ABOUT NOAM SCHREIBER

My practice focuses on civil, commercial and administrative litigation with specialization on international litigation matters, including cross-border discovery, relief and U.S. and Israeli law expert testimony.

I received my law degree from the Ono Academic College in 2010 and was admitted to the Israeli Bar in 2012. I am admitted to practice in the state of New York and before the United States District Court of the Southern District of New York. I am also admitted to practice before the United States Court of Appeals for the District of Columbia Circuit.

I also hold a degree in International Relations and Islamic Studies from the Hebrew University.

I am first and foremost a father to my five daughters and son. In addition, I love my job, I am an avid bike rider (road), and I enjoy writing about law.

SELECTED CASES

SELECTED FEDERAL CASES

JENNY SCHIEBER V. U.S.A., 22-5068 (D.C. CIR.)
Consolidated appeal challenging the district court's dismissal of five lawsuits of Holocaust survivors who sought compensation under the Agreement between the Government of the United States of America and the Government of the French Republic on Compensation for Certain Victims of Holocaust-Related Deportation from France Who Are Not Covered by French Programs. A copy of the opening brief, filed on September 19, 2022, can be found here.

UNITED STATES OF AMERICA V. LEEDS, 1-22-CV-379 (D. IDAHO)

Represent defendant in a lawsuit commenced by the U.S. government to recover penalties and interest in excess of $3 million for the alleged failure to file so-called FBAR disclosures under the Bank Secrecy Act, 31 U.S.C. Sec. 5314, and Financial Crimes Enforcement Network (FinCEN) Form 114)

L’ASSOCIATION DES AMÉRICAINS ACCIDENTELS, ET AL. V. THE U.S. DEP'T OF STATE, 1:21-CV-2933 (D.D.C.)

This lawsuit involves a challenge to the U.S. government's suspension of voluntary expatriation services. The lawsuit challenges the suspension under the Fifth Amendment of the U.S. constitution and under the Administration Procedure Act. A copy of the complaint is here.

SILVER, ET AL. V. IRS, ET AL., 21-5116 (D.C. Cir.)

An appeal to the United States Court of Appeals of the D.C. Circuit challenging the district court's conclusion that appellants lacked Article III standing under the Regulatory Flexibility Act.

AMBAR, ET AL. V. THE FEDERAL REPUBLIC OF GERMANY, 1:20-CV-3587 (D.D.C.)

Lawsuit under the Foreign Sovereign Immunities Act against the Republic of Germany for its theft of Jewish property during the Holocaust. A copy of the complaint can be found here. Click here for a copy of Germany's motion to dismiss and here for a copy of our opposition. On March 15, 2022, the court denied Germany's motion, concluding that it had jurisdiction over Germany under the expropriation exception to the FSIA. Click here to read the opinion.

L’ASSOCIATION DES AMÉRICAINS ACCIDENTELS, ET AL. V. THE U.S. DEP'T OF STATE, 1:20-CV-3573 (D.D.C.)

I represent a Paris-based non-profit organization and a group of "Accidental Americans" who live outside the United States in a constitutional challenge to the so-called "Renunciation Fee" imposed on any American that wishes to renounce his or her U.S. citizenship. We alleged that the fee violates the Due Process Clause of the Fifth Amendment of the U.S. Constitution, the First Amendment guaranteeing freedom of expression, and the Eighth Amendment precluding excessive fines to punish individuals wishing to sever all connection with the U.S. The complaint also alleges violation of the U.S. Administrative Procedure Act, as well as international law.

SILVER, ET AL. V. IRS, ET AL., 1:20-CV-1544 (D.D.C.)

I serve as co-counsel in an administrative law case against the U.S. Internal Revenue Service and the U.S. Department of Treasury challenging the legality of regulations issued under the 2017 Tax Cut and Jobs Act concerning the so-called GILTI tax.

