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November 28, 2020
On restrictive arrangements and criminal liability of corporate officers
Competition
An article on the personal criminal liability of officers o restrictive trade arrangement offences by the company and the manner in which it may be avoided.
November 15, 2020
Cancellation of tender – the thin line between legitimate and unreasonable
Public Law, Environment and Tenders
An article on the ability of the Tenders Committee to cancel a tender after opening the bids and then launch a new tender. The article was written by Adv. Yair Aloni, from Afik & Co.
October 24, 2020
ASX, OMX, SGX and Mrs. Cohen from Singapore …
Capital Markets and Stock Exchange Regulations
An article on the issue of IPOing and Israeli company on a foreign market (e.g. in Australia, Singapore or Nasdaq Nordic) and whether to list the Israeli company or a special purpose vehicle (SPV).
October 9, 2020
ASX accepts TASE as a home exchange for secondary ASX listings
Capital Markets and Stock Exchange Regulations
An article on the acknowledgement of the Australian Stock Exchange (ASX) of the Tel Aviv Stock Exchange (TASE) for dual listings purposes.
October 3, 2020
Corporate control agreements – cooperation or coercion?
Business, Corporate and Joint Ventures
Two entrepreneurs incorporated a company and want to ensure their control over it even after the entry of investors. The way to ensure this may be through a ‘control agreement’ or a ‘voting agreement’, in which the parties may undertake to agree between them on any vote before casting it. But then it may turn […]
September 21, 2020
To register or not to register (a trademark), this is the question…
Commercial, Banking and Financial
Registering a trademark is a relatively simple procedure, but it is a significant step in starting a new business, so it is important to do it correctly, as soon as practical, and using an experienced lawyer. Incorrect, or late, registration may create issues later on, which will render the protection ineffective and may cause additional […]
September 5, 2020
When Bank Leumi Discloses Confidential Banking Information, About Bank Abuse of the Elderly and on Ongoing Power of Attorney
Commercial, Banking and Financial
There is no denying that banking secrecy is one of the cornerstones of the banking system. After all, who would agree to deposit money with a bank, when there is a risk that the bank will reveal to others how much money the customer has? But does banking secrecy apply when the bank receives a […]
August 23, 2020
Who wants to volunteer to be personally liable for debts of an NGO?
Business, Corporate and Joint Ventures
A person volunteers to be a member of an NGO or even more – to participate in the actual management of the NGO by sitting in its board – and one fine day receives a statement of claim from an employee of the NGO demanding him to be personaly liable for pension funds to which […]
August 5, 2020
My favorite tenders are blue and white
Public Law, Environment and Tenders
Public protests over the government’s handling of the COVID-19 crisis are supported by many due to the lack of support for small local businesses, especially at a time when a global health crisis is undergoing. Therefore, and in a strong contrast to this, it is surprising that when it comes to large ‘businesses’, i.e. giant […]
July 25, 2020
Lien on me…
Commercial, Banking and Financial
“Possession in nine tenth of the law”, but what happens when possession is given to a contractor performing a job for the owners of the property but later refuses to return it? Imagine a scenario where owners of apartments in an apartment building enter an agreement with a contractor for the purpose of doing construction […]
July 6, 2020
A Dirge for the Companies – In Every Generation they Rise up to Destroy Us
Intergenerational Transfer (Trusts, Estates and Lasting Powers of Attorney)
If in the past it was customary to bury a man along together with animals and much property to support him in the afterlife, today this practice is less than acceptable. So why are businesses and companies sometimes buried, inadvertently, together with their owners? For example, a high-tech entrepreneur and a major shareholder in a […]
June 29, 2020
Need a lessor fix a leak in the neighbor’s apartment?
