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November 17, 2020
An organ of a company that intentionally damages legal proceedings will be personally liable for compensation to the harmed party
Business, Corporate and Joint Ventures
A person lent money to a company as part of a business venture related to a commercial center and against its obligation to repay the funds with a return on the investment and against a lien on the property. When the company went bankrupt, the creditor tried to realize the lien, but the company fought […]
November 12, 2020
Sale of asset on the 15th day of publication of a bettering zoning plan is not subject to land betterment levy on such plan
Taxation and Government Incentives and Funding
An apartment seller in Tel Aviv was required to pay a land betterment levy in the amount of approximately ILS 400,000 as a result of the approval of the Tel Aviv Quarter 3 plan. The Land Betterment Levy Appeals Committee accepted the appeal and held that at the time of the transaction the plan had […]
November 10, 2020
Use in bad faith of a board member’s veto right may result in a denial of such right
Dispute Resolution
במסגרת הסכם השקעה בחברה, נקבע כי למנכ”ל תהיה זכות וטו בנוגע להחלטות הנוגעות להעסקה ולפיטורין של חברי הנהלה, אך זאת בכפוף להיוועצות בתום לב עם שאר חברי הדירקטוריון. על רקע סכסוך שנגע לתפקודו של המנכ”ל, דירקטוריון החברה מינה ועדת איתור לצורך מציאת מנכ”ל חדש, עליה ביקש המנכ”ל הנוכחי להטיל וטו. בית המשפט קבע, כי השימוש […]
November 10, 2020
Unlawful use of a business trademark may establish entitlement to business accounts
Commercial, Banking and Financial
Two business partners in a business for the production and sale of food products and especially Hummus have separated and each set up his own business. During the joint activity a trademark was registered in the name of one of them and he also continued to use the business name after the separation. The other […]
November 5, 2020
A claimant company in liquidation is required to deposit a guarantee to secure expenses of defendant
Business, Corporate and Joint Ventures
Office Depot (Israel) Ltd.’s liquidators filed a claim in the amount of ILS 50 million against some of the company’s officers. The Court held that the company must deposit an ILS 200,000 guarantee, because the fact that a company is in liquidation has an effect on the amount of the guarantee, rather on the need […]
October 31, 2020
In order to prevent deceptive similarity between two competing marks it is enough to limit the similar mark in a manner which will prevent such deception
Commercial, Banking and Financial
The owner of a registered trademark requested the deletion of a competing mark, due to the such bearing a close resemblance to the existing mark, amounting to the marks being deceptively similar. The Trademarks Registrar held that the competing mark was indeed deceptively similar. However, instead of ordering the mark erased, the Registrar ordered that […]
October 27, 2020
When the agreement determines ownership of the rights in the event of termination it should be honored and remedies should be limited to financial compensation
Two companies entered into agreements for the development and distribution of a product, in which it was determined that one company will finance and the other develop and all rights in the developed product will be owned by the developing company. After the agreements were terminated, the funding company sought to register a patent. The […]
October 22, 2020
Creation of a partnership does not require a written contract but in its absence it is required to show agreement and behavior as partners
Maritime, Aviation and Transportation Law
A Greek shipping company leased a ship to a Turkish company with a crew to operate a regular shipping line between the ports of İskenderun (Turkey), Haifa (Israel) and Port Saíd (Egypt). Among other things, the Turkish company transported trucks loaded with goods to the port of Haifa, from which they crossed by land to […]
October 19, 2020
The existence of an Israeli trademark does not prohibit parallel import of the product
Commercial, Banking and Financial
An importer acquired in the Ukraine Schweppes soft drinks and imported such to Israel in while such drinks are produced and sold in Israel by an Israeli company which also holds the trademark for the brand in Israel. The Court held that the existence of an Israeli trademark does not prevent an importer from locally […]
October 15, 2020
A technical defect in a guarantee can be remedied even if its wording does not match the wording of the tender’s guarantee which was attached to the tender documents
Public Law, Environment and Tenders
The Ministry of Education tender committee disqualified a bid due to a defect in the guarantee as its wording did not match the wording of the guarantee that was attached to the tender documents. The Court accepted the petition and held that the defect in the guarantee is technical and does not justify the disqualification […]
October 14, 2020
An employee may provide service to customers who contacted him after termination of employment
Labor Law and Immigration
A company that provides business insurance consulting services demanded that its former employees are banned from any business relationship with its customers. The Labor Court dismissed the claim and held that the employees did not breach the contractual undertaking of non-compete in their employment agreement and that their freedom of occupation shall not be restricted. […]
October 14, 2020
Absent a legitimate interest employees’ freedom of occupation cannot be limited by a non-compete clauses
Labor Law and Immigration
Several employees in a consulting company, resigned and established a competing business. At the same time, several clients chose to transfer their business to the competing business in contradiction to the non-compete clauses in the employment agreements. The Labor Court held that there is no legitimate interest justifying limitations on the employee’s freedom of occupation […]
October 13, 2020
