What our firm handles
Five areas, and under each one the matters our firm handles: what the law says, and what is checked first. The details of your case are reviewed at a meeting.
Civil litigation
Civil disputes arising from, among other things, breach of contract, defamation and intellectual property, and the losses that come with them.
Not every dispute ends up at the Labour Court: financial, contractual, and tort claims are handled by the civil courts under the rules of civil procedure. When a dispute between shareholders or partners in a company reaches court, it too is conducted as a civil proceeding, and our firm represents clients in it. A defendant is entitled to file a statement of defense on time, raise counterarguments, and conduct a full proceeding, and a claimant is entitled to the relief they've proven. The deadline for filing a statement of defense starts running from the day a statement of claim is received, so the first thing checked is how much time is left before it passes.
Breach of contract
The Contracts (Remedies for Breach of Contract) Law sets out what is available to a party whose counterpart did not perform: enforcement of the contract, rescission, and damages for the loss caused. The injured party is entitled to choose between the remedies on the conditions the law sets, and to give the other side notice. The review starts from the contract itself and the correspondence around it: what was agreed in writing, what was actually done, and when notice of the breach was sent. Our firm acts for both sides of a contract, the party harmed by a breach and the party accused of one.
Defamation
The Prohibition of Defamation Law defines what counts as a publication liable to humiliate a person or harm their livelihood, and sets defences beside it: truth in the publication where there is a public interest, and publication in good faith in the circumstances the law lists. A person harmed by such a publication is entitled to claim compensation, and in the cases the law specifies, without proving actual loss. The review starts from the publication itself as it appeared, a dated screenshot, and who was exposed to it. Our firm handles both sides of such a claim, bringing it and defending against it, including posts on social media and in workplace groups.
Intellectual property
A registered trade mark gives its owner the exclusive right to use it for the goods and services it is registered for, and registration is made at the Israel Patent Office. Copyright in a work arises when the work is created, with no registration needed, and protects against copying and use without permission. A party harmed by an infringement is entitled to an injunction and to damages, and in the cases the law specifies, to compensation without proof of loss. Our firm handles trade mark registration, cease-and-desist letters and claims over trade marks and copyright. On patents, our firm refers clients to a patent attorney and accompanies the legal proceedings where needed.
Monetary claims
A monetary claim is a demand for a sum of money: an unpaid debt, payment for work or goods, the return of money paid, or compensation for loss. In most cases the amount claimed decides whether it is filed in the Magistrates' Court or the District Court, and the proceeding follows the Civil Procedure Regulations.
Where the debt rests on a document, such as a cheque, a promissory note or a contract for a fixed sum, the claim can be brought under the summary procedure, and a cheque or a note can also be filed for enforcement directly at the Execution Office. A defendant under the summary procedure has to apply for leave to defend. If they do not apply in time, the court can give judgment without hearing them.
The Limitation Law sets a seven-year period for most civil claims, and some causes of action have a shorter one. Our firm acts for claimants and defendants, and the review starts from the document the debt rests on and the correspondence that came before the claim.
Employment law
Representing employees and employers in the employment relationship.
Representation at the Labour Court
The Labour Court has exclusive jurisdiction over disputes between employee and employer, and proceedings there follow their own rules of procedure and evidence. An employee is entitled to file a claim for any right that was violated, to obtain the employer's relevant documents through discovery, and to carry the case through to a judgment or a settlement. Before a statement of claim is drafted, our firm gathers the documents and the sequence of events, and checks the limitation period for each cause of action.
Dismissal and hearings
Israeli case law requires an employer to hold a hearing before deciding to dismiss an employee: to present the claims against them in advance, give them time to prepare, and hear them with an open mind. An employee dismissed without a hearing, or after a hearing held only for show, may be entitled to compensation for unlawful dismissal, on top of the rights they're owed regardless when employment ends. The review starts from the summons letter, the dismissal letter, and the correspondence with the employer. A waiver is reviewed before it is signed: the Labour Court examines waivers with care, but does not always set them aside after the fact.
Severance pay
The Severance Pay Law provides that an employee dismissed after a year of work is entitled to severance pay, and in some cases an employee who resigned is also treated as dismissed, for example because of a material deterioration in employment terms. Severance is calculated from salary and length of employment, and alongside the calculation, the review looks at what was deposited into the pension fund over the years and what's left to make up. It rests on the payslips, the employment agreement, and the pension fund statements, and compares them with the exact amount paid when employment ended.
