In a recent decision, an Israeli court missed the opportunity to take a position on an important choice-of-law issue, thereby increasing the uncertainty in this already murky and esoteric area of law.
Take the following choice-of-law provision from Facebook’s terms of s...
As we discussed in a previous post, under 28 U.S.C. section 1782, a party to litigation in a foreign (non-U.S.) country can seek discovery for use in that litigation in a U.S. federal district court. This authority is conditioned on the following: (1) the person from w...
Companies like Google and Facebook can be sued in Israeli courts, notwithstanding a forum selection clause in their terms of service. However, the choice-of-law provision will usually be enforced, resulting in foreign law litigation in Israeli courts (usually Californi...
The Hague Evidence Convention allows judicial authorities in one signatory country to obtain evidence located in another signatory country for use in judicial proceedings. Article 1 of the Convention provides that in “civil or commercial matters a judicial authority of...
Consider the following scenario: An administrator is appointed by a foreign (i.e., non-Israeli) court to manage the estate of a decedent. After due diligence and investigation, the foreign administrator concludes that he/she must commence legal action in Israel against...
Government agencies may also be subject to Hague Evidence Convention proceedings. For example, in the course of U.S.-based litigation, a plaintiff may realize that an Israeli government agency may have relevant and important evidence regarding the defendant. That evide...
You or your client just won a multi-million dollar award after a long jury trial. Naturally, it is now time to enforce the judgment and collect what is due. But there is a catch. You do not know where the judgment debtor has assets. You heard through the grapevine that...
For example, company "A" is contemplating filing a lawsuit against company "B" for patent infringement. Prior to commencing a lawsuit, company "A" is interested in gathering additional e...
In a previous post we discussed whether Israeli courts have subject-matter jurisdiction to grant temporary pre-judgment relief in connection with an action initiated and pending in a foreign country. We concluded that such a proceeding may be successful if properly don...