When a shareholders loan is granted without setting its terms it should checked whether it is an investment and not a loan
Business, Corporate and Joint Ventures
An investor purchased shares in the company in exchange for a shareholder loan to the company. He later demanded repayment of the loan. The Court held that the shareholders loan is in fact an investment in the company that for tax purposes has been defined as a shareholders loan and therefore the investor does not […]
October 13, 2020
The enhanced data disclosure duty of a franchisor may not arise when the franchisee checked the property aforehand
Real Estate
A franchisee and a franchisor entered into an agreement for the operation of a café a yet to be built commercial center. Prior to the execution of the agreement the franchisee checked the asset but when two years lapsed and the construction of the commercial center has not yet been completed, the franchisee demanded the […]
October 12, 2020
A middleman is not entitled to a commission in a real estate transaction in lack of a brokerage agreement or a realtor license
Real Estate
Middlemen assisted a company in acquiring rights in real estate and demanded payment against it even though at the time they did not hold a valid real estate brokerage license and there was no written brokerage agreement. The Court held that the middlemen are not entitled to brokerage fees. A person contending entitlement to a […]
October 11, 2020
Circumventing labor laws and even issuing fictitious pay slips are not by themselves grounds for piercing the corporate veil
Labor Law and Immigration
An employee was employed by a company for over 17 year. After his demise, his heirs discovered that during the entire term of his employment, no deposits were made to a pension fund and demanded payment form the company and its shareholder. The Labor Court held that the employee has a responsibility to ensure his […]
October 10, 2020
Cancellation of a tender after the stage of opening the bids and selecting a winner will be approved only in exceptional circumstances
Public Law, Environment and Tenders
The Israel Electric Corporation (IEC) canceled a tender after the bids were open and a winner was selected and approached all bidders to submit new bids in a competitive procedure. The Court accepted the petition and held that canceling a tender at this stage is an extreme and unreasonable step. Cancellation of a tender and […]
October 10, 2020
A liquidator has the right to receive documents from a bank even if the company did not have such right
Business, Corporate and Joint Ventures
The foreign liquidators of a number of Australian companies requested Discount Bank of Israel, in which some of the companies’ accounts were managed, to provide them with data regarding the companies. The bank refused and contended that the companies were not entitled to receive it because they had ceased to be customers of the bank […]
October 8, 2020
A beneficiary of a trust may not terminate the trust as to itself or at all
Intergenerational Transfer (Trusts, Estates and Lasting Powers of Attorney)
Shares in a real-estate holding company were purchased in trust for four family members, who were also the settlors of the trust, all without a trust deed that would determine the terms of the trust. Five years later, one of the beneficiaries of the trust notified the trustee of the termination of the trust in […]
October 7, 2020
Articles of Association must be construed according to their language and one can not read into them understanding that do not appear therein
Business, Corporate and Joint Ventures
Upon incorporation of a company the founders received the right, in the company’s Articles of Association, to appoint, each one, a director on his behalf. Afterwards, and after the company’s Articles of Association were amended several times, one of the founders passed away and his shares were transferred to his heir. The heir sought to […]
October 6, 2020
A shareholder in a company who is the living spirit of a company which illegally employs an employee may be held personally liable for the company debts
Business, Corporate and Joint Ventures
An employee was employed in a restaurant through a manpower agency. The company was liquidated and the employee was terminated with immediate effect. The Labor Court held that the shareholder is personally liable for the employee’s unpaid social benefits. When the company’s conduct and decisions taken by it indicate that the shareholder himself does not […]
September 16, 2020
A duty of effort by a governmental authority is an enhanced duty, breach of which entitles to compensation
Public Law, Environment and Tenders
Landowners reached an agreement with the Israeli Land Authority according to which their lands will be transferred to the State, in exchange of a possibility for receipt of other lands of the same type and quality. The landowners transferred ownership of their lands to the State, but the exchange never took place. The Supreme Court […]
September 13, 2020
A tender in which its evaluation criteria were first set when the bids were already revealed is an invalid tender
Public Law, Environment and Tenders
A local council published a tender for the operation of community care and rehabilitation frameworks for people with disabilities and only after opening the envelopes of the bidders was it decided for the first time to set new evaluation criteria for determining the score of each bid while deviating from the original terms of the […]
September 12, 2020
Engagement of an employer with a single shareholder company held by an employee does not by itself prevent employer-employee relationship
Business, Corporate and Joint Ventures
An employee of a financing company founded a company that deals with project financing and supplied services to the employer and then resigned. The employer contended, inter alia, that the employee is not entitle to receive commissions for an unfinished project due to his resignation. The Court dismissed the employer’s claims in full and held […]
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