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February 6, 2023
Failure to issue a tax invoice/receipt and misuse of the incorporation veil may justify piercing the corporate veil
Business, Corporate and Joint Ventures
Dispute Resolution
A company that was hired to carry out renovation work in a residential apartment entered into liquidation procedures. The shareholder was required to personally compensate the customers for damages and many defects discovered in the works. The Court accepted the claim in part and held the shareholder is personally liable for defects and damages, due […]
January 29, 2023
Disclosure duty during negotiations does not apply to information that was visible and known to the parties
Commercial, Banking and Financial
Real Estate
Dispute Resolution
A business owner leased a space in Nesher for the purpose of operating a minimarket. A short time later, the municipality began extensive infrastructure works for the construction of metro lines, as part of which the service road was blocked and the parking lot near the leased area was demolished. The Court rejected the claim […]
January 25, 2023
Commercial use of an image documenting a work of art without the artist’s consent or giving it credit constitute a copyright infringement
Commercial, Banking and Financial
Copyright, Trademarks Media and Artists
Dispute Resolution
In a commercial advertisement of a company, which sought to illustrate its services in the field of transportation of artwork, appeared a photo from an exhibition documenting the artwork by a Bezalel graduate alongside a commercial inscription and the company’s logo stamped on it. The company did not receive the artist’s consent to such use […]
January 21, 2023
Transferring security footage to a third party may be infringement of privacy
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A café let a third party watch security footage which was then uploaded to a Facebook post accusing a woman of theft. The Court held that the giving the footage to a person who does not have a position in the café constitutes an infringement of the woman’s privacy. Under the guidelines of the Israeli […]
January 17, 2023
Depositing cash instead of a bank guarantee, as the threshold conditions of a tender requirement, is grounds for disqualifying the bid
Public Law, Environment and Tenders
Commercial, Banking and Financial
Dispute Resolution
A bidder for the placement and operation of food and drink vending machines at the Technion was selected as the winner in a tender, even though it deposited ILS 10,000 in cash as a security for its bid instead of attaching a bank guarantee of this amount, as required by the threshold terms of the […]
January 5, 2023
A delay in the performance of an action by a tender winner caused by the authority’s failure will be deemed an action performed on time
Public Law, Environment and Tenders
Dispute Resolution
The Israel Lands Authority canceled the winning bid of the tender for the purchase of lease rights in a lot located in Ofakim due to failure to meet the financial obligations on the date set in the tender. The Court annulled the decision of the Israel Lands Authority and held that the Israel Lands Authority […]
January 5, 2023
A shareholder may not file a claim on behalf of a company if the company has executed a settlement agreement regarding the same matter
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder sought to file a claim on behalf of the company against tenants regarding an urban renewal project due to a conspiracy to steal the project from the company. However, a settlement agreement was already executed between the company and the tenants which included the issues raised by the shareholder. The Court did not […]
January 2, 2023
Discussions in a board of directors of a company may be protected from defamation suis if the said was in good faith and relevant
Commercial, Banking and Financial
Public Law, Environment and Tenders
Business, Corporate and Joint Ventures
A member of the city council who made defamatory statements at the city council meeting regarding one of the council members contended that it was a lawful publication with complete immunity because it was done within the framework of a permit from the competent authority. The Supreme Court held that the things said are not […]
January 2, 2023
The board of directors may not refuse the transfer of shares of the company except for considerations of the company’s interest
Business, Corporate and Joint Ventures
Dispute Resolution
As part of a shareholder dispute in a company that is managing a gas station, a contention was made that the transfer of shares carried out in each of the shareholders groups was invalid because it did not receive the approval of the board of directors. However, one of the transfers was reported by the […]
January 1, 2023
A contractor who markets an apartment “on paper” has an increased duty of disclosure towards the purchasers
Real Estate
Dispute Resolution
A purchaser of an apartment “on paper” in a luxury project in Tel Aviv discovered at the end of construction that the view from her apartment was blocked by another building. The Supreme Court held that the contractor breached the duty of disclosure and is to compensate the purchaser. A party to a negotiation must […]
December 31, 2022
Employers cannot enter personal materials in a mixed mailbox unless there is a legitimate apprehension of inappropriate activity by the employee
Privacy, GDPR, Confidentiality and protection of reputation
Labor Law and Immigration
High-Tech and Technology
An employee opened, during his work for the employer and without its knowledge, competing companies, and when his actions were discovered by the employer the employer entered the e-mail mailbox used by the employee and used the materials discovered in such mailboxes to prove the competing actions. The Court held that the employer had the […]
December 29, 2022
Even if there is a right to terminate an agreement for “any reason” whatsoever it must be exercised in good faith
Real Estate
Public Law, Environment and Tenders
Commercial, Banking and Financial
A chain of coffee shops was required to vacate the premises it leases at gas stations on Route 6 after 18 years only because the lease agreement stipulated that it can be terminated upon notice “for any reason”. The Court rejected the eviction claim as the eviction notice was made in distinct bad faith. In […]