SILVER, ET AL. V. IRS, ET AL., 1:19-CV-247, 2021 WL 1180081 (D.D.C. Mar. 28, 2021)

I serve as co-counsel in an administrative law case against the U.S. Internal Revenue Service and the U.S. Department of Treasury challenging the legality of regulations issued under the 2017 Tax Cut and Jobs Act concerning the so-called Transition Tax (IRC Section 965).

A final decision was rendered on March 28, 2021 and is currently being appealed.

ADYB ENGINEERED FOR LIFE, INC. V. EDAN ADMINISTRATION SERVICES, LTD., ET AL., 1:19-CV-7800 (S.D.N.Y.)

A breach of contract action involving a series of license agreements for patented technology in which I represent the defendants and counterclaim plaintiffs.

SKYPOINT ADVISORS, LLC V. 3 AMIGOS PRODUCTIONS, LLC, ET AL., 2:18-CV-356 (M.D. FLA.)

A securities fraud claim against the producer of a foreign feature film co-production in which I represent the defendants/counterclaim plaintiffs.

AL-TAMIMI V. ADELSON, 1:16-CV-0445 (D.D.C.)

I serve as defense counsel for a number of Israeli entities in a classic "lawfare" lawsuit.

DEUTSCHE ET AL. V. NEW YORK STATE BOARD OF ELECTIONS, ET AL., 2020 WL 6384064 (S.D.N.Y., OCT. 30, 2020)

On October 26, 2020, I filed a complaint and emergency motion for a preliminary injunction concerning the New York State Board of Elections' application of its voter registration deadline statute. The complaint, filed in the United States District Court for the Southern District of New York, alleged violations of voters' First Amended rights and their rights under the Equal Protection clause of the United States Constitution.

NADIA MATAR V. TRANSPORTATION SECURITY AUTHORITY, 910 F.3D 538 (D.C. CIR. 2018)

An administrative petition under the Administrative Procedure Act and Fifth Amendment concerning the alleged inclusion of the petitioner in the so-called "No-Fly List."

HARROW, ET AL. V. AIRBNB, INC., 3:19-CV-0395 (N.D. CAL. 2019)

I served as co-counsel representing plaintiffs in a lawsuit against Airbnb challenging its decision to remove listings of accommodations owned by Jews in Judea and Samaria (West Bank) on the grounds that it constitutes an “anti-Jewish Discriminatory Policy” that violates both the federal Fair Housing Act and California law. As a result of the lawsuit, Airbnb agreed to reverse its controversial decision to de-list accommodations in Israeli towns and settlements located in Israel administered Judea and Samaria. Under the settlement, Airbnb will allow listings from all such Israeli towns and settlements.

PATH TO RICHES, LLC ON BEHALF OF M.M.T. DIAGNOSTICS (2014), LTD. V. CARDIOLYNC, INC., 290 F. SUPP. 3D 280 (D. DEL. 2018)

A lawsuit under the Defend Trade Secrets Act in which I represented the defendants. The lawsuit was dismissed on "forum non conveniens" grounds.

SNAPCHAT, INC. V. KEYLESS SYSTEMS, LTD., OPPOSITION NO. 91214299, U.S. TRADEMARK TRIAL AND APPEAL BOARD

A trademark dispute between two phone-app companies. I represented the respondent in a opposition to register its trademark. The case ultimately settled in favor the respondent.

SELECTED ISRAELI SUPREME COURT CASES

REPUBLICANS OVERSEAS ISRAEL. V. MINISTRY OF FINANCE, HCJ ACT. 8886/15

In this administrative petition, we challenged the constitutionality of Israel's FATCA law on behalf of Republicans Overseas Israel. FATCA requires Israeli banks to collect personal banking information of U.S. persons and transfer that information automatically to the IRS. On January 2, 2018, the Israeli High Court of Justice issued its precedent-setting 41-page decision. While concluding that the law indeed infringes on the right of privacy, the Court determined that the law passes constitutional muster under Israeli law.

SATAR V. TAUSKY, CIV. APP. 8687/15 (SUP. CT.)

