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November 2, 2025
A declaratory claim cannot be filed where the monetary damage is known
Dispute Resolution
Due to concerns about the statute of limitations, a claim for declaratory relief was filed against several parties, including a trustee in a loan agreement, to determine that a claim relating to a loan agreement was not subject to statue of limitation, when in the background is a compromise attempt to receive the full amount […]
October 31, 2025
A lessee who ceases rent payments in order to ‘educate’ the lessor may be obligated to evict the property
Real estate in Israel and around the world
Dispute Resolution
Lessees of an apartment contended the existence of severe defects in the property (including a malfunctioning sewage system and flooding) and consequently completely ceased rent payments as a means to “educate” the lessor. The lessor filed an action for possession (eviction). The Court granted the lessor’s claim and held that the lessees, who had the […]
October 23, 2025
Even if business logic justifies exclusivity of a contract this by itself is sufficient to create an exclusive agreement
Commercial, Banking and Financial
Dispute Resolution
A distributor contended that a manufacture interfered with a contract between itself and a third party for the  exclusively distribution of its products, including products manufactured together with the distributor. The Court held that the manufacturer did not commit tortious interference of the contract with the third party.  The prima facia tort of tortious interference […]
October 16, 2025
Publishing pictures or recordings of a sexual nature without consent constitutes sexual assault under the sexual harassment law
Privacy, GDPR, Confidentiality and protection of reputation
Criminal Law
A person who opened groups on social networks and posted sexual content of women and minors without their consent, including identifying information about the identity of the participants in the videos, in exchange for a subscription fee from members of the groups. The Court held that the publication of the sexual content constitutes an infringement […]
October 14, 2025
A global corporation with activity in Israel is expected in the event of a dispute to litigate in Israel even if a jurisdiction and foreign law clause exists
High-Tech and Technology
International Transactions and Disputes and Israeli “Soft Landing”
Dispute Resolution
Israeli customers filed in Israel a motion for a class action against the LinkedIn company, contending that it automatically renews paid subscriptions in violation of the Israeli Consumer Protection Law, despite the fact that  under the LinkedIn terms of use in the event of a dispute, laws of the state of California, U.S.A, shall exclusively […]
October 10, 2025
For checking work discrimination different jobs are not necessarily of equal value, even if the consideration paid for them is equal
Labor Law and Immigration
Dispute Resolution
While orderlies and operating room cleaners (EVS) are paid equally for regular shifts, in shifts marked as “queues shortening shifts” there are significant gaps between the high wages paid to the orderlies (all of whom are men) and the low wages paid to the cleaners (the vast majority of whom are women). The Labor Court […]
October 9, 2025
A claim by the condo association cannot demand compensation for emotional distress
Real estate in Israel and around the world
Dispute Resolution
A condo association of a condominium in Ramat Gan demanded, inter alia, that the contracting company repair construction defects discovered in the condominium systems and compensate the residents for emotional distress. The Court accepted the claim and ordered the contracting company to repair the deficiencies, but compensation for emotional distress was denied because the claimant […]
October 8, 2025
A chain who is aware of an issue to retrieve a business license for a complex is obligated to notify about this the franchisee in advance
Commercial, Banking and Financial
Dispute Resolution
A franchisee paid a franchise fee to operate a coffee shop branch in premises provided to him by the chain.  The franchisee was forced to close the business after being convicted of operating a business without a license.  It was discovered that obtaining a business license for the premises was impossible due to planning restrictions, […]
September 30, 2025
When shares have not been allocated, the damage caused is the value of the shares at the time of the non-allocation, even if the company subsequently collapsed
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
Restaurant owners quarreled with the restaurant’s chef, and as a result, shares promised to him under a share allocation agreement in the company managing the activity were not allocated. The company collapsed, so the chef demanded the salary he would have received for his work if he had agreed to accept shares instead of salary. […]
September 28, 2025
A motion to certify a class action relying solely on a criminal indictment may be summarily dismissed
Competition
Dispute Resolution
A motion to certify a class action was filed against supermarket chains, alleging they were parties to restrictive arrangements intended to harm competition and raise prices.  The motion relied solely on an indictment filed by the Israeli Competition Authority. The Court summarily dismissed the motion to certify the class action.  Summary dismissal of a claim […]
September 25, 2025
A non-Israeli plaintiff with a single asset in Israel with a cautionary note to a third party may be required to deposit a guarantee
Latam – Spain – Israel Activities
Real estate in Israel and around the world
Dispute Resolution
A Honduran citizen filed a lawsuit to cancel the sale of a real estate property he owns, his only asset in Israel, on which an additional cautionary note was recorded in favor of a third party.  The Court granted the motion of the defendants htat the plaintiff deposit a guarantee to secure their costs.  Under […]
September 25, 2025
A unique foreign jurisdiction clause must be clear and unambiguous in a language that would otherwise be invalid
Commercial, Banking and Financial
International Transactions and Disputes and Israeli “Soft Landing”
Dispute Resolution
A non-Israeli manufacturer and an Israeli entity entered into a contractgranting the Israeli entity the right to sell the manufacturer’s products in Israel with a contract clause setting that all legal proceedings will be in the United Kingdom.  After the manufacturer terminated the agreement, the Israeli party filed a suit in Tel Aviv. The Court […]
