Overview

Described by one directory as being both “brilliant” and “professional, attentive and creative”, and by another directory as “an outstanding lawyer with valuable analytical abilities”, Dr. Asaf Rentsler’s experience encompasses a wide range of commercial disputes spanning all aspects of planning and zoning law, real estate and land use, administrative & constitutional law, healthcare law, Consumer law, insurance related disputes, torts, contracts, class actions and family disputes. Asaf has appeared before the entire range of Israeli courts, including the Court for Administrative Affairs and the Israeli Supreme Court.

Asaf has extensive experience representing defendants in class actions in a range of industries (such as health, automotive, tourism, retail, electronic commerce), and in a range of legal fields (such as securities, consumer law, defective goods, contracts, torts).

Asaf represents clients that operate international electronic commerce sites, and has a first-hand knowledge of the dilemmas they face, such as: application of the Israeli law, jurisdiction of the Israeli courts, privacy and spam, the rights of Israeli consumers and more.

As a member of the firm’s Healthcare practice group, Asaf regularly appears before the Supreme Court petitioning the Court to review or set aside various aspects of the Government’s public health policy, including planned changes in the public health basket (drugs and other medical technologies). Asaf has considerable experience in the field of health law, representing leading HMO Maccabi Healthcare Services in various disputes and class actions, and providing ongoing counsel regarding health policy issues.

Having authored one of the leading books on the subject, Asaf also advises on planning and building law, including strategic advice on major office, residential, industrial and infrastructure projects, planning and building permits, judicial review of decisions of local and national planning committees, appeals, re-zoning, land use disputes and environmental assessments.

Publications

Asaf is the author of Use Variance (2010), published by Bursi Law Book (593pp), a textbook often quoted in Supreme Court and other Courts judgments.

Languages: EnglishHebrew
Admissions: Israel Bar, 1999
Education: Hebrew University of Jerusalem, LL.D., (the direct doctorate track. Asaf’s thesis on Planning and Building Law was advised by Professor Daphna Lewinsohn-Zamir), (2008)Haifa University, LL.B., magna cum laude and annual inclusion in the Dean’s List, as well as recipient of the Outstanding Paper Award, (1998)Haifa University, B.A. in Economics, (1998)

Experience

A selection of Asaf’s cases include acting for:

  • Representing and advising Maccabi Healthcare Services, one of Israel’s largest healthcare service providers, in a range of disputes with hospitals, health professions, patients and government agencies, including class actions, health policy matters, all matters concerning drugs and health technologists, including regulatory aspects and the inclusion of drugs in the national health basket. For example:
    • A class action valued at one billion NIS which was brought in connection with a change of formulation of a drug supplied by Maccabi. The plaintiffs claimed that the change of formulation resulted in patients experiencing various adverse reactions
    • A class action raising fundamental questions regarding the use of generic drugs by Maccabi specifically, and in Israel’s public health system as a whole.
    • A class action concerning the sending of text messages (“spam messages”).
    • Several class actions concerning payments that Maccabi is permitted to collect from its insureds.
    • Several class actions claiming discrimination on the ground of gender or sexual orientation. These actions raise certain questions, such as whether it is permissible that medical insurance cover expenses for egg donor procedures that are performed abroad for insured women, so that homosexual partners cannot enjoy this benefit; or whether it is permissible that medical insurance will grant services and benefits relating to pregnancy and childbirth to women only.
    • A class action dealing with the question as to whether linkage differentials and interest should be added to the various payments that Maccabi refunds to its members.
    • Application to certify a derivative action, on behalf of Maccabi, against a number of private insurance companies. Maccabi’s position was accepted by the Supreme Court, which held that a member of a Health Maintenance Organization (HMO) (Kupat Holim) is not entitled to file a derivative action on behalf of the HMO, and the claim was accordingly dismissed in limine.
    • A claim filed by Maccabi against the pharmaceutical companies, Sanofi S.A. and Sanofi-Aventis Israel Ltd., seeking compensation for damages caused to Maccabi due to the defendants’ conduct, which resulted in a delay in the entry to the market of a generic alternative to the pharmaceutical drug, Plavix, that is marketed by them. As argued by Maccabi, such delay resulted in it having to pay a much higher price for Plavix than it should have paid, had the generic product entered the market sooner.
    • Various petitions being deliberated before the High Court of Justice, on an array of issues, such as: the reform in the mental health system, the availability and quality of the rehabilitation services in the north and south of Israel, as opposed to those provided in the central area, the legality of the amendment to the law that limits the possibility of doctors being able to provide certain medical services on a private basis and the legality of regulations governing the eligibility of non-residents who have permission to stay in Israel, to receive health care services.
    • Personal claims filed by insureds dealing with the question of their right to receive various medical treatments.
  • Representing Toyota Motor Corporation in a several class actions filed against it with respect to various issues, including defective goods, the obligation to initiate recalls, the duty to give service to private or parallel (grey) imported cars.
  • Representing Booking.com B.V., the world’s leading digital travel company, in several issues, including several class action suits filed against it with respect to the Booking.com website and mobile app.
  • Representing Rentalcars.com, the world’s biggest online car rental service, in several class action suits filed against it.
  • Representing Agoda Company Pte. Ltd. in a class action suit filed against it with respect to the Agoda.com website.
  • Representing a number of defendants in a class action valued at hundreds of millions of NIS which was brought in connection with the issue of a promissory note as against the deposit of funds with a subsidiary of Lehman Brothers, backed by a Lehman Brothers guarantee. The plaintiffs claimed that material information as to the imminent collapse of Lehman Brothers at 2008 had been withheld from them.
  • Representing a large corporation in arbitration against a large international company concerning a claim seeking enforcement of a software development agreement.
  • Representing a privately held IT company in an arbitration before the retired Judge of the Supreme Court, Dr. Ayala Procaccia, in a dispute with a private company owned by the entity which manages Israel’s pension funds, regarding the data cleansing services that the IT company provided to the pension funds.
  • Representing and counseling an entrepreneur in the gas, oil and oil shale field in various activities vis-à-vis several government ministries and the regulators, including successfully rebutting three petitions filed to the High Court of Justice.
  • Representing landowners in a multi-million dollar application for the cancellation of state expropriation of their land.
  • Represented the Weizmann Institute in a petition filed against the approval of the “Gate of Science” program in the city of Rehovot.
  • Representing a company in a project for constructing a hotel and a residential tower on the Netanya coast.
  • Representing Israeli lawyers, who were appointed by the court as special managers of a large land reserve in Tel Aviv, in a petition to determine their fee for their activities relating to managing and improving the land for many years.
  • Representing Haifa Port Company Ltd. in proceedings dealing with the effects of implementing a national outline plan on the operation of Haifa port.
  • Representing an owner of land under joint ownership in a dispute among the landowners concerning the division and allocation of the ownership and building rights in the land, as well as in a claim for eviction and a monetary claim for his use of the land.
  • Representing a high-net-worth individual in a multi-million dollar dispute relating to family law and overseas property ownership. The dispute concerned an Israeli attorney who claimed to be the common-law husband of the high-net-worth individual and the co-owner of her entire property.

Recognition

Asaf is recommended by the following leading legal directories:

  • The Legal 500 2019, Recommends Asaf for his practice in Healthcare and life sciences and in planning and zoning.
  • The Legal 500 2017, Recommends Asaf for his practice in Healthcare and life sciences and in planning and construction.
  • Chambers and Partners 2015, Ranks Asaf as one of the leading lawyers in Israel in the field of dispute resolution.
  • The Legal 500 2015, Recommends Asaf for his practice in planning and construction.
  • Finance Monthly Law Awards 2015 – “Dispute Resolution Lawyer of the Year – Israel”.
  • Finance Monthly Law Awards 2014 – “Dispute Resolution Lawyer of the Year – Israel”.
  • Chambers and Partners – Global 2014.
  • Chambers and Partners – Global 2013, describes Asaf as one of the firm’s key individuals in the field of dispute resolution, saying: “Asaf Rentsler is singled out by clients as ‘an outstanding lawyer’ with valuable analytical abilities”.
  • The Legal 500 Europe, Middle East & Africa 2013 recommends Asaf for his practice in insurance, following on from past recommendations in insurance and dispute resolution.
  • The European Legal 500 has variously recommended Asaf in insurance (2011), describing him as “professional, attentive and creative”; and in dispute resolution (2009), where he was described as a “brilliant young partner”.

Other Activities

Asaf lectures on legal topics in different frameworks conferences and professional training courses.

Asaf served as the Secretary of The Israeli Association of Public Law (2009-2014), and today he is a member of the Association’s Board.

Asaf was Chairperson of the Law Students’ Council and its representative on the Faculty’s Council and Teaching Committee.

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