The Cross-Border Law Blog

A law blog about cross-border practice and comparative law

 

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...

April 6, 2020

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...

March 24, 2020

Facebook page owners​,​ hosts and managers are potentially liable for third-party defamatory content that appears on their page.

That is the essence of a recent ruling by an Israeli trial court in Dr. Levin v. TakeAir Israel, Ltd., et. al., Civ. Act. 44048-04-18 (Mag. C...

March 16, 2020

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...

Can a Hague Evidence Convention application be filed prior to commencing a lawsuit?

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...

January 19, 2020

When we think of the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the "Hague Evidence Convention" or "Convention") we generally associate it with factual testimony. See, in general, our past posts on this matter. In other...

Globalization has long become a fact that all professions need to cope with. Law is certainly no different. As we routinely point out, cross-border discovery is becoming an essential tool for litigators across the globe.

As our subscribers know, Israel is a signatory to...

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