Israeli Forum OK

OSR Enterprises AG v. REE Automotive, Ltd. affirmed the district court’s conclusion, in a forum non conveniens analysis, that Israel is an adequate alternative forum for a trade-secret dispute:

• Extraterritorial injunctive relief: Faced with competing expert declarations about whether Israeli courts would issue extraterritorial injunctions for trade-secret misappropriation, the Fifth Circuit concluded the evidence did not show Israel would leave the plaintiff with “no remedy at all.” The plaintiff’s showing of what is “very likely” under Israeli law, disputed by the defense expert, was insufficient to rebut adequacy.
• Availability of unfair competition relief: Even assuming some uncertainty about Israel’s Commercial Torts Law, the Court held that adequacy does not require identical causes of action or relief. Because Israeli law recognizes trade secret misappropriation and would provide some remedy, Israel remained adequate even if certain claims might be limited.
• Self-incrimination privilege and access to evidence: The Court also rejected the argument that Israeli witnesses’ potential invocation of a self‑incrimination privilege undermines adequacy, noting that adequacy typically turns on whether remedies are clearly unsatisfactory, rather than evidentiary privileges. The Court also noted that key third-party witnesses are in Israel and would likely be beyond the compulsory process of a U.S. court, undercutting claims that American proceedings would materially improve access.

No. 24-50779; Oct. 10, 2025.