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Zell & Co. attorneys successfully resolved a major dispute between the firm high-tech client and a recalcitrant employee who had attempted to withhold the employer’s proprietary intellectual property under a claimed right of detention in a labor dispute. At issue in the case was the scope of an employee’s right of detention (zekhut ikavon) with respect to intellectual property. Israeli law generally permits a party to a contract to withhold assets provided that party from a counterparty in connection with the performance of a contract where the withholding party claims that the counterparty has breached its contractual obligations. We concluded that the right of detention applies only to tangible personalty and not to intangibles like the intellectual property in question. A more detailed memorandum on the subject will shortly be made available on this Site discussing the legal authorities supporting the firm’s conclusion.
A monograph on Israel Commercial Arbitration law co-authored by Zell & Co. advocates, Daniel Tauber and Marc Zell has been accepted for publication in an international treatise due to be released later this year. Also in the arbitration field, the firm submitted a memorandum of law in a United States litigation addressing whether a non-signatory to an international employment agreement may enforce an embedded arbitration provision against the deceased employee’s estate.
At the request of an international legal publisher, Zell & Co. attorneys prepared a survey of recent developments in Israel on the law of the internet and e-commerce focusing on two opinions of the Israel Supreme Court regarding the obligation of internet service providers to disclose IP addresses of anonymous email subscribers to third parties seeking to identify the subscribers in order to pursue litigation for defamation or infringement of intellectual property rights.
The Firm provided legal advice to Israeli and foreign exporters regarding the application of EU and national customs tariffs to products manufactured in Israel and Judea & Samaria and sold via the Internet and through conventional marketing channels.
Zell & Co. has been retained to provide legal advice to potential investors both overseas and in Israel regarding the acquisition of two unrelated publicly held companies with operations the Middle East.
After oral argument before the Judicial Panel on Multidistrict Litigation in New Orleans on January 27, 2011, the JPML ruled that the Washington, D.C. and Chicago lawsuits against the Hungarian Government and the Hungarian National Railways will continue separately. The District of Columbia litigation in which our team of lawyers has been designated interim class counsel has been reassigned to Judge Beryl Howell, a recently appointed to the United States District Court for the District of Columbia by President Obama