Two ABA Publications Feature Sherby's Article On International Litigation June 2010 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.
Sherby Among Speakers At ABA Program in Israel May 2010 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.)
Getting The Deal Through Publishes Chapter On Israeli Arbitration, Authored By Eric Sherby March 2010 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 2010, (published in March 2010; 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.
Sherby Appointed As Temporary Receiver Over Israeli Diamond Company February 2010 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. Note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.
Tel Aviv Magistrates Court Appoints Sherby To Oversee Taking of Evidence Under Hague Evidence Convention January 2010 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.
Global Arbitration Review Quotes Sherby On Israeli Supreme Court Case November 2009 The London-based Global Arbitration Review recently published a summary of a decision by the Israeli Supreme Court on the enforceability of arbitration clauses in international agreements. The first practitioner quoted in the GAR article is Eric Sherby. Also quoted is Professor Dr. Daphna Kapeliuk. GAR is a subscription-based publication.
Who's Who Legal Recognizes Sherby & Co. July 2009 The international legal directory Who's Who Legal has named Sherby & Co., Advs. as one of the top three Israeli law firms in the field of mergers and acquisitions. Who's Who Legal describes its research process as follows: The research begins with conversations with private practice lawyers of renown ..., as well as with general counsel; the individuals and firms they recommend are then canvassed using questionnaires. The returned data are collated with information gleaned from the legal and financial media and feedback from corporate counsel ... Lawyers are initially invited to submit their opinions in written form... Subsequently telephone and face-to-face interviews are conducted internationally to permit us to refine the listing to a selection of ... the pre-eminent lawyers in the field. To see PDFs of the listing, please click here and here.
Sherby & Co. Client From UK Wins Israeli Arbitration June 2009 In an ad hoc arbitration in Tel Aviv, our client, a UK-based company that operates an online trading platform, received an arbitral award denying two claims brought against it for breach of contract. Note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.
In Related Cases, Firm Client Obtains Ex Parte Orders of Attachment in Excess of $11.8 Million April-June 2009 Our firm represents a company that recently obtained an American judgment in excess of $6.8 million, against an Israeli citizen who has business interests in three continents. In connection with a proceeding in Israel to enforce the American judgment, our firm filed an ex parte motion for an order of attachment, which was granted the same day. The attachment order is in the full amount of the American judgment. In a related case (before a different Israeli court), our firm brought a fraud action on behalf of that same client against a different defendant. Our client was granted an ex parte order of attachment, in the amount of $5 million. Note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.
Sherby & Co. Advs. Cosponsors Seminar at Export Institute March 2009 Our firm was one of two Israeli law firms that cosponsored a seminar at the Israel Export Institute, entitled (in Hebrew) "Opening Offices in the United States." The attendees included representatives from software companies, medical device and biotech companies, assorted hi-tech firms, and other fields. Eric Sherby delivered a talk at the seminar on the topic of avoiding legal pitfalls for Israeli companies entering the US market.
Firm Retained in Multinational "Follow The Gold" Case February 2009 Following the bankruptcy of one of Israel's largest manufacturers of gold jewelry products, our firm has been retained by a North American jewelry marketer to assert ownership over gold that it had sent (on consignment) to the Israeli manufacturer and to a related company in Asia. Other non-Israeli jewelry companies that claim ownership over gold, and which are participants in the Israeli proceedings, are represented by the law firms of Naschitz Brandes & Co., Meitar Liquornik Geva & Leshem Brandwein, and Goldfarb, Levy, Eran, Meiri, Tzafrir & Co. Note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.
Jerusalem Post Publishes Sherby's Op-Ed On Pollard Case January 2009 On January 20, 2009, The Jerusalem Post published an Op-Ed piece, authored by Eric Sherby, regarding the Jonathan Pollard case. To view a copy of the Op-Ed, please click here.
