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March 20, 2021
Hast thou killed, and also taken possession? If you are an officer and the company suffered no loss – all’s well
Business, Corporate and Joint Ventures
A company pays a 100 grand a month for cleaning services. The new CEO replaces the clean-up team with another service provider that charges only 75 grand a month, but “neglects” to disclose that the new service provider is his childhood friend. This is certainly a blunt breach of trust, but is the officer obligated […]
March 13, 2021
When the board does not issue a death warrant against my father but kills him
Business, Corporate and Joint Ventures
My father – David Afik – passed away from Corona in December, 2020, although he never contracted the virus. My father was executed at the age of 86 under a death sentence imposed on him by the Israeli government, even though it never took a decision to kill him. Au Contraire, the death sentence was […]
March 5, 2021
“Four Sons” participate in a tender – who will win?
Public Law, Environment and Tenders
An article in the spirit of Passover on the right way to submit a bid for a public tender and the importance of legal assistance by a lawyer with experience in the field. The article was written by Yair Aloni, Adv. of Afik & Co.
February 20, 2021
So what if the waiver was fraudulently induced? You waived your rights!
Commercial, Banking and Financial
An article on the question of whether a settlement agreement that includes a waiver of claims prevents the filing of a claim in a fraud case
February 1, 2021
Copyrights coming out of the drawer
Copyright, Media and Artists
The process of getting a creative work our of the drawer and published is a very important part of realizing its potential. However, along with the understandable desire of the creator to maximize the work’s potential (after all, what good is an idea for a script or an app if such remain known only to […]
January 15, 2021
On Covid-19, legal capacity and lasting power of attorney
Lasting Power of Attorney
An article on the importance of the tool of lasting power of attorney, especially during the Covid-19 plague and a person's risk of becoming anesthetized and respirated, and all the damage that will be discovered when such person returns to normal life and may be avoided with this tool.
January 10, 2021
I promised, but did not promise to keep – the risk of contracting local authorities
Public Law, Environment and Tenders
An article on the importance of taking the correct measures when contracting a local authority, in order to avoid a later repudiation of the agreement and refusal to pay the consideration
December 13, 2020
On insanity and purchasing an apartment …
Real Estate
An article on the need to purchase an apartment or sell it, accompanied by an experienced lawyer, from a reputable firm and with satisfactory professional insurance coverage,
December 12, 2020
Employer’s obligation due to quarantine orders under Covid-19
Labor Law and Immigration
An article on payment to employees for forced days of quarantine due to the Covid-19 epidemic and putting employees on unpaid leave during the Covid-19 period
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 Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
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… […]
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