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August 26, 2021
Without permission, one can not claim fair use when credit to the rights owner was never granted
Copyright, Media and Artists
A radio station used in its Twitter account a picture took by a photographer who transferred the copyrights there in to a company. The Court granted the claim and held that the rights in the image belong to the company and the use made of the image constitutes an infringement of its copyright. While the […]
August 25, 2021
An employee who has breached a fiduciary duty shall be required to return the profit from the breach to his employer even if no damage has been caused
Business, Corporate and Joint Ventures
A State employee transferred, against bribe, to quarries operator data on planned inspections. The Supreme Court held that the employee is to pay its employer – the State – the bribe money. Israeli law recognizes that under certain circumstance a person is in a fiduciary of another. This is the case in the relationship between […]
August 18, 2021
Tax losses are not transferable by acquiring a company with losses in another area or by inheritance
Taxation and Government Incentives and Funding
A business owner dies with a capital losses carried from previous years that have not been offset in the amount of about ILS 46 million and carried losses from a business or occupation that have not been offset of about an additional ILS 2 million. One of the heirs, who inherited a third of the […]
August 17, 2021
An employee may be entitled to sales commissions even after for payments received by the employer after termination of employment
Labor Law and Immigration
An insurance agent whose employment ended demanded payment for insurance policies sold by him even after his employment was terminated. The Labor Court held that the employee has the right to receive commissions. An employee may be entitled to commissions after the termination of his employment for work performed in full before the termination, and […]
August 9, 2021
Negotiating with a bidder as a pre-condition to its winning is illegal and violates the principle of equality between the bidders
Public Law, Environment and Tenders
A tenders committee recommended to negotiate with one of the bidders, before being officially selected as the winner of the tender, as a pre-condition of its selection as a winner of the tender. By this it sought to add a waiver of debts of the authority to the bidder as a pre-condition for the win. […]
August 9, 2021
A controlling shareholder of a company which ceased operations may be charged with its city tax debts
Business, Corporate and Joint Ventures
The Jerusalem Municipality sought to obligate the controlling shareholder of Globus Group with the city tax debt of the company because the company ceased operations one year prior to the crystallization of the debt. The Court accepted the motion and held that the controlling shareholder should be charged with the company city tax debt. Piercing […]
August 8, 2021
An agreement signed as a result of a mutual mistake may still be enforceable
Real Estate
Prior to jointly purchasing a building, a tenancy in common agreement was signed, under which one of the parties was granted building rights on the roof and the other was granted building rights in the storage floor. Later it was discovered that the zoning rules do not enable building concurrently on the roof and the […]
August 2, 2021
A minor may be vaccinated against Covid-19 even if one of the parents opposes
Parentage, Surrogacy and Adoption
Parents were divided on whether to vaccinate their minor children against the Covid-19, while one minor wished to be vaccinated but the other opposed. The Court held that only the minor who agreed to receive the vaccine should be vaccinated, despite the controversy between his parents. The Law stipulates that along with the duty of […]
July 31, 2021
In case of a senior employee who is not weakened or in need of protection an employment agreement is reviewed under the circumstances and business essence
Labor Law and Immigration
A banker who worked independently in the field of private banking began discussions with a Swiss bank which sought to open a branch in Israel. After discussions, a customer referral agreement was first signed, followed by a consulting agreement in which the parties agreed to enter into a full employment agreement in the future, which […]
July 29, 2021
A corporation is also entitled to statutory damages in defamation
Business, Corporate and Joint Ventures
A competing company of Magen David Adom – a statutory corporation for emergency services in Israel, published messages in WhatsApp groups and also launched a campaign in which it accused Magen David Adom of killing people by its actions. The court accepted the defamation lawsuit filed by Magen David Adom. Defamation is something that, objectively, […]
July 27, 2021
Enforcement and collection proceedings against a person who is not the debtor constitutes defamation
Commercial, Banking and Financial
Due to a typo, enforcement procedure was opened against a person who is not the real debtor and collection proceedings were taken against him which caused emotional distress and damage to his reputation. The Court accepted the claim and held that the opening of the enforcement procedure and the collection proceedings against a person who […]
July 20, 2021
Marking a draft as requiring a signature to be valid prevents deeming it a binding
Real Estate
A potential purchaser of an apartment demanded that the sellers sell him the apartment even though the agreement was not actually signed after the sellers withdraw from the transaction in the last moment due to tax considerations. The Court dismissed the claim and held that the purchase agreement could not be enforced without the parties’ […]
