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NOAM SCHREIBER

 

ABOUT ME

My practice focuses on civil, commercial and administrative litigation with specialization on international litigation matters, including cross-border discovery and relief. I represent private and public corporations as well as individuals in a wide variety of dispute resolution issues concerning civil, commercial and administrative law.

I received my law degree from the Ono Academic College in 2010 and was admitted to the Israeli Bar in 2012. I am also admitted to practice in the state of New York and before the United States District Court of the Southern District of New York. 

I also hold a degree in International Relations and Islamic Studies from the Hebrew University.

 

I am first and foremost a father to my five daughters. In addition, I love my job, enjoy hiking, bike riding, reading sci-fi and writing about law. 

 

MY EXPERIENCE

Selected Federal Cases

AMBAR ET AL. V. THE FEDERAL REPUBLIC OF GERMANY

Lawsuit under the Foreign Sovereign Immunities Act against the Republic of Germany for its theft of Jewish property during the Holocaust. A copy of the complaint can be found here.  

L’ASSOCIATION DES AMÉRICAINS ACCIDENTELS ET AL. V. THE U.S. DEP'T OF STATE, 1:20-CV-3573 (D.D.C.) (PENDING)

I represent a Paris-based non-profit organization and a group of "Accidental Americans" who live outside the United States in a constitutional challenge to the so-called "Renunciation Fee" imposed on any American that wishes to renounce his or her U.S. citizenship. We alleged that the fee violates the Due Process Clause of the Fifth Amendment of the U.S. Constitution,  the First Amendment guaranteeing freedom of expression, and the Eighth Amendment precluding excessive fines to punish individuals wishing to sever all connection with the U.S. The complaint also alleges violation of the U.S. Administrative Procedure Act, as well as international law. For a copy of the Complaint, click here.

DEUTSCH ET AL. V. NEW YORK STATE BOARD OF ELECTIONS ET AL., 1:20-CV-08929-LGS

On October 26, 2020, I filed a complaint and emergency motion for a preliminary injunction concerning the New York State Board of Elections' application of its voter registration deadline statute. The complaint, filed in the United States District Court for the Southern District of New York,  alleged violations of voters' First Amended rights and their rights under the Equal Protection clause of the United States Constitution. The complaint is attached here; The Memorandum of Law in support of the motion for a preliminary injunction is attached here. The decision of the court is attached here, Deutsche et al. v. New York State Board of Elections, et al., 2020 WL 6384064 (S.D.N.Y. Oct. 30, 2020).

SILVER, ET AL. V. IRS, ET AL., 1:20-CV-1544 (D.D.C.) (PENDING)

I serve as co-counsel in an administrative law case against the U.S. Internal Revenue Service and the U.S. Department of Treasury challenging the legality of regulations issued under the 2017 Tax Cut and Jobs Act concerning the so-called GILTI tax.

SILVER, ET AL. V. IRS, ET AL., 1:19-CV-0247 (D.D.C.) (PENDING)

I serve as co-counsel in an administrative law case against the U.S. Internal Revenue Service and the U.S. Department of Treasury challenging the legality of regulations issued under the 2017 Tax Cut and Jobs Act concerning the so-called Transition Tax (IRC Section 965)

ADYB ENGINEERED FOR LIFE, INC. V. EDAN ADMINISTRATION SERVICES, LTD., ET AL., 1:19-CV-7800 (S.D.N.Y.) (PENDING)

A breach of contract action involving a series of license agreements for patented technology in which I represent the defendants and counterclaim plaintiffs.

SKYPOINT ADVISORS, LLC V. 3 AMIGOS PRODUCTIONS, LLC, ET AL., 2:18-CV-0356 (M.D. FLA.) (PENDING)

A securities fraud claim against the producer of a foreign feature film co-production in which I represent the defendants/counterclaim plaintiffs.

SIMON V. REPUBLIC OF HUNGARY, 1:10-CV-1770 (D.D.C.) (PENDING)

Lawsuit filed on behalf of victims of the Holocaust against Hungary under the Foreign Sovereign Immunities Act.

AL-TAMIMI V. ADELSON, 1:16-CV-0445 (D.D.C.) (PENDING)

I serve as defense counsel for a number of Israeli entities in a classic "lawfare" lawsuit.

NADIA MATAR V. TRANSPORTATION SECURITY AUTHORITY, 910 F.3D 538 (D.C. CIR. 2018)

An administrative petition under the Administrative Procedure Act and Fifth Amendment concerning the alleged inclusion of the petitioner of the so-called "No-Fly List."

