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March 9, 2025
Cancellation of a gift of real estate that has been completed by recording is not possible
Real Estate
Wills and Estates
Dispute Resolution
An estate administrator claimed to return to the Estate Fund a real estate property of deceased that was given as a gift during her lifetime, claiming that she never agreed to give the apartment as a gift to the defendants and that the entire gift agreement was fraudulent and was made contrary to the deceased’s […]
March 4, 2025
A manager who provides promises and stories without coverage may bear personal liability and pay damages to customers
Business, Corporate and Joint Ventures
Dispute Resolution
A customer ordered from a company a unique custom-made pergola manufactured abroad. Despite repeated promises by the company manager for a year and four months, the pergola did not reach Israel, and the manager was demanded to repay the advance payment and personally pay damages. The Court accepted the claim and held that the manager’s […]
March 3, 2025
One who acts to promote self-interest is not entitled to restitution from others who benefited from this
Commercial, Banking and Financial
Dispute Resolution
An energy engineering expert who assisted a company in preparing an application for a grant by an international fund for the implementation and development of a project, out of an interest in working on the project, demanded to receive about 80% of the funds received from the fund as part of the project. The Court […]
February 27, 2025
An idea by itself is not protected by copyright law, only its expression is protected
Copyright, Trademarks Media and Artists
Dispute Resolution
A lecturer claimed that parts of her research paper were copied as part of an academic article published by a doctoral student, contending that there is an identity between the subject of the article and the subject of her research work, including findings and conclusions presented as if they were the findings of the doctoral […]
February 27, 2025
Investment in a company based on draft audited financial reports and without full due diligence removes liability for the representations
Mergers and Acquisitions
Dispute Resolution
An investor invested in a company based on draft financial statements prepared by an accounting firm. After the company collapsed and was declared insolvent, the investor claimed that the accounting firm was negligent in preparing the financial statements and is responsible for the damage caused to it. The Court held that the accounting firm was […]
February 26, 2025
A provision in a prenuptial agreement relating to the manner of dividing the estate of a party to the agreement is null and void
Wills and Estates
Dispute Resolution
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A couple signed a prenuptial agreement according to which if the man passes during the course of their life together and before he has managed to purchase an apartment for investment, his widow will be entitled to inherit his full rights in the apartment he owned prior to the marriage and which was defined in […]
February 19, 2025
An internet platform has an obligation to remove a publication only when it is undoubtedly false
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A rabbi known as a missionary contended that Google and Meta (Facebook) posted defamatory posts and videos against him on various social networks affiliated with them, and refused to remove them despite his demand. The Court rejected the claim and held that Google and Meta’s conduct does not amount to defamation. Defamation is something that […]
February 17, 2025
Under certain circumstances shareholders holding less than 5% of a public company may be entitled to review proxies
Business, Corporate and Joint Ventures
Dispute Resolution
Shareholders in a public company whose holdings are less than 5% sought to review the proxies for the company’s general meeting, at which a management agreement with the company’s controlling shareholder was approved after the Israeli Securities Authority contended that it was not duly approved. The Court accepted the claim and allowed review of the […]
February 16, 2025
Even if circumstance rendered a publication non-defamatory when made, republication thereof may be deemed defamation
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
Knesset (Israeli Parliament) member Tali Gottlieb published on Meta (Facebook) a post about a taxi driver who drove her and her daughter in which she insulted the taxi driver and contended that he treated her and her autistic daughter with disdain. Following this post, another post was written about the taxi driver on the same […]
February 13, 2025
A person convicted of using inside information may be sentenced to imprisonment if such punishment is imposed on the insider
Capital Markets and Stock Exchange Regulations
Dispute Resolution
A woman with no experience in the capital market who was in financial distress was convicted of using inside information she received from a person with whom she was in contact and who urged her to use the information. The use of the inside information was made numerous times by making active investments that yielded […]
February 13, 2025
A person convicted of using inside information may be sentenced to imprisonment if such punishment is imposed on the insider
Capital Markets and Stock Exchange Regulations
Dispute Resolution
A woman with no experience in the capital market who was in financial distress was convicted of using inside information she received from a person with whom she was in contact and who urged her to use the information. The use of the inside information was made numerous times by making active investments that yielded […]
February 11, 2025
Collection proceedings may be opened based on an electronically signed promissory note authenticated by an approved issuer
High-Tech and Technology
Dispute Resolution
It was sought to open enforcement proceedings for a promissory note that was executed by manner of electronic signature. The Court held that collection proceedings can be opened for an electronically signed promissory noteA certified electronic signature is a secure signature for which an approved issuer issues a certified electronic certificate regarding the means of […]
February 7, 2025
