Everyone knows what a contract means. But what does a “non-binding contract” mean? Does it encompass, for example, a memorandum, meeting minutes, a document containing nonspecific points of consent in principle? A recent...more
The Israeli Supreme Court handed down a precedent-setting ruling recently in the Evangelical Episcopal Church case. According to the ruling, Israeli NPOs may receive an exemption from paying real estate betterment levies to...more
The Israeli Supreme Court recently handed down an important ruling addressing the issue of division of property between common-law spouses. Specifically, the ruling changes the “presumption of property sharing” arrangement...more
An Israeli Supreme Court ruling has overturned a district court decision and determined that registering a roof under the ownership of a particular apartment (thereby removing it from the common property) and consenting to...more
The right-wing government of Israeli Prime Minister Benjamin (Binyamin) Netanyahu and the left-wing government of US President Joseph Biden do not often see eye-to-eye on many issues, but both curiously have in common a...more
The Israeli Companies Law provides for two tests a company’s board of directors must perform to approve a resolution to distribute dividends. The first test is the “profit test” and the second is the “solvency test.”...more
In a new ruling addressing the legal validity of simulated contracts and the agreements concealed behind them, the Israeli Supreme Court significantly weakens the standing and legal validity of these contracts, while making...more
In July 2022, in a class action filed against the Central Bottling Company alleging unfair pricing of Coca-Cola, the Israeli Supreme Court ruled for the first time that a monopoly may not set an unfair excessive price. With...more
In the Supreme Court’s 67-page ruling, the judges explain the liability and responsibility of “on paper” apartment sellers to actively disclose material information about the apartments they sell. The Supreme Court determined...more
2022 was an intensive year in competition law. Material issues to the competition agenda were addressed in precedential determinations and rulings by the Competition Authority and by Israeli courts. These issues include...more
At the beginning of 2022, everyone had great expectations about the Israeli real estate market. Would the record-breaking price increases in 2021 persist, or would the real estate market cool down a bit?...more
The investigation of the Meron disaster raises an important legal question regarding the connection between responsibility and accountability. The Israeli Supreme Court answered this question recently in a completely...more
On July 26, 2022, the Israeli Supreme Court handed down a precedent-setting ruling in the Central Bottle Company (Coca-Cola Israel) case (Permission for Civil Appeal Gafniel v. Central Bottle Company Ltd.). The court...more
In the recent ruling handed down by the Israeli Supreme Court in Jafora Tabori Ltd. v. Ben Shlush Import and Export Ltd., the justices deliberated the tension between the legitimacy of the practice of parallel importing and...more
The counter-reaction against the constitutional revolution comes from diverse sources, from both within the legal system and outside it. This is part of a wider shift in Israeli public opinion, as also reflected in the...more
In a ruling handed down a few days ago, the Israeli Supreme Court ruled that a release from criminal liability on the grounds of reliance on assistance of counsel shall not apply when an attorney fails to warn about the...more
Israeli law prescribes that a patent provides protection for 20 years. However, this period may be shortened or lengthened in exceptional circumstances, as specified in the Patent Law. When the Tel Aviv District Court...more
After a lawsuit filed by liquidators of a company that collapsed against the company’s former officers, directors, and independent auditors was dismissed in limine, a new Israeli Supreme Court ruling overturned that decision...more
On January 11, 2022, the Israeli Supreme Court, in an expanded panel of nine justices, prescribed a set of rules concerning procedures and judicial discretion on the granting of search warrants of computers and cellular...more
In December 2021, the Jerusalem District Court dismissed two motions to certify a class action against the leading dairy manufacturer in Israel, Tnuva, for charging excessive prices. Both the motion and the dismissal are part...more
Motions to certify class actions have long since become one of the most prevalent challenges facing private and public companies providing services to the public. Empirical studies show a gradual and nearly steady rise in the...more
The Israeli High Court of Justice ruled recently that section 46 of the Income Tax Ordinance does not authorize the Knesset Finance Committee to exercise broad discretion in recognizing NPOs and in fact the Committee’s...more
Up until now, the Israel Tax Authority interpreted the Real Estate Taxation Law so that spouses who signed a prenuptial agreement and maintained separate property were considered a single family unit for the purposes of real...more
In a recent judgement by the Supreme Court, the circumstances under which a court may intervene and cancel an action for expropriation were considered....more
The Supreme Court recently ruled on the issue of whether sending a text message in the course of customer service constitutes a violation of the Spam Law. The Court granted the Bezeq company’s appeal regarding the...more