HARROW, ET AL. V. AIRBNB, INC., 3:19-CV-0395 (N.D. CAL. 2019)

I served as co-counsel representing plaintiffs in a lawsuit against Airbnb challenging its decision to remove listings of accommodations owned by Jews in Judea and Samaria (West Bank) on the grounds that it constitutes an “anti-Jewish Discriminatory Policy” that violates both the federal Fair Housing Act and California law. For a copy of the complaint, click here. As a result of the lawsuit, Airbnb agreed to reverse its controversial decision to de-list accommodations in Israeli towns and settlements located in Israel administered Judea and Samaria. Under the settlement, Airbnb will allow listings from all such Israeli towns and settlements.

PATH TO RICHES, LLC, ET AL. V. CARDIOLYNC, INC., ET AL., 290 F. SUPP. 3D 280 (D. DEL. 2018)

A lawsuit under the Defend Trade Secrets Act in which I represented the defendants. The lawsuit was dismissed on "forum non conveniens" grounds. For the decision granted our motion to dismiss, click here.  

IN RE THE APPLICATION OF RSM PRODUCTION CORPORATION, 1:19-CV-0041 (S.D.N.Y 2019)

A cross-border discovery action pursuant to 28 U.S.C., section 1782.

IN RE APPLICATION OF RSM PRODUCTION CORPORATION V. NOBLE ENERGY, INC., 195 F.SUPP. 3D 899 (S.D. TEX. 2016)

A cross border discovery action pursuant to section 28 U.S.C., section 1782.

 

Selected Israeli Cases: Supreme Court

REPUBLICANS OVERSEAS ISRAEL. V. MINISTRY OF FINANCE, HCJ ACT. 8886/15

In this administrative petition, we challenged the constitutionality of Israel's FATCA law on behalf of Republicans Overseas Israel. FATCA requires Israeli banks to collect personal banking information of U.S. persons and transfer that information automatically to the IRS. On January 2, 2018, the Israeli High Court of Justice issued its precedent-setting 41-page decision. While concluding that the law indeed infringes on the right of privacy, the Court determined that the law passes constitutional muster under Israeli law. For the full decision, click here.  

SATAR V. TAUSKY, CIV. APP. 8687/15 (SUP. CT.)

I represented the appellant in an appeal to Israel's highest court, challenging a decision of the lower court dismissing a complaint on "forum non-conveniens" grounds.

MAROM V. COHEN, ET AL., CIV. APP. 2002/15 (SUP. CT.)

An appeal of a decision recognizing a New Jersey money judgment against an Israeli creditor, notwithstanding the creditor's subsequent filing of Chapter 7 bankruptcy proceedings and his discharge of all debts.

STREISAND V. MINISTRY OF INTERIOR, HCJ ACT. 4343/12

An administrative petition under Israel's immigration law, the "Law of Return," challenging the government's refusal to recognize the petitioner's fundamental right to Israeli citizenship.

 

Selected Israeli Cases- District and Magistrate Courts

POURMORADI V. BANK HAPOALIM, CIV. ACT. 8878-02-20 (JER. DIST. CT.)

This is a lawsuit against a bank seeking a mandatory injunction to provide information regarding bank account activity. The bank has refused to provide the sought-out information on privacy grounds. Our central position was that the information sought is not private. To view the complaint, click here. On January 21, 2021, the court found for the plaintiff, holding that the information sought does not invoke privacy matters.

DAYAN V. MEUHEDET, ET AL., CIV. ACT. 58336-07-19 (JER. MAG. CT.)

A monetary claim pursuant to Israel’s anti-discrimination and consumer protection laws, based on defendants' alleged policy not provide health services in most of Judea and Samaria. Defendant's first motion to dismiss was denied. Defendant filed a second motion to dismiss in which we filed an opposition. For the amended complaint, click here. For the motion to dismiss, click here. For our opposition, click here. The parties ultimately came to a settlement. 

STARCK V. JCW, INC. ET AL., CIV. ACT. 14819-02-19 (JER. MAG. CT.) (PENDING)

Representation of plaintiff in a cross-border online defamation action.

BETHLEHEM ARAB SOCIETY FOR REHABILITATION V. YUNIS SIYARA, ET AL., CIV. ACT. 1583-10-18 (JER. MAG. CT.)

I represent a foreign (non-Israeli) hospital in its attempt to collect an outstanding debt for hospitalization. The case involves complex legal issues such as forum non-conveniens and cross-border pre-judgment relief. After dismissing the complaint based on forum non conveniens grounds, the hospital filed a lawsuit in Bethlehem. Simultaneously with the filing of the complaint, the Hospital also filed a motion for prejudgment relief in the Israeli court. The Israeli court denied the motion, holding that it did not have subject matter jurisdiction. See the order, here. This order is currently being appealed. 

PATH TO RICHES, LLC, ET AL. V. CARDIOLYNC, LLC, ET AL., CIV. ACT. 71245-10-18 (JER. DIST. CT.) [2019]

I was engaged as defense counsel to represent a hi-tech start-up and its founders against a complaint filed in an Israel district court. The start-up company and the founders were accused of trade secret misappropriation, breach of contract and breach of fiduciary duties. The claim was dismissed on "lis alibi pendens" grounds. Click here to see the Motion to Dismiss. Click here to see the Court's memorandum order granting the motion. 

