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November 12, 2024
The board of directors may dismiss the CEO even if he sought to resign aforehand
Business, Corporate and Joint Ventures
Dispute Resolution
A CEO submitted a letter of resignation to the board of directors or, alternatively, conditioned the continuing of his position in certain terms. Upon receiving the letter the board decided to dismiss him. The Court held that the dismissal was lawful. The board of directors has the authority, by law and under the bylaws, to […]
November 11, 2024
Waiver of rights by an employee requires execution in a language he understands and after understanding his rights.
Labor Law and Immigration
Dispute Resolution
A non-Israeli caretaker contended that he is entitled to various payments from his employer’s successors even though he received compensation after he signed waiver in a language understood to him, which was drafted by an employees organization which made sure that he received his full rights. The Court rejected the claim due to the signed […]
November 11, 2024
A tender which threshold terms do not enable submitting a non-deficit bids without jeopardizing employee rights shall be cancelled
Public Law, Environment and Tenders
Dispute Resolution
in the threshold terms for a tender to operate a youth hostel for at-risk youth did not enable to submit non-deficit bids without jeopardizing employees’ rights. The Court held that the tender must be amended by changing the threshold terms. The tenders committee has an almost absolute mandate regarding determining the terms of the tender […]
November 7, 2024
A training period can indicate that business information is a trade secret which cannot be easily disclosed
Commercial, Banking and Financial
Dispute Resolution
A chain of stores and stands for the sale of tea drinks contracted with a company that operates stands for the sale of drinks and they formed a partnership to set up a stand in the mall. After the parties got into a dispute, an agreement was signed to dissolve the partnership, which the chain […]
November 3, 2024
Parties may agree that withdrawing from negotiations at any time and even conducting negotiations in parallel is permissible
Commercial, Banking and Financial
Real Estate
Dispute Resolution
Potential buyers of a property were shocked when shortly after the successful completion of the prolong negotiations between the parties, the sellers informed them of their withdrawal from the negotiations and immediately thereafter sold the property to a third party which they have negotiated with while negotiating with the potential buyers. As a justification for […]
October 31, 2024
The right of first refusal in a real estate joint tenancy agreement will remain in effect even after the expiration of five years from the signing thereof
Real Estate
Dispute Resolution
A co-owner in a real estate property, after 17 years put his right in the property for sale to a third party, even though in the partnership agreement the other co-owners were granted a right of first refusal. The Supreme Court held that the right of first refusal, being a proprietary right, does not expire […]
October 30, 2024
In the absence of informed consent and mutual benefit, an employee’s consent to shorten the statute of limitation period will not be enforced
Labor Law and Immigration
Dispute Resolution
An employment contract limited an employee’s right to file claims against the employer for a period of 6 months. The National Labor Court held that an agreement to shorten the limitation period without any real benefit to the employee is against public policy and is therefore void. Israeli law allows the parties to agree between […]
October 28, 2024
The Tel Aviv municipality may renovate a building and then demand payment from land owners
Public Law, Environment and Tenders
Dispute Resolution
Real Estate
The Tel Aviv municipality required apartment owners in a building to renovate the building in which the apartments they own are located, and inter alia required the unification of the shape of the windows on the building’s facade, contending that the apartment owners had changed them in breach of the permit. The Court held that […]
October 28, 2024
Deviation from the remuneration policy will be made according to the role the corporate officer actually performed and not his formal definition
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
A public company entered into an employment agreement with an employee for the position of CEO. When in practice he was tasked with performing the duties of the previous CEO, president, and chairman of the company, while the compensation he was offered exceeded the maximum compensation set forth in the company’s remuneration policy but was […]
October 27, 2024
An assignment of right can be limited when the identity of the debtor is important or when the assignment may materially harm the other party
Commercial, Banking and Financial
Dispute Resolution
The owner of an insurance company and an insurance agent entered into an agreement to use the agent’s number for the purpose of selling insurance policies and handling customers while dividing the profits between them. After the owner assigned his rights under to the agreement the insurance agent stopped sharing in the profits arising from […]
October 21, 2024
A lessee who continues to live in a rented property despite ‘defects’ and does not act to reduce its damage may lose its right to damages
Real Estate
Dispute Resolution
A lessee who vacated the apartment two and a half months after the rental period had already ended moved the Cout to reduce 20% of the rent due to an ‘insect attack’ that prevented him from making reasonable use of the apartment. The Court rejected the lessee’s claim and ordered him to pay the lessor […]
October 21, 2024
A real estate transaction based on false recording will not be voided if the purchaser acted in good faith
Real Estate
Dispute Resolution
Wills and Estates
Successors who sought to record the land they inherited in the Land Registry discovered that their land had been sold by someone other than the real owner on the basis of a forged will. The Court partly accepted the claim, due to non-compliance with the Isreal Land Registry Regulations and due to the principal of […]
October 20, 2024
