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What's New: 2008-2009


Global Arbitration Review Quotes Sherby On Israeli Supreme Court Case

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.

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.


Sherby & Co. Client From UK Wins Israeli Arbitration

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.

Special 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

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

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.
Special 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

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 Related Cases, Firm Client Obtains Ex Parte Orders of Attachment in Excess of $11.8 Million

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.
Special note: Our firm does not identify our foreign clients by name, for reasons described in detail in About Our Clients.


In Two Separate Cases, Haifa Judges Appoint Sherby To Take Testimony Under Hague Evidence Convention

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

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

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

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 "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

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

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.
Special 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

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.

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