Real Estate
Lessees wished to rent an apartment in a condominium downtown but shortly after entering the apartment they started to notice severe moisture damage to the apartment’s ceiling. It turned out that the source of the moisture is a leak in the neighbor’s apartment. Can the tenants demand that the lessor fix the leak or demand […]
June 11, 2020
On Uluru and international agreements Down-Under
International Transactions and Dispute Resolution
A person about to undergo open heart surgery decides, so as to save money, to perform the surgery himself while facing a mirror. Sounds reasonable? Obviously not… So why when it comes to entering into international agreements would one purportedly “save” money by not seeking relevant jurisdictional legal advice and work with an appropriately qualified […]
May 24, 2020
When tendering morality and insanity
Public Law, Environment and Tenders
A famous saying attributed to Albert Einstein states that insanity is doing the same thing over and over again and expecting different results – does this apply also to public tenders? If a shopping mall discovers that a tenant with a turnover-linked rent provided false data, the owner would be insane to ever lease to […]
May 10, 2020
What do you Do when you Wake Up in the Morning?
Commercial, Banking and Financial
The average person opens his morning with coffee and a newspaper, or, to be precise, with Ynet or other Internet news-site, and a review of his Facebook “feed”. If he sees an interesting post, he sometimes responds to it with a “thumbs up” (Like), sometimes even casually sharing it. Ah, … but wait a minute… […]
May 2, 2020
On Wilhelm Tell, Bibi and Contractual Legal Certainty in Israel
Commercial, Banking and Financial
On April 6, 1995, one of the most famous murder cases took place in Israel and would occupy the Israeli courts, scholars and the legislature for the ensuing decades – the Supreme Court gave the verdict in the Apropim case,(1) thus murdering, some say, the contractual legal certainty in Israel. Even when the legislature changed […]
April 18, 2020
The Covid19 crisis prevented use of the leased asset – am I exempt from rent?
Real Estate
In the crazy days of Spring 2020, when it seems like the world is in the midst of a third world war where all nations are under the Corona virus attack, many business owners, especially those who operated in the dining and entertainment sectors, found themselves at the battlefront. Thus, while a Parisian café and […]
March 28, 2020
Corona Virus & Insurance – Frequently Asked Questions
Commercial, Banking and Financial
Corona Virus & Insurance – Frequently Asked Questions Dear customers and friends, We are in the midst of unconventional times and naturally experience feelings of uncertainty and concerns. We have compiled answers to some commonly asked questions that arise regarding the interface between Insurance and the Corona Virus (Covid-19). Is there any cover for damage […]
March 27, 2020
Responsibility of Directors and Officers under the Shadow of the Corona Virus
Commercial, Banking and Financial
The Corona Virus bears many health and economic risks, but also creates a new playing ground and set of game rules that corporations and their managers have not previously faced. What negligence claims are directors likely to face and how will they protect themselves from these anticipated future claims? In light of the Corona Virus […]
March 23, 2020
Israeli Companies Looking to Do Business in Australia – How to Structure Operations
International Transactions and Dispute Resolution
For Israeli companies looking to commence or expand their overseas operations, Australia is land of opportunity and can serve as a gateway to doing business in the broader Asia-Pacific region and may even be a good spring-board to the American and the Commonwealth markets. Having decided to enter the Australian market, there are a number […]
March 3, 2020
Of Agreements, Marriage and Common-Law Marriages
Domestic Relations
The main way of preventing financial disputes in spousal relationships, whether during the relationship or upon its termination, is by a prenuptial agreement. With a married couple Israeli law defines how such prenup may be created, but a question arises when a couple shares a household with no intention of getting married but it is […]
February 21, 2020
On Bears, Loans and Employment
Labor Law and Immigration
An employee approches the employer and asks for a loan. The employer lends the money to the employee and they agree that every month the employee will repay the money as a deduction from the salary. Is the employee actually obligated to repay the money as a deduction from salary ? Under the Israeli Labor […]
February 8, 2020
On Necromancy and Claims against Managers of a Company in Liquidation
Business, Corporate and Joint Ventures
“10 Let no one be found among you who sacrifices their son or daughter in the fire, who practices divination or sorcery, interprets omens, engages in witchcraft, 11 or casts spells, or who is a medium or spiritist or who consults the dead.” states the Book Deuteronomy, Chapter XIX. But what if the dead is […]
January 27, 2020
Lasting Power of Attorney – Not Just for the Third Age but also for Young Start-Up Entrepreneurs
Mergers and Acquisitions
An entrepreneur of a startup company which was represented by our firm had a serious illness which caused him to be hospitalized in a coma state for a long period of time, unable to manage the company, which came to a standstill because the entrepreneur was the key person in the company. This is a […]
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