The prohibition on being in a state of conflict of interest will also apply to an external consultant who lacks operative authority
Public Law, Environment and Tenders
Dispute Resolution
An attorney served as an external consultant to a local authority in a tender, provided, at the same time, services to one of the bidders in the tender. The Supreme Court held that the external consultant is in a state of conflict of interest. The conflict of interest rules extend not only over an action […]
October 10, 2024
An unclear foreign jurisdiction clause in a contract or ambiguous language thereof will lead to its annulment
Commercial, Banking and Financial
International Transactions and Dispute Resolution
Dispute Resolution
An Israeli company, insured by a foreign insurance company filed a claim in Israel against the insurer for breach of the insurance contract, despite a foreign jurisdiction clause included in the insurance policy. The Court rejected the insurer’s contention and held that as the implementation of foreign jurisdiction clause necessitates an interpretative process – it […]
October 10, 2024
A negative publication that may be related to a specific person even if his name does not appear therein may be deemed defamation
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A publication accompanied by photos in a community settlement’s WhatsApp group accused one of the residents of using public water and electricity resources to wash his private car without any permission. The publication did not mention the name of the person. The Court accepted the claim and deemed the publication defamation. Israeli law defines defamation […]
October 8, 2024
A representation presented in the pre-contractual stage may bind the party who presented it even if it was not included in the final contract
Mergers and Acquisitions
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder sought to separate from the other shareholders by means of a forced sale of his shares due to his oppression by the other shareholders. The shareholder contended that the value of his shares should be calculated according to the method of a multiplier on the monthly turnover, because this is the method that […]
October 7, 2024
A notarial will requires a non-Hebrew speaking testator to receive a translation to a language he understands
Notarial wills and testaments
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A deaf-mute person who does not speak official sign language signed a will without having it properly translated by a sign language interpreter in a manner consistent with his understanding. The Court canceled the will due to defects in its drafting. Israeli law requires a notary who prepares a document for the signature of a […]
October 1, 2024
A written document containing material details may be recognized as a real estate sale agreement even if it has not been signed
Real Estate
Dispute Resolution
After the demise of a man his wife discovered that ownership of a plot of land that he had purchased from his cousins had not been recorded. The cousins refused to sign the agreement even though the consideration was paid. The Court held that the land ownership was transferred due to the existence of a […]
October 1, 2024
Managing a foreign company from Israel may create a constructive presence in Israel for a lawsuit in Israel
Business, Corporate and Joint Ventures
International Transactions and Dispute Resolution
Dispute Resolution
An employee demanded his salary from the company he worked for, but also from its parent company and from its grandfather company, which is a Swiss company, and contended that the mere delivery of the statement of claim to the two Israeli companies also constitutes delivery to the Swiss company. The Court found that the […]
September 27, 2024
Publishing instructional videos for hacking a blocked website shall constitute a copyright breach
Copyright, Trademarks Media and Artists
Dispute Resolution
A website operator on the YouTube channel uploaded videos explaining how to access to “Sdarot” website, where links are uploaded for illegal direct viewing of the works, in which he instructed the public on how to circumvent the instructions of the blocking orders issued by the courts in Israel and the USA regarding the copyright […]
September 25, 2024
Stock Exchange regulations may withdraw from the need to sell a company’s shell in order to pay its creditors
Capital Markets and Stock Exchange Regulations
Business, Corporate and Joint Ventures
Dispute Resolution
A company sought that the Tel Aviv Stock Exchange (TASE) will not declare it as a shell company so that it could sell its shell in order to pay its creditors from the sale proceeds, because this would mean the reduction of trading on the TASE and the loss of the value of the company’s […]
September 22, 2024
In order to be able to claim expectation compensation in addition to liquidated damages this must be explicitly stated in the agreement
Business, Corporate and Joint Ventures
Dispute Resolution
A tender holder sought to receive expectation damages, which are damages in the amount of profit had the agreement been enforced, from a tender winner who breached its obligations under the tender, even though it had already forfeited the bank guarantee that the tender winner had provided. The Supreme Court rejected the tender holder contention […]
September 22, 2024
An entrepreneur may be entitled to tax relief if he builds an area intended for renting residential apartments
Real Estate
Taxation and Government Incentives and Funding
Dispute Resolution
A construction entrepreneur contended that it is entitled to a tax benefit in relation to the entire area of the building that has been approved as a new building for residential rent, and not only in relation to the part of the building intended for rent. The Supreme Court held that the entrepreneur is entitled […]
September 20, 2024
An occupation restriction clause shall be valid only if it is justified
Labor Law and Immigration
Dispute Resolution
An employer contended that a former employee breached an employment restriction clause by moving to a competitor and taking with him commercial secrets. The Court dismissed the claim due to the lack of a valid non-compete contractual obligation. An employment restriction clause will be valid in four cases and depending the employee’s position: There is […]
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