The existence of another proper forum is not enough, and the contender of inappropriate forum must demonstrate that the foreign forum is clearly more suitable
International Transactions and Dispute Resolution
Dispute Resolution
An Israeli entrepreneur and an entrepreneur resident in the United States entered into an agreement to establish a venture to import devices from China and sell them in the United States, and even established a company in the United States for this purpose and rented offices there. When disputes arose between the parties, the U.S. […]
February 5, 2025
A contract entered into due to fraud or unconscionability may be annulled even if approved by the Court
Domestic Relations
Commercial, Banking and Financial
Dispute Resolution
A husband sought to enforce a “marital reconciliation or divorce agreement” that had been executed and confirmed by the Court but the wife contended that the agreement was coerced upon her and that upon execution data on the extent of the assets was hidden from her. The Court accepted the motion and annulled the contract […]
February 4, 2025
Dismissal of an employee who served in the reserves will be possible only if there is no connection between the dismissal and the army service and special reasons
Labor Law and Immigration
Dispute Resolution
A company sought to dismiss a CEO who had served more than 200 days in the reserves and applied to approve his dismissal before the Employment Committee. After the committee approved his dismissal, the CEO claimed that there were flaws in the committee’s decision and that the approval given to his dismissal should be revoked. […]
February 2, 2025
Misleading reporting is not grounds for awarding damages and a causal connection to the damage caused at the time must be shown
Business, Corporate and Joint Ventures
Dispute Resolution
A public company engaged in oil drilling reported to the stock exchange the discovery of oil marks, but omitted from the report information relevant to the economics of the production, even though it had it and which it is obligated to publish under the Securities Law. The Court rejected the plaintiff’s contention due to the […]
January 31, 2025
Demanding a woman to dress in a modest manner as a condition for granting her services amounts to sexual harassment and prohibited discrimination
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A company that was engaged in providing evacuation services to a hotel for coronavirus patients during the pandemic on behalf of the State refused to evacuate an ill woman on the grounds that her clothing was not sufficiently modest. The Court accepted the woman’s claim for sexual harassment and prohibited discrimination. Israeli law stipulates that […]
January 30, 2025
Failure to repair defects in a leased property within a reasonable time may justify termination of the lease agreement
Real Estate
Dispute Resolution
A lessee announced the termination of the lease agreement after the lessor breached its obligations to repair defects in the leased property. The Court accepted the claim and held that the agreement was duly terminated and that the lessee is to be compensated. When agreement is materially breached the harmed party may terminate it, while […]
January 28, 2025
A decision to disqualify a bidder in a tender due to a concern of a conflict of interest without a prior discussion of alternatives to neutralize the concern will be canceled
Public Law, Environment and Tenders
Dispute Resolution
The tenders committee disqualified a bidder due to a concern of a conflict of interest, without discussing the possible alternatives for neutralizing the alleged conflict of interest. The Court for Administrative Affairs accepted the bidder’s petition and ordered the cancellation of the tenders committee decision and the reversion of the hearing to the tenders committee […]
January 23, 2025
A debt created as a result of an act of fraud against one of the spouses will not be excluded from the community property presumption
Business, Corporate and Joint Ventures
Domestic Relations
Dispute Resolution
A person fell into debt due to an act of fraud and as a result he and his spouse were required to sell their joint home. The Court rejected the spouse’s contention and held that the “community property presumption” applies to this debt. Spouses’ assets are governed by the “community property presumption”, which is based […]
January 22, 2025
Restricting a partner from moving the Court to dissolve the partnership requires express consent or intention to do so
Business, Corporate and Joint Ventures
Dispute Resolution
25 of the 69 limited partners in an Israeli limited partnership that holds a string of rights in an income-producing property in Germany demanded the general partner to dissolve the partnership.  The limited partner objected, contending that the partnership agreement contains a closed list of cases in which the partnership may be dissolved. The Court […]
January 21, 2025
Where one of a married couple dies without a will the other will inherit his share of the estate regardless of the nature of their relationship.
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A married couple signed a separation agreement that stated that each had no financial claims against the other, but despite this they remained married and did not officially divorce.  The husband passed without leaving a will. The Court accepted the motion of the wife to inherit her past-spouse due to the existence of a marital […]
January 14, 2025
Restriction on the freedom of occupation in a lease agreement is in contradiction of public policy
Labor Law and Immigration
Real Estate
Dispute Resolution
A former bakery worker entered into lease agreements with the bakery owners, in which he undertook not to sell baked goods made by him in the local council and its environs for an extended period of time after the end of the lease. The Court accepted the motion and held that the tenant may sell […]
January 13, 2025
Yards in a house that is not recorded as a condominium may not be divided
Real Estate
Dispute Resolution
An agreement regarding the sharing of a land that was not recorded as a condominium was executed between parties   One of the parties contended that the yards on the land should also be divided equally between them. The Court held that the yards must remain a shared property.  Israeli law stipulates that in a house […]
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