בן חיים, כהן, גאליס - משרד עורכי דין ונוטריון

Litigation is the heart of the legal system an constitutes a cornerstone and a central component in the work of the Firm, which represents clients in legal proceedings in commercial, administrative and civil matters in almost all areas and judicial tribunals, including civil courts (peace, district and supreme), the High Court of Justice, administrative and local courts, arbitration, rabbinic courts, mediation, the Commissioner of Land and the like.

Litigation is a specialty in its own right and in recent years awareness is rising in Israel, that not every lawyer can conduct legal proceedings before various courts at a high level. The Firm has particular expertise in litigation and accumulated experience in managing over a thousand legal proceedings before the various courts. The fact that in addition to litigation experience in large and complex cases the Partners in the Firm have in-depth knowledge, experience and expertise in various fields, enables them to provide customers a comprehensive perspective on complex and intricate issues and offer practical, creative and appropriate solutions in every litigation. This expertise is reflected in both commercial litigation and public-administrative litigation.

In the field of Commercial Litigation, over the years the Firm has gained many successes in representing business and private customers in financial claims and disputes between shareholders / partners, receiverships and liquidation, company law (including company recovery), communications, slander, tenders, contracts, real estate, intellectual property, copyright, manufacturer – distributor/reseller relations, franchise law, labor law, inheritances and wills (including objections to implementation of wills in family courts) damages and more.

The Firm is very experienced in Public-Administrative Litigation in preparation and submission of petitions to the High Court and local administrative courts, acceptance and rejection of injunctions, directives and declarative decrees, tenders (including acceptance and rejection of the injunction in the tender), planning and construction, local authorities, business licensing, appeals committees and more.

Below are examples of litigation cases handled by the Firm:

• Submission to the High Court of Justice against the Interior Minister's decision to approve extensions of time for submission of claims under section 197 of the Planning and Building totaling 30,000,000 Shekels.
• Representation in the lawsuit filed in connection with the Tzahar wastewater treatment plant totaling 14,000,000 Shekels.
• Representing Midreshet Ben Gurion in the High Court of Justice in the dispute over the allocation of municipal lands, in order to allow suitable and accepted planning of the village.
• Representation, in collaboration with the offices of Attorney Gideon Fisher & Co., of the Dead Sea Hotel Association regarding NIP 35 and NMP 13 against the relevant planning authorities (the National Infrastructure Committee and the National Council for Planning and Construction).
• Representation of the town of Kfar Hasidim in an administrative precedent regarding the construction of reservoirs to absorb flood water and wastewater in accordance with NMP 34B/4.
• Representation, in collaboration with the offices of Attorney Gideon Fisher & Co., of the Decor Group ("Kitchen Decor") in the Supreme Court with regard to the program of consolidation and distribution of about 1,600 housing units in Mazkeret Batya.
• Rejection of a claim in the amount of 4,000,000 Shekels filed by the residents of a neighborhood against their local council and local planning and construction Committee.
• Representation in the Supreme Court of a municipal debt collection company in an appeal to a total of about 3,000,000 Shekels against a local council.
• Representation of a local council sued in a lawsuit to cancel a development agreement to build over 100 housing units and a commercial center.
• Representation of a waterproofing contractor in a claim to the sum of 1,000,000 Shekels for breach of an exclusive distribution agreement of a Greek company in Israel.
• Representation of a club in Herzliya against administrative closing order issued against it and canceling the order.
• Representation of a Bar-Restaurant in an administrative demolition order issued against it and an order to prevent actions issued against it in accordance with the Business Licensing decree.
• Representation of a computer company in a lawsuit filed against it by Microsoft claiming copyright infringement.
• Representation of a tourist site in a lawsuit to be filed against various parties for copyright infringement.
• Representation of a transport company in an administrative petition to cancel an electric company tender.
• Representation of a billboard company in an administrative petition against a tender issued by the Municipality of Kiryat Motzkin.
• Continuous representation of dozens of cases in labor law against the city of Safed.

The Firm is very experienced in Real Estate in all types of transactions, including the escort of transactions and projects under preparation and construction, land zoning change, utilization of land and accompanying entrepreneurs and project. The legal service provided by the Firm in real estate is complete, tight and comprehensive, and begins from the initiation stages, through the surveillance of property, project design, construction, marketing, sale or rental. As a by-product of this activity, The Firm assists the client in contacting contractors, fundraising or financing from banks and other financial institutions, and constructing the transaction in the suitable and proper manner in conformance with Tax Law (Tax Planning).

The Firm represents and handles various real estate transactions such as sale, purchase and rental properties (residential, commercial and industrial) and handles all aspects involved such as taxation, planning and building laws, registration of ownership of development agreements, as well as all activities involved with the land registry office ("Taboo") and Government.

In addition, the Firm is experienced in escorting, advising and representing clients in transactions according with NOP 38, landlords in Eviction-Construction proceedings ("urban renewal"), purchase groups, combined transactions, proceedings and claims in connection with the dismantling of sharing land, disputes between tenants in common homes, claims the evacuation of tenants and take control, land improvement, land allocations, approval of property rights , as well as representation in terms of handling fees and charges, levies (including betterment levies), municipal taxes, lease agreements (including development and leasing contracts treatment), Town Plans (TPS), business licensing, development of existing assets, obtaining building permits, expansions, permits, non-conforming use, regulation of solar energy power systems (NOP 10) and the like.