September 18, 2025
When no brokerage fee has been determined, the amount of the fee shall be determined based on industry standard
Commercial, Banking and Financial
Dispute Resolution
A person provided brokerage services to another as part of a transaction to sell shares, but the parties did not agree on the brokerage commission rate, only that it would not exceed ILS 1 million. The Court held that the broker is entitled to a commission of 1% of the transaction amount.   A right to […]
September 16, 2025
Attribution of serious guilt to an employee strengthens his right to a hearing and the employer must grant the employee sufficient time to prepare for the hearing
Labor Law and Immigration
Dispute Resolution
A hospital employee posted offensive nationalist remarks against the backdrop of Hamas leader Sinwar’s photo.  The day after the posting, the employee was summoned to a hearing scheduled for the same day and half an hour thereafter she was terminated from her job. The Labor Court held that there was a flaw in the fact […]
September 15, 2025
A shareholders agreement in one company does not automatically apply to another company that was established by the shareholders
Business, Corporate and Joint Ventures
Dispute Resolution
Three shareholers in a company operated under a detailed shareholders agreement that included a separation mechanism in case one of them retires.  Later, the shareholders established another company for a separate business activity, but did not sign a new shareholders agreement for it.  When one of them retired from the activity upon reaching retirement age, […]
September 14, 2025
A company shareholders register is ostensibly evidence of its correctness but extra caution is required in familial relationships
Business, Corporate and Joint Ventures
Trusts
Dispute Resolution
A father and son purchased a factory through a company that was established and all of its shares were recorded in the son’s name.  After a dispute arose between the parties, the father sought to amend the registration of shares to reflect his ownership of half of the company, contending that he was involved int […]
September 11, 2025
An agreement between sophisticated parties will not be interpreted contrary to its wording even if this leads to a commercially unreasonable result
Business, Corporate and Joint Ventures
Mergers and Acquisitions
Dispute Resolution
After selling their company, the sellers demanded additional consideration from the purchaser under the sale agreement, on the basis that the sales targets had been met.  However, the agreement clarified that the additional consideration would apply only to sales of the company’s original products, whereas in practice the sales were of new products not included […]
September 10, 2025
Lack of agreement on all the terms of a contract, including the consideration, will not necessarily prevent its perfection
Commercial, Banking and Financial
Dispute Resolution
A subcontractor and the main contractor negotiated and exchanged drafts of an agreement regarding the termination of their engagement and the completion of the subcontractor’s obligations by the main contractor before the completion of the works that were the subject of the current agreement between them.  However, while the formula for calculating the consideration for […]
September 10, 2025
Full name of a person does not need to be included in a publication to constitute defamation and it is sufficient that a reasonable person can identify the subject
Privacy, GDPR, Confidentiality and protection of reputation
Latam – Spain – Israel Activities
Knesset (Israeli Parliament) member Tali Gottlieb published on Facebook against a taxi driver.  In the post, she made accusations and used vulgar swear words, using his first name (but not sir name) and attaching a picture of the back of the taxi, showing the license plate number and the name of the taxi stand. The […]
September 9, 2025
The threshold conditions for recognizing the existence of a “common-law spouse” relationship are family life and a shared household
Notarial Prenups
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A woman sought to be recognized as a common-law spouse of a deceased on the grounds that she and him had lived together as husband and wife for several years until his demise, and thus be recognized as his heir. The Court refused to acknowledge the woman as a common-law spouse.  Common-law spouses are spouses […]
September 9, 2025
A tenders committee’s decision not to award even a single point under a tender criteria of a bidder’s bid may be deemed a reasonable decision
Public Law, Elections Law and Tenders
Dispute Resolution
The tenders committee decided not to award the bidder in the tender a score of a tender criteria for which the score was significant for the purpose of winning the tender.  The bidder in the tender contended that the decision of the tenders committee, de facto, prevented it from winning. The Court rejected the petition […]
September 7, 2025
When the value of the collateral exceeds the loan amount a company is not obligated to report to investors that the loan has not been repaid
Capital Markets and Stock Exchange Regulations
Dispute Resolution
The Israeli Securities Authority contended that a listed company breached its reporting obligation because it did not report to the public a breach of a loan agreement to a third party, where interest on the loan was not paid and it also did not repay another small loan given to it.  However, the agreement included […]
September 4, 2025
Shareholders who were unaware of a liability assumed by the company will not be held liable for its debts
Business, Corporate and Joint Ventures
Dispute Resolution
Lenders provided a loan to a company that was managed exclusively by the shareholders’ cousin, who held a minority stake in the company and served as its sole director until his passing.  Following his death, the company, which was left with debts, did not repay the loan to the lenders.  Therefore, the lenders sought to […]
September 2, 2025
A bank’s refusal to provide services due to international sanctions regime is deemed a reasonable refusal even in the absence of regulatory guidance
Commercial, Banking and Financial
Dispute Resolution
A bank refused its customer’s request to transfer funds from his Russian VTB bank account to his account in Israel, due to international sanctions imposed on the foreign bank and despite the fact that no directive was given on the matter by Israeli regulator. The Court held that this was not an unreasonable refusal as […]
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