Our firm specializes and has extensive experience in handling disputes and a wide range of legal proceedings in the fields of commercial litigation, such as: proceedings involving contractual disputes; control disputes in corporations and joint ventures; proceedings relating to officers’ liability; piercing the corporate veil; claims for collection of financial debts; employees claims; class actions; disputes relating to the valuation of companies; HCJ (‘Bagatz’) petitions (particularly with regard to economic issues); various administrative proceedings; receiverships, liquidations and bankruptcies; banking claims; restrictive trade practices; tenders, proceedings relating to charges for municipal rates (Arnona); proceedings relating to liability and professional negligence; proceedings in the field of construction defects.
Day-to-Day Legal Counsel to Companies and Businesspersons
Comprehensive legal counsel to the business client. such counseling consists, inter alia, of legal assistance in promoting and establishing businesses/ventures (founders agreements, etc.), including partnerships and non-profit organizations (Amutot); handling of relationship between shareholders; counseling to the board of directors of the company, its CEO and to other executive levels; providing opinions on issues relating to corporate activity; preparation of the various agreements required for corporate activity at all levels of control (such as: employment and contractor agreements, suppliers agreements, operating contractors’ agreements, joint venture agreements, licensing and agency agreements, consultation agreements; etc.); preparation of various documents required for corporate activity (such as: reports required by various authorities); and more.
Commercial Transactions & Various Business Procedures
The transactions and business procedures in which we specialize, include, inter alia, mergers and acquisitions of companies; activities and assets of various types; incorporation and organization of companies; partnerships and joint ventures; various types of investment transactions (including in the field of high-tech & start-ups); finance transactions of various types; handling of different kinds of tender procedures; EPC agreements; M&O agreements. In consequence, the firm has extensive experience in the fields of regulation and licensing, including representation vis-à-vis authorities, various administrative and regulatory institutes, both in a variety of legislative and regulatory procedures and in procedures relating to the implementation and enforcement of regulatory provisions and various administrative orders.
Antitrust and Competition law
Our firm, through Mr. Tzahi I. Yagur, who is heading the antitrust and competition law departments in our firm, is widely recognized as a leader in such fields. Mr. Yagur represents and advises some of Israel’s leading corporations and has recently been involved with numerous high-profile antitrust cases in the Israeli business sector.
Our firm provides antitrust legal opinions and ongoing counsel to a wide variety of clients in Israel and abroad, in sectors spanning: the automotive industry, chemicals and fertilizers, water and water treatment, infrastructure, public transportation, banking and credit, insurance and long-term savings, hotels and leisure, paper products and back-to-school products, toys and leisure for children, pharmaceuticals and cosmetics, food retailers and suppliers, various industrial fields, electronics, high-tech and biotech, telecommunications, and many more.
We have extensive experience representing antitrust clients undergoing criminal, administrative and civil proceedings, including class actions based on grounds pursuant to the antitrust law. Our clients include a mix of companies from the public and private sectors, as well as private entrepreneurs, high-tech and biotech companies, as well as professional organizations, associations and statutory authorities.
In complex antitrust cases, our firm is sought after as the lawyers’ lawyers, and we provide legal opinions to legal advisors at corporations, professional associations and other law firms (colleagues) on behalf of their clients. In addition, our firm has special expertise in the establishment of compliance programs in the field of antitrust law, as well as in providing ongoing maintenance and consultation with respect to such programs.
Our Antitrust department is headed by Mr. Yagur, an authority in antitrust and author of the book “Antitrust Law”, now in its third edition. Mr. Yagur’s book is a recognized reference in the field of antitrust law and has been quoted in a large number of court rulings and verdicts, including the Supreme Court.
Banking & Guarantees
Handling negotiations and debt settlements vis-à-vis banks; defending against bank claims and filing claims against banks; handling disputes and conflicts with banks. Legal counsel with regard to protecting residential homes, halting the realization of mortgages and submitting objections to the execution of checks and promissory notes by private creditors and non-bank lenders (“the grey market”). In Addition, the firm provides expert opinions and legal counsel with regard to liabilities arising from the execution of guarantees; defending guarantors against bank claims and claims by non-bank lenders (“the grey market”), with unique expertise in the new consumer law provisions which protect guarantors.
Liquidations, Bankruptcies and Creditors’ Arrangements
Winding up companies, conducting investigations against officers, claims for charging officers personally with corporate debts and defense against such claims; handling the submission of debt claims and negotiation vis-à-vis the trustee / liquidator / receiver. Motions for creditors’ arrangements of companies (Chapter 11) and stay of proceedings; consolidation of creditors’ arrangements, conducting negotiations with creditors, creditors’ meetings and consolidation of proposed arrangements. Handling the submission of motions for creditors’ arrangements of individuals prior to the issuance of the receivership order (section 19.A of the Bankruptcy Ordinance), handling the submission of motions for bankruptcy, stay of proceedings, creditors’ arrangements and discharge orders (“Hefter”).
Tenders and BOT-PFI Projects
Our firm has an excellent reputation in the area of project finance, providing legal services for complex tenders including national mega-projects (including BOT-PFI methods) as well as supporting Israeli consortia in tenders conducted overseas.
We represent various government ministries, municipalities and statutory bodies in BOT-PFI tenders.
In addition, our firm represents international and Israeli companies in important tenders both abroad and in the local market, including privatization tenders for the central administration and government ministries in Israel and privatization tenders for statutory corporations. We advise bidder consortia during each stage of a tender process. This includes formulating all aspects of the partnership agreement while upholding the terms of the tender, as well as providing legal representation in connection with the tender process.
Comprehensive legal counsel in the field of private labor law; handling the issuance of orders restricting competition, confidentiality; handling employee claims in labor courts (with expertise in high-tech and software employees); expertise in claims relating to the existence of employer-employee relationship, overtime, breach of fiduciary duty on the part of employees, leave pay, convalescence pay, severance pay and pay holdover.