I represented the appellant in an appeal to Israel's highest court, challenging a decision of the lower court dismissing a complaint on "forum non-conveniens" grounds.

MAROM V. COHEN, ET AL., CIV. APP. 2002/15 (SUP. CT.)

An appeal of a decision recognizing a New Jersey money judgment against an Israeli creditor, notwithstanding the creditor's subsequent filing of Chapter 7 bankruptcy proceedings and his discharge of all debts.

STREISAND V. MINISTRY OF INTERIOR, HCJ ACT. 4343/12

In this administration petition, we challenged the decision of Israel's Ministry of Interior decision to deny the petitioner's right to make Aliya to Israel.

SELECTED TRIAL & APPELLATE ISRAEL CASES

POURMORADI V. BANK HAPOALIM, CIV. ACT. 8878-02-20 (JER. DIST. CT.)

This is a lawsuit against a bank seeking a mandatory injunction to provide information regarding bank account activity. The bank has refused to provide the sought-out information on privacy grounds.

DAYAN V. MEUHEDET, ET AL., CIV. ACT. 58336-07-19 (JER. MAG. CT.)

A monetary claim pursuant to Israel’s anti-discrimination and consumer protection laws, based on defendants' alleged policy not provide health services in most of Judea and Samaria.

STARCK V. JCW, INC. ET AL., CIV. ACT. 14819-02-19 (JER. MAG. CT.)

Representation of plaintiff in a cross-border online defamation action.

BETHLEHEM ARAB SOCIETY FOR REHABILITATION V. YUNIS SIYARA, ET AL., CIV. ACT. 1583-10-18 (JER. MAG. CT.)

I represent a foreign (non-Israeli) hospital in its attempt to collect an outstanding debt for hospitalization. The case involves complex legal issues such as forum non-conveniens and cross-border pre-judgment relief. After dismissing the complaint based on forum non conveniens grounds, the hospital filed a lawsuit in Bethlehem. Simultaneously with the filing of the complaint, the Hospital also filed a motion for prejudgment relief in the Israeli court.

PATH TO RICHES, LLC, ET AL. V. CARDIOLYNC, LLC, ET AL., CIV. ACT. 71245-10-18 (JER. DIST. CT.) [2019]

I was engaged as defense counsel to represent a hi-tech start-up and its founders against a complaint filed in an Israel district court. The start-up company and the founders were accused of trade secret misappropriation, breach of contract and breach of fiduciary duties. The claim was dismissed on "lis alibi pendens" grounds.

GRYNBERG V. ISRAEL TAX AUTHORITY, ADMIN. PET. 12395-12-18 (JER. DIST. CT.)

An administration petition under Israel's Freedom of Information Act in which I represented the petitioner. Ultimately, the court denied the petition, finding that the information sought was privileged and private under the applicable statute.

JOHN DOE V. JOHN DOE, CIV. ACT. 4881-01-18 (JER. DIST. CT.)

I represented the applicant in a cross-border pre-judgment relief proceeding in connection with a pending lawsuit in a Eurasian state. The Israeli court initially issued a preliminary lien. However, the foreign (non-Israeli) court ultimately dismissed the claim and the lien was dissolved.

ARIELI, ET AL. V. DOTOMI, INC., ET AL., LAB. APP. 37160-05-18 (NAT. LAB. CT.)

In 2012, several former employees of a start-up company filed a lawsuit in Israel alleging that the company and its founders promised the employees stock. As previously reported, after elongated discovery and a lengthy trial, the court dismissed the plaintiffs' case, adopting our legal argument that promises for stock options must be definitive and detailed, otherwise they are unenforceable. The employees appealed to the National Labor Court, Israel's highest court for labor matters. The court accepted our position and affirmed, thus ending a landmark litigation.

Z.G.C. TRUST COMP. V. BANK DISCOUNT, CIV. ACT. 33393-09-14 (JER. MAG. CT.)

