Legal articles

May 25

Civil Litigation – “What Is the Cost of Justice? Reflections of a Litigator on Legal Costs as an Indicator of the Structure of Civil Procedure“. Calcalist, 8.5.2025.

Article abstract: The normative framework in Israel recognizes the importance of realistic cost reimbursement, yet its practical implementation is still evolving. When awarded costs fail to reflect the actual investment in the legal process, values such as accessibility, procedural equality, and public trust in the judicial system may be undermined. In an article authored by Advocate Orly Tenennbaum and published in Calcalist, Advocate Tenennbaum examines the role of cost awards in civil litigation, their contribution to the efficient regulation of proceedings, and the means to bridge the gap between legislative intent and judicial practice.

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April 23

Civil litigation – “Civil Procedure Regulations” – Whoever Stands Behind and to my Side and in Front of Me is the One Who Stands” – The Preliminary Hearing as a Playground” (Lawyer Journal, Israeli Bar, Vol. 51, April 2023, Pages 66-69).

Article abstract: An article inspired by the reform in the Civil Procedure Regulations that discusses the preliminary hearing – a new tool for hearings that was integrated in the Civil Procedure Regulations  demonstrating how the expectation and hope for early preparation of litigants and their attorneys as part of the preliminary hearing does not materialize and how said preliminary hearing acts as a quasi playground for the litigiants.

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May 20

Corporate litigation – Derivative Action – “The Tail Wags the Dog” – How a Preliminary Procedural Process (pre-pre-preliminary) of “Disclosure of Documents” before Filing a Derivative Lawsuit took “Center Stage” in the “Derivative Lawsuit” track? (Lawyer Journal, Israeli Bar, Volume 45, May 2020, Pages 93-92).

Article abstract: Article inspired by the Intercolony Rule – that discusses the need to restore the preliminary procedure of requesting disclosure of documents before submitting a derivative action (Section 198a of The Companies Law) to its natural place.

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