The Firm has escorted "expansion" projects in communal and agricultural cooperative societies, from both the side of the local authority and that of the different occupants. The Firm's clients in the field of real estate include land owners, corporations, entrepreneurs, private businessmen, investors and lucrative property management companies.

The Firm offers its clients creative solutions for each transaction, including through cooperation with consultants and experts such as planners, engineers, appraisers, architects and experts in tax. 

The Firm deals with a variety of subfields in commercial law and represents corporations, local authorities and private and business clients, both local and international, including ongoing assistance in all areas of their activity, as well as various transactions such as investment agreements, mergers and acquisitions, dissolution of partnerships, sales and assignments in corporations (stocks and options). Cooperation between the Partners in the Firm enables us to provide the customer comprehensive, professional and diligent service.

The firm escorts the client from the first day in which strategy is determined for the emerging transaction and provides customers intimate consultancy including planning and accompanying the transaction, management of the negotiation process, performing due diligence examination and preparation of all documentation required to carry out the transaction. 

The Firm provides the client legal-transactional escort on a regular basis in all the clients ongoing affairs in accordance with the various developments, and advises on a wide range of topics required for commercial activity, including commercial transactions, corporate law (including corporate insolvency laws), Capital Markets, Antitrust business, contracts, intellectual property, law partnerships, financing and collateral (including planning and creating of collateral), Labor Law (including Labor relations and employee compensation), business licensing, auctions, supply agreements and/or contracting, distribution, agency, franchise law (including preparation and drafting of franchise agreements).

The Firm represents clients in the field of Real Estate in all types of transactions, including the escort of investments, planning and construction, obtaining building licenses, and in the field of land usage, as well as accompanying transactions and projects in the process of planning and construction, land zoning change, and escorting entrepreneurs and projects. The legal service provided by the Firm in real estate is complete, tight and comprehensive, and begins from the initiation stages, through the surveillance of property, project design, construction, marketing, sale or rental.

Among The Firm's clients in the field of commercial law are public and private institutions, local authorities, corporations, private businessmen and others.

Below are examples of issues the Firm has handled:

• Escorting companies in the field of education and software in investment agreements.
• Escorting transactions of mutual investment in patents and intellectual property.
• Escorting liquidation proceedings in a group of companies in the field of transport.
• Merger of companies in the field of transport.
• Leading the Suspension of Proceedings process of the Economic Company for the Development of Safed blue valley LTD, at the end of which most creditors received 100% payment on the debts towards them.
• Escorting of an investment agreement in a group of companies with a financial turnover of tens of millions of shekels.
• Representation of the owners of a building in Hayarkon Street in Tel Aviv in an entrepreneurial deal to establish a Boutique Hotel.
• Liquidation proceedings in properties with commercial designation in the north.
• Dissolution of a partnership in the field of websites promotion.
• Establishing of a franchise in Eastern Europe.

The Firm has a long experience with local authorities and provides ongoing counseling and representation to local authorities in all areas. The Firm currently serves as the external legal counsel to the Merom HaGalil regional council, as the external legal counsel to the Safed municipality in the field of labor law (and advices to the council in other issues) and as legal counsel to Kfar Hasidim. Attorney Ben Haim served up to 2007 as external legal counsel to the Safed municipality.

The Firm represents various cooperative societies and was also appointed as an arbitrator on behalf of the Registrar of Cooperative Societies in accordance with the Cooperative Societies Ordinance and Cooperative Societies Regulations (arbitration disputes), 1972. In addition, the Firm represents companies and individuals against local authorities and cooperative societies on various issues, including disputes between members of cooperatives societies, conflicts between members of the associations among themselves and conflicts between different societies.

The Firm's specializations in the field of local authorities and cooperative societies include tender laws, real estate (including land managed by the Israel Lands Administration), fees and development levies, property tax, business licensing, agreements between the various bodies and local authorities, infrastructure, expansion of settlements, as well as the issue of proper management of cooperative societies with the Registrar of Cooperative Societies.

Below are examples of cases handled by the Firm:

• Representation of the municipality of Safed in collective labor disputes.
• Representation of the members of a cooperative society against the cooperative with regards to the legality of decision making in the cooperative.
• Representation in the lawsuit filed in connection with the Tzahar wastewater treatment plant totaling 14,000,000 Shekels.
• Rejection of a claim in the amount of 4,000,000 Shekels filed by the residents of a neighborhood against their local council and local planning and construction Committee.
• Representation in the Supreme Court of a municipal debt collection company in an appeal to a total of about 3,000,000 Shekels against a local council.
• Representation of a local council sued in a lawsuit to cancel a development agreement to build over 100 housing units and a commercial center.
• Representation of a transportation company in an administrative petition regarding business licensing.
• Representation of a club in Herzliya against administrative closing order issued against it and canceling the order.
• Representation of a Bar-Restaurant in an administrative demolition order issued against it and an order to prevent actions issued against it in accordance with the Business Licensing decree.
• Representation of a billboard company in an administrative petition against a tender issued by the Municipality of Kiryat Motzkin.