Sort by

Legal Updates2019 found

Filters
Sort by
Filters
September 4, 2022
In the absence of a written agreement system the financial conduct and economic interest of the parties will be examined
Mergers and Acquisitions
Business, Corporate and Joint Ventures
Dispute Resolution
Investors transferred sums of money to company owners, based on acquaintance and prior friendship between the parties, for the purpose of the company’s activities. The investors contended that the funds were transferred as a loan which the shareholders of the company are required to repay, while the shareholders contended that the funds constitute a business […]
September 4, 2022
A license for a generic product issued by an EU Agency may be considered hindrance to EU Competition law if granted to a single company
European Law and Regulations
Dispute Resolution
A medical distributor received a license from the European Medicines Agency (EMA) under the appropriate regulatory framework. A competitor petitioned the EMA for revocation of the license, as it contented that the grant of the license, although not exclusive, disrupts the fairness of the market within the economic union, due to the fact that the […]
September 2, 2022
The war in Ukraine is a justified reason for issuing an urgent temporary injunction to prevent triggering of autonomous guarantees
International Transactions and Dispute Resolution
Commercial, Banking and Financial
Dispute Resolution
A municipal water corporation in the city of Kharkiv, Ukraine, demanded to execute payment of over ILS 31 million under autonomous guarantees given to it by an Israeli company after an agreement to carry out a water infrastructure project was canceled due to the ongoing war in Ukraine. The District Court granted the motion for […]
August 25, 2022
A shareholder cannot contend personal damage if another shareholder also suffered damage and it is not a specific damage caused only to him
Business, Corporate and Joint Ventures
Dispute Resolution
One of two shareholders in a company contended to have suffered personal damage due to the other shareholder entering into agreements with the company which were made behind his back and without his knowledge and that he never received the consideration for them. The Court rejected the claim and held that the damage caused is […]
August 22, 2022
A lessor may terminate an agreement even if lack of payment is due to the Covid19 epidemic
Real Estate
Dispute Resolution
A lease agreement for rent an event hall was terminated after the lessee did not pay rent for months and accumulated a debt of hundreds of thousands of shekels. The Lessee refused to make payments to circumstances related to the Covid19 epidemic. The Court decided that the lease agreement may be terminated and the lessee […]
August 21, 2022
Company directors who are not shareholders can not be held liable for company debts to its employees by way of piercing the corporate veil
Labor Law and Immigration
Business, Corporate and Joint Ventures
Dispute Resolution
Ramallah based employees of an American start-up company that was liquidated in the United States of America sought to obligate two Israeli directors of the company, who managed a venture capital fund that was one of the company shareholders and were thus appointed directors, to personally pay social benefits due to them. The Labor Court […]
August 19, 2022
Failure to transfer funds deducted from the employee’s salary to the pension fund due to negligence does not justify piercing the corporate veil
Labor Law and Immigration
Business, Corporate and Joint Ventures
Dispute Resolution
An employer failed to wire the required deductions that were made from the employee’s salary to the designated pension fund. The employee contended, inter alia, that the controlling shareholder and manager of the company is to pay the lacking deductions and be personally liable for the damage caused to him. The Labor Court partially accepted […]
August 18, 2022
Refraining from exercising independent discretion in voting by a director constitutes a breach of the fiduciary duty to the company
Business, Corporate and Joint Ventures
Dispute Resolution
A company which also serves as a general partner in a publicly traded partnership, stipulated in its shareholders agreement and in its articles of association, that one of the members of the board of directors, which also included external directors, shall have exclusive discretion in any decision regarding professional matters which are not financial. The […]
August 15, 2022
A “pop-up window” when approving terms online creates consent to the terms listed therein
High-Tech and Technology
Dispute Resolution
International Transactions and Dispute Resolution
AB-Inbev, which produces various beer brands (Corona, Beck, Stella, Leff, Budweiser and more), canceled after 30 years a distribution agreement with an Israeli distributor and contended that all legal proceedings between it and the distributor are required to take place in an ICC arbitration under Swiss law because in each purchase order is done online […]
August 4, 2022
In the event of a “draw” between bidders the tender committee is obliged to examine all options and duly reason its decisions
Public Law, Environment and Tenders
Dispute Resolution
Two bids in a tender received the same weighted score when the terms and conditions of the tender did not stipulate a “tie-breaker” mechanism. Despite this, the tender committee preferred the cheapest bid without reasoning. The Court cancelled the decision made by the tender committee and held that the tender committee will hold a renewed […]
August 4, 2022
Opening a voluntary liquidation procedure in order to avoid paying the company’s debts is grounds for piercing the corporate veil
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder of a company commenced voluntary liquidation of the company even though he knew that there was a debt to another company that provided services to the company in the amount of approximately ILS 200,000 which he failed to settle. The Court accepted the claim and held that the corporate veil is to be […]
July 31, 2022
The fact that a company presented a person as its employee to third parties does not necessarily indicate the existence of an employment relationship
Labor Law and Immigration
Dispute Resolution
A distributer who worked with a company while being granted freedom to manage the business, contended that he was an employee of the company because he was at times presented by the company to third parties as such and demanded that social rights be paid to him by virtue of a working relationship between the […]