An appeal pursuant to Israel's "Checks Without Coverage Law of 1981." I successfully argued that the bank failed to properly classify certain account activities which resulted in the wrongful determination that the account was subject to certain limitations in accordance with the said law. The bank ultimately settled.

IDAN SYSTEMS, LTD. V. EYAL BONEH, ET AL., CIV. ACT. 40047-12-13 (NAZARETH DIST. CT.)

This case -- in which I represented the defendants -- involved a complaint and a motion for preliminary injunction asserting trade secret misappropriation. The case was successfully settled.

COHEN V. HOMEFLOW TECHNOLOGIES, LTD., CIV. ACT. 12165/08 (TEL-AVIV LAB. CT.)

This case was between employees and the management of an Israeli start-up company. I represented the management. The employees asserted various claims and attempted to "pierce the corporate veil." After trial and post-trial briefs, the court dismissed all the claims

CROSS-BORDER DISCOVERY

IN RE THE APPLICATION OF RSM PRODUCTION CORPORATION, 1:19-CV-0041 (S.D.N.Y 2019)

A cross-border discovery action pursuant to 28 U.S.C. section 1782, seeking discovery in the U.S. in connection with a proceeding pending in Israel.

IN RE APPLICATION OF RSM PRODUCTION CORPORATION V. NOBLE ENERGY, INC., 195 F.SUPP. 3D 899 (S.D. TEX. 2016)

A cross-border discovery action pursuant to 28 U.S.C. section 1782, seeking discovery in the U.S. in connection with a proceeding pending in Israel.

U.S.A. JUDICIAL AUTHORITY V. MIZRACHI, HIKUR DIN 45953-05-20 (JER. MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for the Southern District of New York. In this case, I was appointed by the Israeli court to conduct the deposition under section 16(b) of Israel's Judicial Assistance Between Countries Law, 5758-1998.

U.S.A. JUDICIAL AUTHORITY V. COHEN, HIKUR DIN 45977-05-20 (JER. MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for the Southern District of New York. In this case, I was appointed by the Israeli court to conduct the deposition under section 16(b) of Israel's Judicial Assistance Between Countries Law, 5758-1998.

UNITED STATE'S COURT V. ISRAEL, HIKUR DIN 43547-05-20 (TEL-AVIV MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for the Southern District of New York. In this case, I was appointed by the Israeli court to conduct the deposition under section 16(b) of Israel's Judicial Assistance Between Countries Law, 5758-1998

U.S.A. JUDICIAL AUTHORITY V. JOHN DOE, HIKUR DIN 45049-05-20 (RISHON L'TZION MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for the Southern District of New York. In this case, I was appointed by the Israeli court to conduct the deposition under section 16(b) of Israel's Judicial Assistance Between Countries Law, 5758-1998.

NEW YORK SUPREME COURT V. DIRECTORATE OF COURTS, HIKUR DIN 46834-02-18 (JER. MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the Supreme Court of New York.

IN RE CISCO SYSTEMS, HIKUR DIN 34008-09-13 (TEL AVIV MAG. CT.)

A Hague Evidence Convention proceeding pursuant to a letter of request by the United States District Court for Delaware.

SELECTED EXPERT TESTIMONY (ISRAELI AND AMERICAN LAW)

FD V. JON DOE (DIST. CT., TEL AVIV)

Expert legal opinion in New York State and federal civil procedure

TEDESA V. GOOGLE (DIST. CT., MERKAZ)

Expert legal opinion in California consumer protection law in support of class action petition against Google.

SHRAIBMAN V. SHEBIRO (MAGISTRATE CT., RISHON L'TZION)

Expert legal opinion in New York law in support of money judgment issued by the New York Supreme Court, County of New York

PATH TO RICHES, LLC V. CARDIOLYNC, INC. (U.S. DIST. CT., DEL.)

Expert opinion in Israeli corporate law in support of an opposition to a motion to dismiss.

IN RE JANE DOE (L.A. SUPR. CT., CENT. DIST.)

Expert opinion in Israeli civil procedure and discovery rules in support of a cross-border Hague Evidence application.