In Two Separate Cases, Haifa Judges Appoint Sherby To Take Testimony Under Hague Evidence Convention December 2008 Two judges of the Magistrates Court of Haifa, in different cases, have appointed Eric Sherby to supervise the process of obtaining evidence from Israeli witnesses for use in the United States. The first appointment concerns a patent case pending before the United States District Court for the District of New Jersey, and the second appointment concerns a breach of contract case before a California court. The Haifa courts' orders were issued pursuant to Letters of Request (under the Hague Evidence Convention) signed by the American courts. The Letter of Request from the New Jersey court proposed Mr. Sherby (by name) as the Israeli lawyer to be appointed by the Haifa court, pursuant to section 16(b) of Israel's Legal Assistance To Foreign Nations Law. Both Letters of Request seek documentary discovery as well as deposition testimony.
Sherby Addresses IICA On International Arbitration October 2008 Eric Sherby was one of four lecturers at the Annual Meeting of the Israeli Institute of Commercial Arbitration, held on Oct. 28, 2008. Other speakers included Judge Yoram Danziger of the Israeli Supreme Court and Professor Menachem Ben-Sasson, Member of Knesset (Israel's Parliament) and the Chairman of the Knesset's Constitution, Law and Justice Committee. The topics of Mr. Sherby's talk included (a) global developments in the field of arbitration and (b) an update on Israeli case law over the past three years affecting international arbitration.
Bankruptcy Court Approves Retention of Sherby & Co. as Counsel to Creditors Committee August 2008 The United States Bankruptcy Court for the Southern District of New York has approved the retention of Sherby & Co., Advs. as special counsel to the Committee of Unsecured Creditors in the In re: RichFx Inc. bankruptcy. One or more shareholders and/or creditors of Richfx are believed to be Israeli-based.
New York State Bar Publishes Sherby's Article on Int'l Arbitration in Israel August 2008 The New York State Bar Association, in its International Law Practicum, has published Eric Sherby's article, entitled "Israel's New International Arbitration Rules," which focuses on the rules of the Israeli Institute of Commercial Arbitration. (See below, "IICA Adopts International Arbitration Rules, Drafted By Sherby"). To view a copy of the article, please click here.
Sherby Appointed As ABA's Liaison To Israeli Bar Association July 2008 The Section of International Law and Practice of the American Bar Association has appointed Eric Sherby as its Liaison to the Israeli Bar. The ABA's International Section has demonstrated in recent months the importance that it places on its relations with the Israeli Bar by (among other things) sending to the Israeli Bar Association's Annual Convention the current Chair of the Section, Jeffery Golden, as well as the Chair-Elect, Aaron Schildhaus. The appointment of Mr. Sherby as the ABA's Liaison is for the ABA year August 2008 through August 2009.
Medical Device Manufacturer Retains Sherby & Co. In Defense Of Series Of Product Liability Suits April 2008 Our firm has been retained by a North American manufacturer of a medical device to defend a series of law suits asserting personal injuries arising from alleged defects in design and manufacturing and allegedly inadequate warnings. The manufacturer is a publicly traded company that is believed to have a 50% market share of the subject medical device. Note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.
ABA, Section of Litigation, Publishes Sherby's Article On International Discovery March 2008 The Section of Litigation of the American Bar Association has recently published, in the Winter edition of the International Litigation Quarterly, Eric Sherby's article, entitled Forum Non Conveniens Dismissal: The Quieter Side of Section 1782 Discovery. In the article, Mr. Sherby confronts the complaint voiced by corporate America regarding the "burden" imposed by section 1782 of the federal judicial code, which authorizes district courts to grant discovery in connection with cases before non-US tribunals. Focusing on five cases from the mid-1990s through 2006, Mr. Sherby argues, essentially, that the availability of section 1782 discovery makes it more likely that an American court will grant a forum non conveniens (inconvenient forum) dismissal in many law suits brought against American defendants. Mr. Sherby further argues that, as a result, section 1782 is a blessing in disguise for those American companies that are engaged in international commerce yet do not want to be sued in American courts in connection with those activities. To view a copy of the article, please click here. News Archive: 2006 - 2007 News Archive: 2004 - 2005
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