News

| Eli Cohen
February 11th, 2018

Gornitzky represented Luzon Group in a claim regarding a lien on Dori Energy's shares.

Gornitzky represented Luzon Group in a claim in which it declared that the lien on Dori Energy's shares, a company owned by the group and a shareholder in the Dorad power plant, serving as security for an NIS 180 million bond-raising, does not necessarily prompt the right of first refusal incorporated in the Dorad Power Plant shareholders' agreement.


The District Court fully accepted the claim filed by the group, awarding the company high expenses. Following the ruling, an appeal to the Supreme Court was filed by Edelcom Ltd. (another shareholder in the Dorad power plant), but was dismissed.

 

The group was represented by Eli Cohen (Partner) and Associates Daniel Lasry and Alex Feldsher.

April 3rd, 2017

Gornitzky's litigation team represents a founder of Ducool in a derivative action of USD 20 million against controlling shareholders.

Gornitzky's litigation team, led by Eli Cohen (Partner), represents one of the founders of Ducool Ltd., in a motion to approve a derivative action in the aggregate amount of USD 20 million against the controlling shareholders of the company.

Gornitzky's litigation team represents one of the founders of Ducool Ltd., a manufacturer of advanced air cooling systems, exported to the international market, in a motion to approve a derivative action in the aggregate amount of USD 20 million against the controlling shareholder of the company, the American private equity firm, AMatlin Patterson Global Advisors LLC, and its directors.

Within the framework of these proceedings, the fact that the respondents are located in the United States had to be taken into account in terms of whether or not the derivative action could indeed be filed, since it involved another jurisdiction. According to the Court's decision, a shareholder in an Israeli company cannot be prevented from filing a motion to approve a derivative action.

The founders of the company were represented by Eli Cohen (Partner) and Yaad Gordon (Associate).

November 29th, 2016

Gornitzky successfully represented an acquisition group in rejecting a motion to disqualify an arbitrator, in addition to a request for permission to appeal before the Supreme Court

Gornitzky successfully represented an acquisition group in rejecting a motion to disqualify an arbitrator, before the honorable Judge A. Vago at the District Court, in addition to a request for permission to appeal before the Supreme Court, held before the honorable Judge Danziger at the Supreme Court.

 

Within the framework of the motion to disqualify the arbitrator and the permission to appeal, it was claimed, among others, that the arbitrator should be disqualified based on the fact that the representative of the acquisition group, Adv. Eli Cohen, was appointed as the IBA's deputy Chairman of the litigation committee, one in which the arbitrator resides as Chairman. Furthermore, said arbitrator represents a client in a separate proceeding, in which Mr. Cohen represents the opposing party.

 

In his court ruling issued in September 2016, the honorable Judge Vago ordered to dismiss the motion, whilst accepting the claim made by the acquisition group, according to which there is lack of real likelihood of bias, on the arbitrator's part, in his decision. Expenses for the procedure were imposed on the petitioner.

 

The request for permission to appeal filed by the petitioner was also rejected, while the claims made by the acquisition group were accepted and expenses for the procedure were imposed on the petitioner. In his court ruling, the honorable Judge Danziger, determined, among others, that the so-called "connection" between advocate Cohen and the arbitrator, allegedly originates from their professional acquaintance. Furthermore, any claim according to which there is real likelihood of bias, on the arbitrator's part, is far-fetched. It was also determined that the fact that the arbitrator and advocate Cohen represent clients on opposite sides in a separate proceeding, does not necessarily raise concern about a conflict of interest.

 

The acquisition group was represented by Eli Cohen (partner) and Natalie Dragot

December 23rd, 2015

Gornitzky successfully represented A.S. Uri investments & assets (2000) Ltd., a subsidiary of Vitania Ltd., in a NIS 7 Million claim against the company filed by Adv. Yehuda Zehavi, which was revoked by the Tel Aviv District Court.

