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Insights & News / Daphna Klein
Contracts, Signatures, and Smileys: Are Emojis Legally Valid?
Courts around the world are being asked to determine the legal standing of emojis and to include ideograms in contract doctrine when a consensus about their meanings has not yet been reached.
Emojis Are Going Legal – Daphna Klein Op-Ed Calcalist
The use of emojis is expanding, redefining the bounds of interpersonal communication. For instance, a Canadian court recently determined that a text message with a thumbs-up emoji was considered as valid acceptance of contractual terms. Read Daphna Klein’s op-ed on the case in Calcalist.
Delay in Delivery of Apartment – Waiver of Claims Clauses
To ensure the agreed arrangement is appropriate and does not include a waiver of the buyer’s cogent rights under Israeli law, several principles should be taken into account, such as if the agreement reflects a reasonable assessment of the inherent risks in the event of disputes between the parties.
Precedent-Setting Israeli Supreme Court Ruling Limits Possibilities of Service of Process to a Foreign Company
The new ruling has significant implications since the question of service of process also involves the Israeli court’s acquisition of international jurisdiction to adjudicate a proceeding.
News for Apartment Buyers in Israel – Major Amendments to the Sale (Apartments) Law
The latest amendment includes a limit on linkage to the construction input index and revises contractors’ compensation rates for delays in apartment deliveries
Latest Legislative Amendments to Promote Pinui-Binui Projects
The importance of pinui-binui (vacate-and-build) projects for resolving the housing shortage in Israel has spurred new legislation to resolve the problem of recalcitrant tenants, to define what constitutes a majority of tenants in such projects, and to regulate projects in neighborhoods comprised of detached houses.
Representing Owners of Luxury Tel Aviv Property in Lawsuit Filed against Them
Israeli basketball player Yoni Nir has filed a lawsuit against three women who own a property in the upscale Nahalat Yitzhak neighborhood in Tel Aviv. The lawsuit alleges the women refused to abide by a "binding sale agreement" signed between them for the sale of the property in the amount of NIS 4.9 million together with renovation costs. Our firm’s Daphna Klein and Shahar Poller Atzil are representing the defendants in the case.
Who Owns the Copyright – the Photographer or the person who was Photographed?
Potential legal exposure when one makes use of a photograph displaying his or her own image without the permission of the photographer.
Daphna Klein Interviewed on Financial Radio Program
Daphna Klein was interviewed by the "Tzeva Hakesef" radio program on Kan Reshet Bet following the recent Supreme Court ruling that posting and sharing on social media may be considered an advertisement for the purposes of the defamation law. According to Daphna, this decision has significant weight to a wide swath of the public, who are not necessarily aware of their exposure to being sued in defamation claims (starting min 21.22).
Supreme Court: A Service Text Message Is Not a Violation of the Spam Law
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.
Advertising Message or Informational Content? - How Israeli Courts Interpret the “Spam Law”
More and more people have begun filing claims on the grounds of violations of the “Spam Law.” Israeli courts, for their part, are conveying an encouraging message to consumers in their latest rulings: they are awarding significant compensation and are certifying class actions against advertising companies and also against officers.
Officers’ Liability in “Spam” Lawsuits
It is not common knowledge that officers of companies who customarily disseminate advertising messages in a manner that constitutes a violation of the Israeli Anti-Spam Law are personally exposed to lawsuits, even to class actions at millions of shekels.
District Court Rejects Scheduled Vote of Purchase Group United Sarona
The Tel Aviv District Court accepted the request of over 50 members of the purchase group United Sarona, represented by Barnea's Head of Litigation, Adv. Zohar Lande, to prevent a vote at the meeting scheduled for today. In the motion that was presented, it was argued that in the process of convening the meeting there were material flaws, including a lack of information.
Purchase Group United Sarona about to Fall Apart
The purchase group United Sarona, which won a tender a year and a half ago to build several towers near Sarona Market in Tel Aviv, is about to fall apart. In the last few days, several members of the group have begun organizing, through Adv. Zohar Lande, Head of the Litigation Department at Barnea, to file a lawsuit against United Sarona's organizers, after they failed to recruit new members or find alternative funding sources to ensure the progress of the project.
The publisher Israel Mizrahi is suing his former partner
The publisher Israel Mizrahi is suing his former partner Lior Sharf in an amount of about NIS 11 million, claiming that he has been misled through cover-up and concealment" Mizrachi, represented by adv. Zohar Lande and Daphne Klein, from Barnea, claims that Mr. Sharf covered up and concealed financial information related to Agam Publishing, their former business partnership.