News| Harel Shaham
Gornitzky successfully represented bank Igud by dismissing the lawsuit filed against the bank in Tel-Aviv District Court
Gornitzky successfully represented bank Igud by dismissing the lawsuit filed against the bank in Tel-Aviv District Court. The plaintiff in the lawsuit requested the court to force the bank to open him a bank account, despite the bank’s refusal. Represented by Gornitzky, bank Igud argued for the reasonability of the refusal, same as the position of Bank of Israel. This claim raised some precedential issues in Banking Law, bank-customer relations and the normative status of Bank of Israel position. The claim was dismissed with acceptance of the Bank’s argument by the District Court.
Adv. Yaron Elhawi (partner), SDS liquidator, filed a motion to order the controlling shareholder and board members of SDS to bear the Company's debt in the sum of 72 Million NIS
The liquidators of SDS, Adv. Yaron Elhawi (partner) and Amir Palmer, represented by Adv. Harel Shaham (partner) and Shani Weiss from Gornitzky & Co., filed a motion to order the controlling shareholder and board members of SDS to bear the Company’s debts to its creditors in the amount of over NIS 72 million. Such debt, arose , among other things, due to the distribution of a dividend in the amount of NIS 27 million, that was made to serve the urgent liquidity needs of the controlling shareholder, in violation of the duty of care of the Company’s directors and despite the existence of reasonable doubt as to the Company's solvency, and due to amateurish and adventurous investments of tens of millions of shekels in product development and purchasing activities devoid of even elementary business logic and lacking even the most basic inquiries of the Company’s directors,who failed to take action and demonstrated complete passivity to the Company’s cash flow limitations.
Gornitzky represented a former CEO in the rejection of NIS 6.8 million of corporate embezzlement charges filed by the company he had headed, and in filing a counter claim against the company.
Gornitzky represented a former CEO in the rejection of NIS 6.8 million of corporate embezzlement charges filed by the company he had headed, and in filing a countersuit against the company.
Regional Labor Court Justice Ilan Itah decreed that the payments received by the CEO are neither the fruits of embezzlement nor an unusual scheme, as wrongfully argued by the employer. The judge subsequently rejected the majority of the suit, while partially accepting the counter claim made by the CEO following which he ruled that the parties must settle accounts for certain amounts owed to one another.
Recently, Gornitzky & Co. welcomed two new partners to its ranks, Mr. Harel Shaham and Mr. Yisrael Spero. Also to join the firm, are seven new associates.
Mr. Shaham has been an associate with the firm since 2006 and specializes in complex civil and commercial litigation cases, including in the fields of capital markets, shareholder disputes, real estate, tenders, insurance, slander, administrative law and labor law, as well as in class actions and derivative suits.
Mr. Spero has been an associate with the firm since 2007 and focuses his legal practice on domestic and cross border M&A transactions, private equity investments and complex commercial transactions.
Gornitzky & Co. has also welcomed seven new associates to its ranks, including Ms. Joanna Yanowsky, who was previously an associate at a leading, boutique labor law firm, and Ms. Shirin Gabbay-Metzger, Ms. Elinor Vardi, Ms. Noga Haruvi, Ms. Bat-Hen Mazor, Mr. Yoav Meer and Mr. Ram Shchory, who have recently completed their legal clerkship at the firm.
Gornitzky represents the Tel Aviv Stock Exchange in a successful dismissal of a NIS 200 million class action in the matter of "Mannkind"
Gornitzky represented the Tel Aviv Stock Exchange in a successful dismissal of a NIS 200 million high-profile class action suit with respect to the "Mannkind" stock - a bio-med company that registered its shares in the Israeli Stock Exchange.
Gornitzky represented the TASE in the successful dismissal of a NIS 648 million motion to approve a class action filed against the stock exchange.
Gornitzky represented the Tel Aviv Stock Exchange in the successful dismissal of a NIS 648 million motion to approve a class action, filed against the stock exchange in relation to the fees charged by it, and in connection with the articles of association and directions published by the Stock Exchange. Honorable Judge Haled Kabub accepted the arguments raised by Gornitzky (on behalf of the TASE), and dismissed the motion in limine, for reasons of lack of rivalry and lack of authority.
Gornitzky represented Mr. Ziel Feldman in the Tel Aviv District Court's dismissal of a request by Bank Discount to declare Feldman bankrupt.
Gornitzky represented American real estate mogul, Mr. Ziel Feldman, in the Tel Aviv District Court's dismissal of a request by Bank Discount to declare Feldman bankrupt.
Honorable Judge Eitan Orenstein rejected and dismissed Bank Discount's request to declare Feldman bankrupt following arguments made by Gornitzky regarding the factual complexity of the dispute, and, inter alia, the disagreement over the alleged NIS 138 million debt and the questionable legality of the interest rates applied to the loan by Bank Discount.