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AGENCY CONTRACT LAW (COMMERCIAL AGENT AND PRINCIPAL)

Introduction On April 27, 2012 Israel’s new Agency Contract Law (Commercial Agent and Principal) 2012 (the “Law”) came into force. This legislation has markedly improved the position of commercial agents, providing them with two significant rights: prior notice of termination of the agency contract and compensation on termination for the agent’s efforts to increase the […]

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DISTRICT COURT: DISTRIBUTION OF DIVIDENDS IS NOT A “TRANSACTION” UNDER THE COMPANIES LAW

The Commercial Division of the Israeli District Court has held that a dividend distribution to shareholders, including to the controlling shareholder (even if such distribution involves a reduction of capital approved by the Court) does not constitute a “transaction” for the purposes of the Israeli Companies Law, and therefore, is not subject to the procedures

DISTRICT COURT: DISTRIBUTION OF DIVIDENDS IS NOT A “TRANSACTION” UNDER THE COMPANIES LAW Read More »

DISTRICT COURT: LACK OF COMMERCIAL REASONING BEHIND A PURCHASE ORDER JUSTIFIES PERSONAL LIABILITY OF OFFICEHOLDERS

The Israeli District Court has held that notwithstanding the general lack of personal liability by officeholders and shareholders for the debts of a limited liability company, the absence of commercial reasoning behind a purchase order for goods, amounting to bad faith by an officeholder, justifies levying personal liability on the officeholder issuing the purchase order.

DISTRICT COURT: LACK OF COMMERCIAL REASONING BEHIND A PURCHASE ORDER JUSTIFIES PERSONAL LIABILITY OF OFFICEHOLDERS Read More »

LABOR COURT: A SUBSTANTIAL CONCERN OF INABILITY TO PAY SALARIES MAY GIVE RISE TO PERSONAL LIABILITY OF THE CONTROLLING SHAREHOLDERS

The Israeli Regional Labor Court has found that under the good faith doctrine, an employer must evaluate its anticipated ability to meet its obligations towards its employees. To the extent that an employer is aware of a substantial concern that the corporate entity will fail to meet such obligations, it must avoid further employment of

LABOR COURT: A SUBSTANTIAL CONCERN OF INABILITY TO PAY SALARIES MAY GIVE RISE TO PERSONAL LIABILITY OF THE CONTROLLING SHAREHOLDERS Read More »

THE SUPREME COURT: DISCREPANCY BETWEEN A SETTLEMENT AGREEMENT AND A FOREIGN RULING APPROVING THE SETTLEMENT WILL NOT NECESSARILY PREVENT THE ENFORCEMENT OF THE FOREIGN RULING IN ISRAEL

The plaintiff and the defendant deliberated before the courts of the State of Florida. The parties reached a settlement agreement, which was approved by the Florida courts. However, while the settlement agreement included a waiver vis-à-vis the defendant’s controlling shareholder, the waiver was not included in the Florida court’s ruling. The plaintiff sought to enforce

THE SUPREME COURT: DISCREPANCY BETWEEN A SETTLEMENT AGREEMENT AND A FOREIGN RULING APPROVING THE SETTLEMENT WILL NOT NECESSARILY PREVENT THE ENFORCEMENT OF THE FOREIGN RULING IN ISRAEL Read More »

THE SUPREME COURT: AN ARBITRATOR MAY, IN CERTAIN CASES, PROVIDE AN OUTRIGHT RULING WITHOUT HOLDING ANY EVIDENTIARY HEARING OR FACTUAL INVESTIGATION

The applicant, who was a party to an arbitration agreement, filed a petition requesting the court to annul a ruling handed down by the arbitrator. The applicant claimed that the lack of any evidentiary hearing or factual investigation during the arbitration proceedings provided sufficient grounds for the annulment of the arbitrator’s ruling. The Israeli Supreme

THE SUPREME COURT: AN ARBITRATOR MAY, IN CERTAIN CASES, PROVIDE AN OUTRIGHT RULING WITHOUT HOLDING ANY EVIDENTIARY HEARING OR FACTUAL INVESTIGATION Read More »

THE SUPREME COURT: THE SALE OF A DEVICE ENABLING THE BYPASSING OF TECHNOLOGICAL SECURITY TOOLS DOES NOT CONSTITUTE A BREACH OF COPYRIGHT

The plaintiff had purchased the exclusive broadcasting rights of the 2006 FIFA World Cup games in the territory of the State of Israel. The defendant sold its clients a device enabling the decryption of encoded satellite broadcasts of foreign networks, which allowed individuals in Israel to watch the games without engaging the applicant. The Israeli

THE SUPREME COURT: THE SALE OF A DEVICE ENABLING THE BYPASSING OF TECHNOLOGICAL SECURITY TOOLS DOES NOT CONSTITUTE A BREACH OF COPYRIGHT Read More »

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