December 26, 2022
A shareholder seeking document from a company without good faith and in delay may lose its right to receive such
Business, Corporate and Joint Ventures
Dispute Resolution
Company shareholders moved to receive documents from the company in order to examine the possibility of filing a procedure against the other shareholders for usurping a business opportunity from the company and embezzling funds therefrom. The Court partially accepted the motion, but determined that it is somewhat problematic due to delay and lack of good […]
December 19, 2022
A person may be entitled to restitution from a third party for property bought with his money even if the third party was acting good faith
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Real Estate
Dispute Resolution
A man and a woman entered into a transaction according to which they would finance the purchase of six apartments in equal parts, and the rights to such would be divided equally. In practice, the man breached the contract and transferred all the funds deposited with him to his children, for the purpose of purchasing […]
December 16, 2022
The Israel Lands Authority is obligated to ensure that land allocated to a developer is used in accordance with the purpose of the allocation
Real Estate
Public Law, Environment and Tenders
Dispute Resolution
The Israel Land Authority did not act to ensure that an entrepreneur who obligated by the lease and development contract to build protected housing for the elderly for over 55 years old indeed stand up to its obligations. The Court accepted the claim and ordered the Israel Land Authority to enforce the leasing agreements and […]
December 15, 2022
Diluting a shareholder and denying its right to a board seat will not be deemed oppression if it consciously refused to inject capital
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder refused to inject capital into the company. As a result, its holdings were diluted and its right to a seat on the board of directors was revoked as he did not hold the required minimum proportion of shares (25%) and therefore contended to oppression of a shareholder. The Court held that there is […]
December 15, 2022
There is no place to interpret an agreement when the agreement uses clear and simple wording
Commercial, Banking and Financial
Dispute Resolution
A company entered into an agreement with a fundraiser, but refused to pay the agreed commission because the funds were raised from an “ordinary investor” through a well-known internet platform for “crowdfunding” while some of such were already associated with it. The Court accepted the claim and held that the company must pay the agreed […]
December 14, 2022
Facebook may block the account of a user who serially violates the terms of use
High-Tech and Technology
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A Facebook user, professor Amir Hetsroni, account was blocked due to a series of offensive posts that breached Facebook terms of use and the community rules. The Supreme Court rejected the appeal and held that the blocking of the account was done according to terms of use. The limits of interpretation of the contract are […]
December 9, 2022
In a notarized will it is difficult to attack its authenticity
Wills and Estates
Notarial wills and testaments
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
The children of a deceased sought to invalidate the will of their late father who left his entire estate to his life partner and disinherited his children by contending that the signature on the will is forged. The Court held that the will is valid. When a will notarized, the assumption is that it truly […]
December 8, 2022
The Court may approve withdrawal from a class action without compensation and legal costs despite a settlement between the parties
Commercial, Banking and Financial
Dispute Resolution
A motion for approval of a class action for millions of shekels was filed against a business that is accessible to people with disabilities, merely for not publishing the accessibility arrangements on the business’s website. After submitting the motion, the technical deficiencies on the website were fixed and a compromise was reached according to which […]
December 1, 2022
Transferring rights in a certain part of the land may be possible when the land may be physically divided
Real Estate
Dispute Resolution
A father and son executed a purchase agreement in which the father stated that he is the legal owner of a two-story apartment built on a plot of land and that he is transferring his rights in the apartment to his son. However, the father did not refer to the sale of all the rights […]
November 30, 2022
One may not ordinarily file a claim on behalf of a company when the company is being held by two shareholders only
Business, Corporate and Joint Ventures
Dispute Resolution
Following a dispute between two shareholders of a company regarding the management of the company, one of the shareholders filed a claim against the other on behalf of the company. The Court rejected the claim and stated that the shareholder is not entitled to raise contentions on behalf of the company. When there is a […]
November 28, 2022
A foreign arbitration award may be enforced in Israel even against a party that refused to participate in the arbitration proceedings
International Transactions and Dispute Resolution
Dispute Resolution
A distributor of the glasses brand VERSO got into a dispute with the singer Omer Adam over presenter services given to the brand, which were given by a company on his behalf. In accordance with the jurisdiction clause in the agreement, an arbitration award was granted in Florida against the company that represents the singer, […]
November 24, 2022
Submitting a tender bid even only 4 minutes late may result in the disqualification
Public Law, Environment and Tenders
Dispute Resolution
A bidder encountered technical difficulties in submitting its bid for a tender, but the Tenders Committee refused to accept its bid, even though it was received only 4 minutes late. The Court rejected the petition and stated that the decision to disqualify the bid was duly made. Under Israeli law, the Tenders Committee will not […]
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