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What's New: 2013-2014


Firm Client Wins Dismissal From California Litigation

In August a client of our firm (an Israeli electronics manufacturer) was sued in California's – despite a forum selection clause that called for all litigation to take place in Israel.

The suit sought damages of hundreds of thousands of dollars for breach of contract and related claims plus attorneys' fees.
Our client filed a motion to dismiss based upon the forum selection clause. In response, the California plaintiff asserted (among other things) that it would be contrary to "public policy" of California to enforce the forum selection clause because (a) the plaintiff's witnesses were concerned about their "safety" due to the "danger" of travel to Israel, and (b) litigation of the dispute before an Israeli court would "effectively preclude" the plaintiff of enforcement of its substantive rights under California law.
In support of its motion, our client submitted an expert declaration of Eric Sherby concerning (among other things) Israeli law and procedure.
The California court rejected all of the plaintiff's arguments and dismissed the case in its entirety.


Sherby Among The Panelists At Upcoming Israeli Bar Arbitration Seminar

The International Law Section of the American Bar Association has appointed Eric Sherby as a Vice Chair of its International Litigation Committee.

The Israeli Bar Association will be holding a seminar in January 2015 on various aspects of arbitration. Eric Sherby will be one of the panelists on the program entitled "Practical Issues of Alternative Dispute Resolution."
It is expected that the panel will discuss the results of our law firm's 2013 Survey of Israeli In-House Lawyers' Views on Dispute Resolution.


ABA Appoints Sherby As Vice Chair Of International Litigation Committee

The International Law Section of the American Bar Association has appointed Eric Sherby as a Vice Chair of its International Litigation Committee.

The International Law Section is one of the fastest growing sections of the ABA, and the International Litigation Committee is one of the largest committees of the Section, boasting a membership of almost 1,000.


Firm Retained To Advise Investor In Private Energy Producer

As Israel expands its efforts towards energy diversification, a number of private energy companies have emerged.

Our firm was recently retained to advise a non-Israeli investor in one such energy company. Our client's investment is part of the second round of investments in the private Israeli energy producer.


Firm Represents Hong Kong Software Developer In Sale To Israeli Acquirer

Our firm represented a Hong Kong-based developer of applications for mobile devices in the sale of its assets to an Israeli software conglomerate.

In addition to the asset acquisition, the transaction involved employment agreements and consulting agreements with employees and consultants in Asia and North America.


Sherby Among Speakers At Joint Conference Of NYSBA and Tel Aviv Bar Association

Eric Sherby will be a panelist on the panel entitled “Attorney Client Privilege/Internal Investigations/Crisis Management” at the upcoming Regional Meeting of the New York State Bar Association and the Tel Aviv Bar Association.

Other speakers on that panel include lawyers from Troutman Sanders LLP and Baker & McKenzie LLP.
As of May, it is expected that approximately 100 participants will take part in the Regional Meeting.


The Recorder Publishes Sherby's Op-Ed on Appellate Arbitration

The Recorder (San Francisco's leading legal newspaper) has published an Op-Ed, authored by Eric Sherby, entitled “In Practice: Appellate Arbitration Isn't a Game Changer.

In the article, Mr. Sherby argues that the experience in Israel, from 2008-2013, with respect to appellate arbitration suggests that recent actions by major arbitral institutions to incorporate an appellate level within the arbitration process are not likely to cause corporate decision-makers to decide to incorporate an arbitration clause in their contracts.
A copy of the article can be accessed by clicking here.


Commercial Dispute Resolution Quotes Sherby On Establishment of Jerusalem Arbitration Center

London-based Commercial Dispute Resolution published an article (Dec. 2) on the newly established Jerusalem Arbitration Center.

The article quotes extensively the views of Eric Sherby concerning the enforceability of awards issued by the JAC and the possibility of obtaining indirect enforcement from Israeli courts. The article also addresses Mr. Sherby’s views as to the kinds of Israeli companies that are likely to use JAC.
In addition, the CDR article touches upon Mr. Sherby’s views as to the likely legislative attempts to reduce the backlog in the Israeli court system.
Finally, the article discusses some of Mr. Sherby’s conclusions concerning the survey that our law firm recently conducted of in-house lawyers employed by Israeli companies.
CDR is a subscription-based publication


Firm Completes First Annual Survey On International Dispute Resolution

Our firm has completed our first annual survey of the views of in-house attorneys at Israeli companies with respect to dispute resolution (in particular international arbitration).

We have been informed by the Israeli Chapter of the International Chamber of Commerce and by the Arbitration Committee of the Israeli Bar Association that they will be discussing the results of our survey at their next scheduled meetings.
To view the results of our survey, please click here. (A Hebrew version of this document can be obtained by sending a request to
To view an analysis that we prepared of the survey results, please click here.


Sherby To Be Featured Speaker At TRACE Conference On Anti-Corruption In Israel

Eric Sherby will be speaking on the topic of “The Current Anti-Corruption Regulatory and Enforcement Environment in Israel and How It’s Evolving,” as the opening speaker at the TRACE Workshop in Tel Aviv on October 31, 2013.

TRACE International, Inc. is a non-profit membership association that pools resources to provide practical and cost-effective anti-bribery compliance solutions for multinational companies and their commercial intermediaries (sales agents and representatives, consultants, distributors, suppliers, etc.).


Sherby Appointed Co-Chair of ABA Conference With Israeli Bar Association

For the second year in a row, Eric Sherby has been appointed by the International Section of the American Bar Association to serve as Co-Chair of the annual Joint Conference with the Israeli Bar Association, to take place in Eilat, Israel, May 26-30, 2013.

The Joint Conference is expected to include approximately sixty attendees from non-Israeli countries.
The ABA will be sponsoring eight substantive programs.
In addition to serving as Co-Chair of the Joint Conference, Mr. Sherby will also moderate a panel on updates in international dispute resolution and intellectual property.

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