GRYNBERG V. ISRAEL TAX AUTHORITY, ADMIN. PET. 12395-12-18 (JER. DIST. CT.)

An administration petition under Israel's Freedom of Information Act in which I represented the petitioner. Ultimately, the court denied the petition, finding that the information sought was privileged and private under the applicable statute. Click here for the Hebrew decision and here to view the Petition for Administrative Review. 

JOHN DOE V. JOHN DOE, CIV. ACT. 4881-01-18 (JER. DIST. CT.)

I represented the applicant in a cross-border pre-judgment relief proceeding in connection with a pending lawsuit in a Eurasian state. The Israeli court initially issued a preliminary lien. However, the foreign (non-Israeli) court ultimately dismissed the claim and the lien was dissolved.

ARIELI, ET AL. V. DOTOMI, INC., ET AL., LAB. APP. 37160-05-18 (NAT. LAB. CT.)

In 2012, several former employees of a start-up company filed a lawsuit in Israel alleging that the company and its founders promised the employees stock. As previously reported, after elongated discovery and a lengthy trial, the court dismissed the plaintiffs' case, adopting our legal argument that promises for stock options must be definitive and detailed, otherwise they are unenforceable.  For the final judgment, click here. The employees appealed to the National Labor Court, Israel's highest court for labor matters. The court accepted our position and affirmed, thus ending a landmark litigation. 

Z.G.C. TRUST COMP. V. BANK DISCOUNT, CIV. ACT. 33393-09-14 (JER. MAG. CT.)

An appeal pursuant to Israel's "Checks Without Coverage Law of 1981." I successfully argued that the bank failed to properly classify certain account activities which resulted in the wrongful determination that the account was subject to certain limitations in accordance with the said law. The bank ultimately settled.

IDAN SYSTEMS, LTD. V. EYAL BONEH, ET AL., CIV. ACT. 40047-12-13 (NAZARETH DIST. CT.)

This case -- in which I represented the defendants -- involved a complaint and a motion for preliminary injunction asserting trade secret misappropriation. The case was successfully settled.

COHEN V. HOMEFLOW TECHNOLOGIES, LTD., CIV. ACT. 12165/08 (TEL-AVIV LAB. CT.)

This case was between employees and the management of an Israeli start-up company. I represented the management. The employees asserted various claims and attempted to "pierce the corporate veil." After trial and post-trial briefs, the court dismissed all the claims. For the judgment, click here

 

U.S.A. JUDICIAL AUTHORITY V. MIZRACHI, HIKUR DIN 45953-05-20 (JER. MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for the Southern District of New York. In this case, I was appointed by the Israeli court to conduct the deposition under section 16(b) of Israel's Judicial Assistance Between Countries Law, 5758-1998.

U.S.A. JUDICIAL AUTHORITY V. COHEN, HIKUR DIN 45977-05-20 (JER. MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for the Southern District of New York. In this case, I was appointed by the Israeli court to conduct the deposition under section 16(b) of Israel's Judicial Assistance Between Countries Law, 5758-1998.

UNITED STATE'S COURT V. ISRAEL, HIKUR DIN 43547-05-20 (TEL-AVIV MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for the Southern District of New York. In this case, I was appointed by the Israeli court to conduct the deposition under section 16(b) of Israel's Judicial Assistance Between Countries Law, 5758-1998.

U.S.A. JUDICIAL AUTHORITY V. JOHN DOE, HIKUR DIN 45049-05-20 (RISHON L'TZION MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for the Southern District of New York. In this case, I was appointed by the Israeli court to conduct the deposition under section 16(b) of Israel's Judicial Assistance Between Countries Law, 5758-1998.

NEW YORK SUPREME COURT V. DIRECTORATE OF COURTS, HIKUR DIN 46834-02-18 (JER. MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the Supreme Court of New York.

IN RE CISCO SYSTEMS, HIKUR DIN 34008-09-13 (TEL AVIV MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for Delaware.

 

EDUCATION

My Studies

2007-2011

ONO ACADEMIC COLLEGE: LLB

2006-2009

HEBREW UNIVERSITY: B.A., INTERNATIONAL RELATIONS & ISLAMIC STUDIES

2001-2006

YESHIVAT HAR ETZION

 

MY UNIQUE SKILLS

Old Globe
Image by NASA

CROSS-BORDER DISCOVERY

CROSS-BORDER RELIEF

 
 

Address

34 Ben Yehuda Street

Jerusalem, Israel 9423001

1345 6th Ave. 
New York, N.Y. 10105

Contact

+972-2-633-6300

© 2021 BY ZELL, ARON & CO.