For many clients of ES, Eli Shimony Attorneys-at-Law, class actions go beyond the context of law and justice. Class actions are expressions of a fault or defect in the relationship between supplier and customer, employer and employee, authority and citizen. The class action allows the plaintiff to warn against unreasonable pricing policy, harm to employee rights or the principle of equal employment, arbitrary contractual engagement terms and more; however, the Israeli Class Action Law in itself consists of a defined list of causes, only by virtue of which it is possible to approve a class action. ES's professional team will examine whether your case can be filed as a class action. On the other hand –on the defense side – any business in any field is exposed to class actions – not only large companies and corporations. Your best strategy of defense against class actions is prevention. The cause of the next potential claim is probably found in your current engagement contracts.
For insurance companies and provident funds, the cause of claim may deal with the insurance contract or the fund's articles of association. In banking corporations, the cause may lie in commission agreements and the manner of approval by the client. Retail businesses may be sued in cases where their product return policy is noncompliant with the law, or, as is often the case, due to the failure to disclose crucial information such as product component on the product label. ES will review for you your contractual system with your clients, and will minimize risks of collective damage in a scope which could justify a class action.
How can we assist you?
- Evaluating the factual infrastructure to examine whether there is legal cause for filing an application for approval of a class action.
- Examining whether there is a personal cause for the class plaintiff claiming to represent the entire group.
- Filing applications for approval of class actions, in consumer affairs, against any business and especially banking and insurance corporations.
- Representation in the process of approving the application and afterwards in the claim proceeding itself.
- Employing experts to determine the existence of damage, its scope, the adequate compensation amount and the composition of the plaintiff class.
- Representing businesses and banking or insurance corporations, in defense against applications for approval of class actions.
Why do our clients choose us?
- Focus on results: examining the feasibility of reaching a compromise agreement with the other party in the proceeding.
- Prevention is the best defense: consultation and assessment of possible horizontal risks and drafting 'smart' uniform contacts.
- Systemic orientation: working together with marketing, human resources and public relations representatives to manage the claim's effects.
- Teamwork: by financial experts, creative lawyers and outstanding litigators.