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SHERBY & CO., ADVS.
 

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What's New
Archive: 2012-2014
Archive: 2010-2011
Archive: 2008-2009
Archive: 2006-2007
Archive: 2004-2005
 
 
 
 
Tel Aviv Court Appoints Sherby To Take Evidence For Use In U.S. Patent Litigation
July 2018
The Tel Aviv Magistrates Court has appointed Eric Sherby to take evidence from nine (9) Israeli witnesses for use in a patent case pending before a federal court in Massachusetts.
 
The appointment was made pursuant to a Letter of Request (under the Hague Evidence Convention) signed by the Massachusetts 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.
 
This is the second time in five months that Eric Sherby has been appointed by an Israeli court to take evidence for use before an American federal court. Earlier this year, such appointment had been requested by the U.S. Securities and Exchange Commission.
 

Jerusalem Court Appoints Sherby, At Request Of U.S. Securities and Exchange Commission, To Take Evidence In Israel
February 2018
The Jerusalem Magistrates Court has appointed Eric Sherby to take evidence from five Israeli witnesses for use in two insider trading cases pending before a federal court in New York.
 
The appointment was made pursuant to a request (under the Hague Evidence Convention) signed by the New York court. The request specifically proposed Mr. Sherby (by name) as the lawyer to be appointed by the Israeli court, pursuant to section 16(b) of Israel's Legal Assistance To Foreign Nations Law. (A copy of the request can be accessed here (requires PACER username and password).)
 
The party in the New York case that proposed Mr. Sherby as the appointed attorney is the U.S. Securities and Exchange Commission.
 

Firm Client Obtains Order of Attachment, In Amount of $3.6 Million, In Support of Motion to Enforce Judgment
May 2017
A client of our firm recently filed a motion to enforce an American judgment in the amount of $3.6 million, and in that context, our client obtained an ex parte order of attachment against the assets of the Israeli defendant (judgment-debtor).
 
The order of attachment was issued by the Israeli court nine days after our client first contacted our firm.
 

American Bar Association Publishes Two Chapters, Authored By Eric Sherby, In Major Work on International Litigation
March 2017
The American Bar Association has published International Aspects of US Litigation, which is believed to be the most comprehensive work of its kind. The two-volume work consists of 29 chapters, authored by leading practitioners and scholars in the international litigation field. Two of the chapters in International Aspects of US Litigation have been authored by Eric Sherby. Those two chapters are “Discovery In Aid of Foreign Proceedings: 28 U.S.C. § 1782” and “Forum Selection Clauses In International Commerce.”
 
The two chapters authored by Mr. Sherby are the only ones in the book written entirely by a practitioner based outside of North America.
 
The ABA will also be publishing a book on international discovery (evidence gathering) around the world, and the chapter on Israel has been authored by Eric Sherby. This book is expected to be published in the second quarter of 2017.
 

Leading Italian Legal Journal Publishes Sherby's Article on Drafting International Arbitration Clauses
March 2017
Foro Padano, one of Italy's leading law journals, has published (in Italian) Eric Sherby's article “A Different Type of International Arbitration Clause.” The article was originally published (in English) by the American Bar Association's International Section.
 

Tel Aviv Magistrates Court Appoints Sherby To Oversee Taking of Evidence Under Hague Evidence Convention
January 2017
The Tel Aviv Magistrates Court has appointed Eric Sherby to supervise the process of obtaining evidence from four Israeli witnesses for use in a patent case pending before a federal court in California.
 
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.
 

Firm Client Receives Over $2.3 Million of $2.4 Million Claim in Insolvency Case
October 2015
In what was initially described by Israeli counsel for a different creditor (coincidentally the largest creditor) as a “loser case,” a client of our firm has received a dividend payment in the amount of $2.3 million in connection with quasi-liquidation proceedings in Israel concerning a company in the energy exploration field.
 
Of the two trustees who were (eventually) appointed to oversee the quasi-liquidation proceedings, one had been recommended by our law firm to the Israeli bankruptcy court.
 
The claim of our client, which is a provider of services in the petrochemical and oil drilling fields, was $2.4 million.
 
Other major creditors were represented by the Yigal Arnon, Gross Kleinhendler, Hodak, Halevy, Greenberg, Herzog, Fox & Neeman, and S. Friedman law firms.
 
Special note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.
 

Firm Client Obtains Recognition of European Judgment In Excess of $20 Million
April 2015
Our firm represented a European-based company in obtaining recognition of a judgment, issued by a European court, against an Israeli citizen.
 
Special note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.
 

Firm Completes Second Annual Survey On International Dispute Resolution
February 2015
Our firm has completed our second annual survey of the views of in-house attorneys at Israeli companies with respect to dispute resolution (in particular international arbitration).
 
Almost immediately after the results of our survey were shared with leading figures in the Israeli arbitration community, we were contacted by the faculty of law of one of Israel's leading universities, proposing that our next survey be conducted as a joint project with that law faculty.
 
To view the results of our survey and an analysis that we prepared, please click here