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What's New: 2010-2012

Dec2012

Firm Client Dismissed, At Trial Stage, in Product Case

Our firm represents a publicly traded manufacture of advanced laser equipment, which had been sued before the Central District Court for claims arising from alleged misrepresentations and breaches of contract. A co-defendant in the action (which had been in privity of contract with the plaintiff) is an unrelated corporation, and it provided training and instructions concerning the use of our client's equipment.

 
After we cross-examined the main witnesses of the plaintiff, the plaintiff decided to withdraw its claim against our client, while continuing to pursue its claim against the other defendant.
 
Special note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.

Feb2012

Sherby Appointed Co-Chair of ABA Conference With Israeli Bar Association

Eric Sherby has been appointed by the International Section of the American Bar Association to serve as Co-Chair of the third annual Joint Conference with the Israeli Bar Association, to take place in Eilat, Israel, May 20, 24, 2012.

 
The Joint Conference is expected to include at least fifty attendees from non-Israeli countries.
 
The ABA will be sponsoring seven substantive programs.
 
In addition to serving as Co-Chair of the Joint Conference, Mr. Sherby will also moderate a panel on “Nuts And Bolts of An International Arbitration.”
 
For more information regarding the Joint Conference, please click here.

Sep2011

Jerusalem Post Publishes Sherby's Article on "Mandatory" Arbitration

The Jerusalem Post has published an Op-Ed piece, authored by Eric Sherby, proposing that Israeli law be amended to encourage businesses – by means of a tax break – to agree to arbitrate all of their business disputes. A copy of the article can be viewed here.
 
Mr. Sherby’s proposal was sparked by the recent plan by Israel's Ministry of Justice to enact a law that would (a) confer broad discretion upon courts to send litigants to arbitration – even in the absence of any arbitration agreement, and (b) have the State pay the arbitrators’ fees in such cases.
 
In his Op-Ed piece, Mr. Sherby (a) addresses the criticism concerning the MOJ's proposal, and (b) argues that the money that the State is prepared to spend to fund arbitrations should be used to give a tax break to any corporation that agrees, in advance, to submit all of its legal disputes to arbitration.

Sep2011

Sherby Appointed As Arbitrator By Israeli Bar

Eric Sherby has been appointed as (sole) arbitrator in connection with a dispute arising from the sale of interests (approximately 35 million Euros) in a European petrochemical company. The appointment was made by the Arbitration Institute of the Israeli Bar Association.

 
This is the third time in the past eighteen months that Mr. Sherby has been appointed as an arbitrator – the first time by the Israeli Bar Association

Jun2011

Firm Retained To File Appeal Before Supreme Court

Our firm has been retained to file an appeal before the Israeli Supreme Court of a decision by a district court denying a motion by shareholders of an Israeli-based corporation (not incorporated in Israel) to certify their claim as a derivative one.

 
In the case before the district court (where our clients were represented by other counsel), the amount sued for (derivatively) by our clients was estimated at NIS 4 billion.
 
Special note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.

May2011

Firm Client Defeats Motion to Confirm Creditors' Plan

Our firm represents a New York-based private equity firm that is a secured creditor of an Israeli high-tech company (publicly traded in the US). The Israeli company had filed a motion with an Israeli district court, seeking confirmation of a plan of reorganization. Even though the company represented to our client that in excess of eighty percent of the secured creditors were in favor of the plan, the New York firm retained our firm to file a formal opposition. On May 19, the district court rejected the proposed creditors’ plan.

 
Sherby & Co., Advs. expresses its immense appreciation to Advocate Uzi Mor for his great assistance as co-counsel in the case.
 
Special note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.

Mar2011

Getting The Deal Through Publishes Chapter On Israeli Arbitration, Authored By Eric Sherby

A copy can be accessed by clicking here. (Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Arbitration 2011, (published in March 2011; contributing editors: Gerhard Wegen and Stephan Wilske). For further information please visit www.GettingTheDealThrough.com.

 
Getting The Deal Through publishes multiple international comparative guides to law and regulation. This is the second consecutive year in which our firm has authored the Israel chapter.

Sep2010

ABA's Business Law Section Features Sherby's Article On Drafting International Arbitration Clauses

The Business Law Section of the American Bar Association, in its magazine Business Law Today, features as its lead article Eric Sherby's “A Checklist for Drafting an International Arbitration Clause.”

 
This is the second time in three months that the lead publication (distributed to all members) of an ABA section has featured one of Mr. Sherby's articles. (See below, June 2010.
 
In the Business Law Today article, Mr. Sherby proposes the mnemonic device “BLINC LLC” to assist in the eleventh-hour drafting of international arbitration clauses. (The article was originally entitled “The Two-Minute Warning International Arbitration Clause,” but the name was changed by the ABA for SEO purposes.
 
To view a copy of the article, please click here.

Jun2010

Two ABA Publications Feature Sherby's Article On International Litigation

Two publications of the American Bar Association's Section of Litigation – the Litigation News, and the International Litigation Quarterly – have simultaneously published Eric Sherby's article entitled “Drafting Fee Agreements for International Cases.”

 
Litigation News has a readership of more than 65,000.
 
In the International Litigation Quarterly, Mr. Sherby's article runs on     page 1, and it is his second since 2008 to be featured as the cover article of that publication.
 
To view a copy of the article (Litigation News version), please click here.

May2010

Sherby Among Speakers At ABA Program in Israel

Eric Sherby will be among the speakers at the upcoming American Bar Association (International Section) conference, to be held in conjunction with the annual meeting of the Israeli Bar Association in Eilat.

 
Mr. Sherby will be speaking about 'Solving Disputes in Israeli-North American Commerce.' (Click here for a PDF of selected pages from the program.

Feb2010

Sherby Appointed As Temporary Receiver Over Israeli Diamond Company

The Tel Aviv District Court has appointed Eric Sherby as the temporary receiver over an Israeli diamond company that owes in excess of $3 million to an American client of our firm.

 
The appointment was made on an ex parte basis, one day after our client filed its statement of claim with the Tel Aviv court.
 
Special note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.

Jan2010

Tel Aviv Magistrates Court Appoints Sherby To Oversee Taking of Evidence Under Hague Evidence Convention

The Tel Aviv Magistrates Court has appointed Eric Sherby to supervise the process of obtaining evidence from an Israeli witness for use in a derivative action pending before a state court in North Carolina.

 
The appointment was made pursuant to a Letter of Request (under the Hague Evidence Convention) signed by the American court. The Letter of Request specifically proposed Mr. Sherby (by name) as the Israeli lawyer to be appointed by the Israeli court, pursuant to section 16(b) of Israel's Legal Assistance To Foreign Nations Law.
 
The Letter of Request seeks both documentary discovery and deposition testimony.

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