short.

How a dispute usually runs

Every matter is different, but most follow the same order.

1. Assessment We collect the contract, the correspondence, the payment records and any prior demand letters, then give a written view of the claim's strengths and weak points, the likely cost, and the realistic range of outcomes.
2. Demand and response A well-drafted demand letter settles some disputes before a claim is filed. It also fixes the client's position on the record and starts the clock on deadlines.
3. Interim relief When assets could be moved or a harmful act is about to happen, we apply for a temporary injunction or an attachment order before the main claim is heard.
4. Pleadings and disclosure The parties file statements of claim and defence, exchange documents and answer questions on affidavit. Most of the work happens here, and weak cases often change shape at this point.
5. Hearing and judgment Witnesses give evidence, the court hears closing arguments, and the judgment follows. Appeals have their own time limits.
6. Settlement Many disputes end by agreement after disclosure, once both sides can see the evidence. We negotiate throughout and advise on mediation or arbitration where the contract or the situation calls for it.

Questions clients ask