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December 3, 2025
When the dispute remains alive, a claim for offset can be raised even after the cause of action’s statute of limitation period has expired
Real estate in Israel and around the world
Public Law, Elections Law and Tenders
Dispute Resolution
A company sought to offset royalty amounts that were collected in excess from future royalties to the Israel Land Authority. This was done in light of the fact that the statute of limitation period for the cause of action for the collection in excess expired and the Israel Land Authority knew that the company maintains […]
November 27, 2025
Purchasers who lawfully rescinded a contract are entitled to restitution of consideration at the real value based on the apartment’s current market price
Real estate in Israel and around the world
Dispute Resolution
Apartment purchasers filed an action against a contractor demanding the rescission of the sale agreement and restitution of the consideration, after they were provided with a non-compliant parking space that could not be reasonably utilized. The Court accepted the claim for rescission of the agreement and held that the breaches by the contractor were fundamental […]
November 23, 2025
A framework relationship contract is a general agreement that is open to changes and updates in matters that the parties to the contract have chosen not to settle in advance
Commercial, Banking and Financial
Dispute Resolution
Holders of rights of residential units in a luxury hotel demanded the hotel owners to appoint an internationally renowned management company to manage the hotel as well as refrain from raising the management fees. The Supreme Court held that the agreement is a closed agreement and there is no reason to obligate or prevent the […]
November 15, 2025
A negative past record may result in the disqualification of a tender bid
Public Law, Elections Law and Tenders
Dispute Resolution
A tenders committee disqualified a sole bid in a tender for the provision of cleaning services due to the bidder’s negative past record. The Court dismissed the petition and held that the tenders committee’s decision to reject the bid based on the negative record was free of flaw.  Intervention in the professional discretion of the […]
November 15, 2025
Judicial approval for a prenuptial agreement signed during the marriage is an essential condition for its validity
Notarial Prenups
Notarial Services
Dispute Resolution
A married couple who divorced signed during the marriage an agreement titled “Prenuptial Agreement” before a Notary.  The agreement stipulated, inter alia, that in case of selling their home, the wife would receive a refund of ILS 800,000 for the apartment she had prior to the marriage and the contents of the apartment.  The agreement […]
November 13, 2025
The publisher of a fictional work featuring a character with identifiable characteristics of a real person may face legal action
Copyright, Trademarks Media and Artists
Dispute Resolution
An author published a fictional book centered on a villainous, criminal, and deceitful character.  The character in the book was portrayed as an Israeli, a lecturer in intelligence at Sofia University, involved in real estate in Bulgaria, who had undergone bariatric surgery and suffered from diabetes – details matching precisely a businessman who was previously […]
November 9, 2025
In the absence of other concent the copyright in the commissioned work will remain in the hands of the creator
Copyright, Trademarks Media and Artists
Dispute Resolution
A printing house made it possible for its customers to upload photos, with T-shirts printed by it, onto its website.  Among the photos uploaded by the customers were pictures of T-shirts on which works made to order by an artist were printed for the purpose of printing them on T-shirts, but without the artist giving […]
November 6, 2025
A partner who terminates a partnership agreement in bad faith may be obligated to pay compensation for loss of entrepreneurial profit
Business, Corporate and Joint Ventures
Dispute Resolution
A farm owner terminated a partnership agreement with a company engaged in the marketing and construction of solar systems in favor of an engagement with a competing company, contending that he was entitled to terminate the partnership agreement at any time. The Court partially accepted the claim and the farm owner is to pay compensation […]
November 3, 2025
Even if a will expresses the free will of the testator it does not mean that the testator was necessarily qualified to make it
Wills and Estates
Notarial wills and testaments
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A woman made a will in 2012 in which she distributed her property to her three children.  In 2017, after it was determined that she did not need a guardian despite being an 84-year-old and nursed, she made a will in a haste before a notary who did not ask her for a medical certificate, […]
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 31, 2025
A supplier who terminates an engagement with a distributor because the distributor refused its demand for price coordination breaches an agreement
Competition
Dispute Resolution
A gas products marketer, which sells products to several distributors, demanded that a store owner, with whom it had worked for 15 years, not advertise products at a price lower than the price it set.  After the store owner objected to the demand, contending it is a forbidden restrictive arrangement, the distributor stopped supplying its […]
October 30, 2025
Rights in the estate of an agricultural association are rights subject to permission and are not considered part of an estate.
Real estate in Israel and around the world
Dispute Resolution
Domestic Relations
Upon demise of the father, one of his sons requested that he and his wife be recognized as the owners of the father’s farm, by virtue of his appointment as “continuing son” by the father, an appointment that was approved by the agency and the agricultural association, even though the father’s will divided the estate […]
October 27, 2025
A trustee of a public trust may not circumvent the salary limit by receiving it from an asset indirectly held by the trust
Trusts
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Latam – Spain – Israel Activities
The only two trustees of a public trust created an extensive system of holdings (including through two companies registered in Panama) and ended up with a private company from which they received a high salary. The Court held that this was a prohibited distribution due to beneficiaries serving as trustees of the trust.  Except when […]
October 26, 2025
The extent of privacy protection in a public place depends on the circumstances and the degree of a person’s expectation of privacy in that place
Privacy, GDPR, Confidentiality and protection of reputation
Latam – Spain – Israel Activities
Data Protection Officer (DPO) Services
A candidate in the elections for a workers’ committee contended irregularities in the election.  He demanded to receive full footage produced by the security cameras watching the entrances to the voting area in addition to those videos that were given to him and were edited to prevent the identification of those present. The Court granted […]
October 24, 2025
Prosecuting only some of those involved in an antitrust crime does not necessarily constitute selective enforcement
Competition
Criminal Law
An indictment was filed against 17 defendants for committing the offenses of a restrictive arrangement, receiving something by fraud, and money laundering, although 50 were originally involved in the case. The prosecution decided who to prosecute based on parameters reflecting the severity of the acts. The Court held that the criteria subject to which 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 15, 2025
A company may avoid holding an annual meeting and appoint an auditor for a period not exceeding 3 years
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder sought to appoint for the company an independent auditor contending that the company’s existing auditor is in a conflict of interest because he is authorized to report in several companies of one of the shareholders and also that his appointment was flawed. The Court held that the auditor of the company was duly […]
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
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. […]
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