Gornitzky successfully represented A.S. Uri investments & assets (2000) Ltd., a subsidiary of Vitania Ltd., in a NIS 7 Million claim against the company and Gad Proper, a Vitania Ltd. Shareholder, filed by Adv. Yehuda Zehavi. The claim of the plaintiff, Adv. Zahavi, is that Vitania made a verbal commitment to him that he would be the lawyer handling the enforcement of Vitania's rights in the assisted accommodation project, “Until 120”, and “Vitania Tower”, office building in Ramat Hachayal, Tel-Aviv. Vitania Ltd. denied such commitment was ever made to Adv. Zehavi and claimed he was paid fully for all legal services provided with connection to the Project. . The Tel Aviv District Court rejected the claim and questioned the absence of a written fee agreement, while stressing the duty of lawyers to draft written agreements at all times. 

 

 

A.S. Uri investments & assets (2000) Ltd. was represented by Eli Cohen (partner), Daniel Lasry and Alex Feldsher.

 

August 13th, 2013

Gornitzky represented U. Dori in the company's NIS 50 million suit against the EPC contractor of the Dorad power station, Wood Group and its subsidiary. 

Gornitzky represented U. Dori in the company's NIS 50 million suit against the EPC contractor of the Dorad power station, Wood Group and its subsidiary. The Dorad power station is a combined cycle power station based on natural gas. It is the largest independent power station in the country and will generate up to a total of 840 megawatts of electricity, which will be sold to the IEC and to large industrial/institutional customers through the IEC's distribution grid.

 

U. Dori Engineering Works Corp. Ltd. was represented by Eli Cohen (Partner) and Or Lustgarten.

June 13th, 2011

In a precedential decision, Judge Yaakov Sheinman of the District Court in Petach Tikva, accepted arguments made by Gornitzky & Co. on behalf of ImageSat International and dismissed in limine the application to approve a NIS 4 billion derivative action against the company.

In a precedential decision, Judge Yaakov Sheinman of the District Court in Petach Tikva, accepted arguments made by Gornitzky & Co. on behalf of ImageSat International and dismissed in limine the application to approve a NIS 4 billion derivative action against the company.

 

The request for the in limine dismissal of the application was based on the innovative claim that a derivative action in the name of a foreign company cannot be filed in Israel under the Israeli Companies Law.

 

ImageSat International N.V., a leading provider of high-resolution, satellite earth-imagery, which launched and operates the EROS commercial satellites, was represented by Mr. Ofer Tzur (Partner, Head of Litigation) and Mr. Eli Cohen (Partner).

September 5th, 2017

Gornitzky successfully represents Luzon Group in a claim regarding Dorad Power Plant shareholders.

Gornitzky represented Luzon Group in a claim in which the group declared that the lien of shares of Dori Energy (a shareholder in the Dorad power plant),serving as a security for an NIS 1.8 million bond-raising, does not necessarily prompt the right of first refusal incorporated in the Dorad Power Plant shareholders' agreement.


At the end of the proceeding, a meticulous ruling was issued, accepting the claim in full and ordering high expenses to be paid to the company. The ruling dealt with fundamental, complex commercial and corporate issues and the manner in which they are to be applied in the area of financial and contractual conduct of public corporations.


The company was represented by Eli Cohen (Partner) and Associates Daniel Lasry and Alex Feldsher.

November 29th, 2016

Gornitzky represented Audio Pixels Holdings Ltd. and additional parties involved, in a successful dismissal of a motion to approve a derivative suit against them, in the amount of NIS 500 million

Gornitzky successfully represented Audio Pixels Holdings Ltd. (an Australian public company) as well as its Israeli subsidiary, Audio Pixels, officers of the company and additional parties involved, in the dismissal of a motion to approve a derivative suit against them, in the amount of NIS 500 million.

 

Lod District Court (the honorable Judge Dr. Borenstein) dismissed the motion to file a derivative suit against Audio Pixels, in the amount of approximately NIS 500 million, in relation to the claim of alleged technology theft, concerning unique developments in the audio field.

 

The technology to which the motion refers to is in fact a unique technology for the manufacturing of speakers, developed by Audio Pixels, based on micro electromagnetic structures (MEMS) and not on the customary classic speaker components in today's industry, which is expected to provide unprecedented performance in the field of audio. Several months ago, Audio Pixels reported a cooperation agreement for the production of chips together with the Israeli company TowerJazz. Recently, the company also proceeded to report to its investors its progress in the developmental stages, along with the unique cooperation with Bar Ilan University, in a project aimed at assisting the blind in sight analysis via the use of part of the technology it is developing.