July 26, 2022
Claims by Israeli consumers against Facebook will be governed by the laws of the state of Israel and not the laws of California
High-Tech and Technology
International Transactions and Dispute Resolution
Dispute Resolution
A client filed a claim against Facebook in Herzliya, Israel for damages caused by Facebook due to poor service, but the rules of use states that any claim against Facebook must be governed under California law. The Supreme Court held that the governing law clause depriving Facebook’s consumers, including small businesses that purchased advertising services […]
July 14, 2022
Using a domain name identical to a competitor’s with the addition of a “hyphen” may be considered plagiarism
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Dispute Resolution
Two people founded a medical tourism company. In retrospect, it turned out that one of them provided services to company clients through a business of his wife, which uses a domain almost identical to the company’s domain name, but with a hyphen (the domain of the company is www.topichilov.com, while the competing business uses: www.top-ichilov.com). […]
July 13, 2022
Cancelling a European merger goes against EU competition laws if there is no risk of market concentration
European Law and Regulations
Competition
Two companies with material market share in the field of genetic screening merged into a single entity. The EU Concentration Commission received a complaint from a third party that the merger is hindering EU Competition law and sought to cancel the merger. The Court held that the merger should not be cancelled although both companies […]
July 13, 2022
In the case of parallel overt and covert agreement system the overt agreements are only for appearance and therefore of no effect
Real Estate
Dispute Resolution
A property owner entered into a rental agreement with tenants and at the same time the parties came to an oral agreement regarding the purchase of the property by the tenants in the future. After the tenants announced that they were unable to meet the purchase price, the parties signed a termination agreement but such […]
July 12, 2022
Reoccurring posts on social media and disclosing of personal details may be deemed a threatening harassment
Commercial, Banking and Financial
Dispute Resolution
An activist published on social media publication of personal details of Dr. Sharon Alroy-Preis, Head of Isralei Public Health Services in which she condemned her and her public work. The Court held that the case justified issuing a restraining order. The law is intended to prevent harassment of a person, with the emphasis placed on […]
July 11, 2022
Failure to pay the consideration for an option will not cause the option to expire in the event that the company refused to exercise it
Business, Corporate and Joint Ventures
Capital Markets and Stock Exchange Regulations
Commercial, Banking and Financial
An investment firm entered into agreements with the controlling shareholders of a number of private companies under which it was granted options in the private companies. After the activity of the private companies was transferred to a corporation which IPOed on the London Stock Exchange, the investment firm sought to exercise the options, but the […]
July 10, 2022
In the absence of a partnership agreement a retiring partner may be left without the right to future income
Business, Corporate and Joint Ventures
Dispute Resolution
Two people entered into a business venture and determined that the revenues from its activity will be equally share, but no agreement was executed. One of the parties chose to retire from the venture but contended to be owed his share of future revenues. The Court held that the date for determining the settlement between […]
July 4, 2022
A Facebook post can be a protected work as long as it meets the tests of originality, creativity and investment
Copyright, Trademarks Media and Artists
High-Tech and Technology
Dispute Resolution
An accountant copied to his business Facebook page professional posts and advertising materials that were created and published previously by a competing accountant, while presenting the posts as his original works. The Court held that the publication of the posts constitutes a violation of copyright law which entitles the competing accountant to statutory compensation without […]
July 3, 2022
The Tenders Committee may select an expensive bid, but subject to the granting of a right to a hearing and special reasoning in writing
Public Law, Environment and Tenders
Dispute Resolution
The Tenders Committee selected the winner of a tender that submitted a more expensive bid without giving the other bidder, whose bid was cheaper, the right to a hearing and without giving reasons for this in the minutes. The Court accepted the petition and held that the Tenders Committee had acted in violation of the […]
June 29, 2022
Splitting the consideration received for a transaction for the purpose of artificially reducing the tax burden requires a reclassification of the consideration
Taxation and Government Incentives and Funding
Mergers and Acquisitions
Business, Corporate and Joint Ventures
A company and its owner entered into an agreement for the sale of the company’s activities. As part of the transaction, the owner signed a separate agreement, the main part of which was a commitment of non-competition, and received a separate financial consideration against this commitment, which was reported to the tax authorities as income […]
June 28, 2022
An owner of a maritime vessel who seeks to register it in Israeli must cancel any previous registration in a foreign registry
Maritime, Aviation and Transportation Law
Dispute Resolution
A ship registered in the Maritime Vessel Registry in Libya was arrested in the port of Burgas in Bulgaria and sold by a forced sale for the purpose of realizing a lien in favor of a creditor. After several more transactions, the ship was purchased by an Israeli entity who registered it in the Maritime […]
June 28, 2022
An employee’s silence can be considered as consent to a unilateral change in the employment agreement made by the employer
Labor Law and Immigration
Dispute Resolution
An employer breached its obligation to an employee to raise his salary after six months of employment. The Labor Court dismissed the employee’s claim for enforcement of the employment agreement due to the employee’s silence for years which constitutes consent. A unilateral change of a stipulation in the employment agreement (explicit or implied) by an […]
Showing 24 of 2019
Load more