July 20, 2021
A letter of complaint sent to irrelevant recipients may be deed defamation
Commercial, Banking and Financial
A lawyer wrote a letter to the mayor and many other recipients in which he accused the city’s legal counsel of corrupt conduct. The Court accepted the claim and held that it was a defamation. Defamation entitles to statutory damages and if the publication was intentional, even double the damages, all if not defense under […]
July 18, 2021
When an option agreement requires execution of an agreement which was not reached it may sometimes still be enforced
Real Estate
A landowner and a purchaser signed an option agreement to purchase the land, which stipulated that a full agreement will be signed. After the negotiation for a full agreement failed, the landowner sought to rescind the option agreement while the purchaser sought to enforce it as a binding agreement. The Supreme Court held that the […]
July 12, 2021
It is not possible to summon an employee to a pre-dismissal hearing but concurrently announce his dismissal
Labor Law and Immigration
An employee received a letter summoning him to a hearing but also states that the dismissal will take effect within 14 days. The Regional Labor Court accepted the employee’s claim and held that the employee was dismissed without a proper hearing and is entitled to compensation. The employee’s right to be heard before dismissal is […]
July 12, 2021
A shareholders agreement obligates its party and not third parties
Business, Corporate and Joint Ventures
The founders of the Ethniks band, led by Ze’ev Nechama, established a company through which the band’s activities were carried out and signed a shareholders agreement that would regulate the band’s activities and their rights and obligations, as well as the management of future income from the band’s activities. After one of the band members […]
July 12, 2021
When a public company is on the “maintenance list” there is a duty of care of officers towards the minority shareholders
Capital Markets and Stock Exchange Regulations
The Tel Aviv Stock Exchange transferred a company to the “maintenance list” after it did not meet the stock exchange’s bylaws for minimum public holdings, but returned it to the main list due to the actions of the company’s managers to increase public holdings. The company took actions to purchase shares from the public, followed […]
July 8, 2021
Non-delivery of information and documents to a shareholder is not deemed oppression of the minority
Business, Corporate and Joint Ventures
A shareholder and a former director of a company, who resigned over a decade ago, contended to be oppressed by the other shareholders because he was denied company financial information as well as participation in the company decisions. The Court held that once the shareholder ceased to be a director of the company, he is […]
July 6, 2021
A tenders committee may disqualify a bidder due to criminal suspicion even if the criminal case was suppressed
Public Law, Environment and Tenders
The Ministry of Health’s Tenders Committee held that a bidder would be able to participate in future tenders unless subject to individual examination, following the presentation of an unauthentic document, and even though the criminal case was suppressed without filing an indictment against the bidder. The Court held that the tenders committee may condition the […]
July 6, 2021
The duty to update the details of shareholders is on the shareholders and not the company
Business, Corporate and Joint Ventures
The Companies Registrar refused to allow a company to file an annual report and classified it as an infringing company due to an incorrect ID number of a shareholder who was registered with the company since 1960 and holds a deferred share and because a corporation liquidated in 1978 holds another 100 deferred shares and […]
July 5, 2021
One can not grant or limit rights in intellectual property which were not expressly granted or limited in the agreement.
Copyright, Media and Artists
A company was established under a founders agreement which granted it the right to use a certain brand by one of the founders. After the founder sold his holdings he began making parallel use of the brand. The Court denied the motion and held that the founder was entitled to continue using the brand. When […]
July 2, 2021
A company debt cannot be attributed to a shareholder merely because he granted a private property to the company
Real Estate
A shareholder in a private company allowed it to manage a property owned by him and collect the rent. The company, which was run by his son, misled ceased operations and the property was sold. The Court held, there is no ground for obligating the shareholder for the debt of the company to the lessees. […]
June 30, 2021
Waivers which signature upon was required as a condition for receiving partial compensation due to the contractor’s delay in handing over an apartment are not valid
Real Estate
A contractor was late in tendering possession of apartments and conditioned the payment of partial compensation to the purchasers and the delivery of the apartment on signing a waiver in which the purchasers confirmed that they have no more claims against the contractor in connection with the delay. The Court held that the waivers are […]
June 16, 2021
Failure to perform actions not included in the agreement may still be considered breach if required in order to perform the agreement in good faith
Real Estate
Sellers sought to terminate a land sale agreement, contending that the purchaser breached the agreement as she did not make the final payment, even though they refused to give the purchaser a power of attorney so that she would be able to handle the land betterment tax. The Court held that the sellers are the […]
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