At the beginning of 2013, Amir Baron, a software engineer, filed a request for the approval of a derivative suit against Audio Pixels Holdings Limited, its Israeli subsidiary, Audio Pixels, and several other executive officers at Audio Pixels along with other individuals involved.
Within the framework of the motion to approve a derivative suit, filed in the amount of about NIS 500 million, it was claimed that the intellectual property used by Audio Pixels belongs in fact to an Israeli Start-up company called B-4 (no longer active today, in which Baron worked together with the respondents) and that one of the respondents, who left B-4 in 2006, took the technology with him and used it, together with other respondents, in order to establish Audio Pixels, and in practice, the technology used by Audio Pixels today is B-4's intellectual property.


In a lengthy and detailed ruling, the court dismissed the motion to approve a derivative suit .
Furthermore, the court determined that taking into account that B-4 is at the end of the road and that the purpose of the suit is to serve the personal interests of the share -holders, it cannot be determined that the purpose of the suit is indeed in favor of the company. Furthermore, the court ruled that the petitioner's good-faith should be questioned.


Due to these reasons, the court decided to dismiss the motion to file a derivative suit and to impose the expenses on the petitioner.

 

The Audio Pixels group, its subsidiaries and other parties involved were represented by Eli Cohen (Partner), Or Lustgarten and Yaad Gordon.

March 31st, 2016

Gornitzky represents the founders of DuCool Ltd. in a dispute amongst company share-holders against the controlling shareholder in the company 

Gornitzky represented the founders of DuCool Ltd. (a company that specializes in the manufacturing of advanced air-conditioning systems, which are exported to international markets including the U.S., China and India), in a dispute amongst company share-holders against the controlling shareholder in the company, the American hedge fund, Matlin Patterson Global Advisors, LLC. its Directors.

Within the framework of these proceedings, two motions were filed by the founders of the company for the approval of two derivative actions at the District Court in Tel Aviv (Financial Department), as well as three actions at the Regional Labor Court.

In March 2016, Haifa District Court acceded the motion to suspend proceedings and appoint a trustee, as requested by the company (ex parte), a motion which was filed, according to the founders, for the purpose of dismissing proceedings which were initiated by the founders, represented by Gornitzky & Co., against the American Fund.

In an expedited process, within a number of days, the office team strived to suspend proceedings. In an unconventional ruling by the Haifa District Court, the court ordered the cancellation of the injunction to suspend proceedings, together with the annulment of a trustee, and respectively the ongoing proceedings conducted by the group of founder were restored.

 

The Company's founders were represented by Adv. Eli Cohen (Partner), Adv. Michael Ayalon (Partner), Adv. Cobi Marcus and Adv. Yaad Gordon.

September 10th, 2015

Gornitzky represents China Railway tunneling Group (CRTG) and its partner Solel Boneh, in a petition against their successful win of a NIS 2.9 Billion tender for the Tel Aviv Light Rail project

Gornitzky represented CRTG, a subsidiary of China Railway Engineering Group Ltd., the largest Chinese company specializing in underground works,  and its partner Solel Boneh in a successful dismissal of a petition filed to the Tel-Aviv District Court and to the Tender Committee in connection with their win of a NIS 2.9 Billion tunneling tender published as part of the Tel Aviv Metropolitan Area Mass-Transit System.

January 13th, 2012

Gornitzky & Co. represented Shikun & Binui Ltd. before the Israel's Supreme Court, appealing the rejection of their petition against the win of Shapir Engineering in the tender for the construction and operation of the new NIS 10 billion IDF training camps.

One week before the final announcement of the winning bidder in the tender for the construction and operation of a new IDF training camps, worth approximately NIS 10 billion, Mahanegev, a company owned by Shikun & Binui Ltd., submitted an appeal to Israel's Supreme Court. The company appealed the win of Shapir Engineering (2001) Ltd. in the tender. Gornitzky & Co. represented Shikun & Binui in the appeal and in the filing of an urgent application for an emergency hearing.

 

Mr. Ofer Tzur (Partner, Head of Litigation), Mr. Eli Cohen (Partner) and Mr. Itzchak Lazar lead the representation.