Delayed wages and overtime
The Wage Protection Law sets a deadline for paying wages, and the Hours of Work and Rest Law requires an increased rate for overtime. An employee whose pay was late may be entitled to delayed-wage compensation, and an employee who worked overtime without being paid for it is entitled to back pay, even without organized attendance records. The review rests on payslips, attendance records, and messages that record the hours worked, and before a claim goes to the Labour Court, the employer is put on notice in writing.
Harassment and mistreatment at work
The Prevention of Sexual Harassment Law puts a duty on the employer to prevent harassment in the workplace and to treat a complaint seriously, and the courts have also recognized mistreatment at work, meaning repeated humiliating and abusive conduct, as grounds for compensation in appropriate cases. An employee who was harmed can claim compensation from the person responsible, and in certain circumstances from an employer who failed to meet its duties. A case like this rests on a record written as things happened, with the date and details of each incident, and on messages and emails that were kept, so the review starts from what was documented before a complaint was filed.
Employment and non-compete agreements
The employment agreement binds both sides, but a clause restricting an employee from working for a competitor is examined by the Labour Court under tests developed in case law, and isn't enforced automatically. An employee is entitled to written notice of their terms of employment, and can refuse terms that restrict their freedom to work beyond what's needed to protect a legitimate interest of the employer. Before signing, the wording is still open to negotiation. Once the agreement is signed, our firm reviews the clause as written in the original agreement before any reply to the employer's demand is sent.
Rights during pregnancy and after reserve duty
The Women's Employment Law prohibits dismissing a pregnant employee without a permit, under conditions set out in the law, and the Discharged Soldiers Law protects an employee returning from reserve duty against dismissal in the period after their service. An employee dismissed in violation of these protections may be entitled to compensation, and in some cases to reinstatement. In these cases, when the employer learned of the pregnancy or the service is usually the central question, and a dated written notice is the simplest evidence of it. A document ending the employment is reviewed before it is signed.
Corporate law
Ongoing legal advice for businesses.
The Companies Law, 5759-1999, sets out how a company is run: who makes decisions, what powers the general meeting, the board of directors and the chief executive hold, and what binds the shareholders to one another. Alongside the law stand the company's articles of association, and where a company has several owners, usually a shareholders' agreement too, covering what the articles leave out.
Directors and officers owe the company a duty of care and a fiduciary duty. An officer with a personal interest in a company transaction must disclose it, and the transaction needs approval in the order the law sets.
Ongoing advice is the day-to-day side of the field: drafting resolutions and minutes, allotting and transferring shares, appointing directors and reporting them to the Registrar of Companies at the Israeli Corporations Authority, and reviewing material agreements before they are signed. Our firm advises private companies and business owners on these questions, and the review starts from the articles and the shareholding structure.
Contract drafting
Building the contract, and representing the client as it is drafted.
A contract is written before there is a dispute, and when a dispute comes, the court starts from its wording. Our firm drafts and reviews employment agreements, service agreements, non-disclosure agreements and commercial contracts, and represents the client in negotiating the wording with the other side.
A good agreement is written in plain language and can be enforced, and it also sets out what happens when one side does not keep it. The work starts from the draft or the existing agreement, and a short description of what each side wants to achieve.
Company formation and liquidation
Legal support in setting up a company and in winding it up.
A company is registered with the Registrar of Companies at the Israeli Corporations Authority, and from the date of registration it is a legal person separate from its shareholders. The registration application is filed with the articles of association and declarations by the first shareholders and the directors.
Where there are several founders, a founders' agreement settles what the articles usually leave out: how many shares each founder receives and when, what each founder's role is, what happens when one of them leaves, and who owns the intellectual property each one brings to the company.
A company that can pay its debts is usually wound up through voluntary liquidation under the Companies Law. The directors declare the company's solvency, the general meeting resolves to liquidate and appoints a liquidator, and the liquidator pays the debts and distributes what is left to the shareholders. When a company cannot pay its debts, the company or its creditors can ask the court to open proceedings under the Insolvency and Economic Rehabilitation Law, 5778-2018, and in those proceedings it is decided whether the company is rehabilitated or liquidated.
Our firm accompanies the formation of a company, from the articles to the founders' agreement, and the process of winding it up. In a liquidation, the first thing examined is the debts and obligations still open, because they determine which route is available.