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Articles 41 found

September 26, 2021
Hiring an employee through a pay slip or as a freelancer – which is better?
Labor Law and Immigration
An article on hiring the work force as employees or freelancers. The article was written by Adv. Yaakov (Kobi) Ben Simon of Afik & Co.
July 24, 2021
Clear message of Labor Court to employees: Steal and Laundered Money!
Labor Law and Immigration
An article on the issue of protecting the database of the business by proper employment agreements and the need for a labor law risk survey. The article was written by Doron Afik, Esq. of Afik & Co
June 2, 2021
Forgot to check that your employer duly paid you? Too bad, so sad
Labor Law and Immigration
An employer pays his employee’s wages at varying times: once by the 10th, but sometimes also on the 15th, or the 20th. On the first few times the employee is not “excited”, but after the fifth time, he “wakes up” and seeks to file a claim for holding back wages. But, then, it may be […]
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
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 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 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.
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 […]
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… […]
December 14, 2019
On Jabotinsky and the new national sport – personal claims against control holders
Business, Corporate and Joint Ventures
An article in The Observer newspaper 5.5.1939 by Ze’ev Jabotinsky opens with the words: “Not every nation has its own national sport; and if there is, then the other nations soon come and learn it and immediately they start to play it, maybe better than the inventors themselves and by that it ceases to be […]
May 28, 2019
On how to save money on a partnership agreement and destroy the business
Business, Corporate and Joint Ventures
So, you met with some friends or family members and decided to set up a business together. Due to the existing relationship between the parties, you decided to not formalise the transaction (which sometimes takes time and delays the start of activity) rather just to start activity. Without a proper agreement between the parties, or […]
April 5, 2019
On Alchemy (turning steel into gold), Cousins and Prime Ministers
Business, Corporate and Joint Ventures
A person (e.g., Israeli Prime Minister Benjamin Netanyahu) invests a significant amount of Dollars in a “failed” American private company, with a significant discount on the share price, and after a few years sells his shares at a huge profit. In the same example, the Prime Minister (in an attempt to fight off public criticism) […]
January 27, 2019
You Shared or Liked on Facebook? The Court Claim Against you is En-Route
High-Tech and Technology
A friend shared on Facebook a picture or a post with his opinion on an election candidate. With great enthusiasm and a light hand on the keyboard, you decided to press the “like” button or even share the post. Does this make you responsible to whomever might be hurt by the post? Every day we […]
November 19, 2018
On Yair Netanyahu and Infringement of Privacy
Commercial, Banking and Financial
One morning you discover that the taxi driver who took you and several friends from a night out, recorded you talking about personal issues and published it on the Internet. There is no need to describe the embarrassment and aggravation caused, especially where the published personal information is not something you wished anyone to hear. […]
May 6, 2018
So how do you “inflate” a claim against a prior employer? Easily!
Labor Law and Immigration
We often encounter the filing of inflated claims by employees against their former employers. While for many contentions there is no dispute that if it turns out that they are baseless then the claim will be dismissed, there is one contention that could turn the table – breach of the duty to give notice to […]
March 27, 2018
A story on a Maritime Waybill and a Captain with a (Moldy) Wooden Leg
Maritime, Aviation and Transportation Law
A riddle: A maritime waybill states that all claims will be settled only in London, United Kingdom, but the goods are Norwegian wood loaded in Finland on a Singapore owned ship, leased to a Bermuda company, subleasing it to a Danish freighter which issued the waybill to an Israeli purchaser utilizing a Portuguese agent and […]
February 27, 2018
Waiver of Privilege by a Trustee in Bankruptcy Proceedings
Dispute Resolution
In Avonwick v Shlosberg [2017] Ch 210, Mr Justice Arnold rejected the widely held assumption that a trustee-in-bankruptcy simply ‘stood in the shoes’ of the bankrupt as regards his rights of privilege and was free to waive the privilege for the purposes of the bankruptcy. As the Court of Appeal determined in upholding that decision, […]
December 2, 2017
Maritime Lien and Ship Arrest in Israel for Maritime Bunkering Debts
International Transactions and Dispute Resolution
When a car fuels at a gas station and “neglects” to pay, it is a debt of dozens of dollars at most and it is relatively easy to locate the vehicle owner and collect the money. In contrast, when a ship is refueling, the cost may reach hundreds of thousands of dollars, the payment is […]
November 21, 2017
Indemnification Letter for Officers and Directors
Business, Corporate and Joint Ventures
In recent years there has been a trend of increase of liability of directors and officers of companies in respect of acts performed by the company. As a result, many directors find themselves at the center of legal proceedings. In some cases, even employees file personal claims against directors and even if the Courts finally […]
October 10, 2017
Why was my bequest in the will disqualified? I just wanted to help!
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A person writes a will and wishes to bequeath the assets to his children.  Naturally, the children also help him prepare the will, drive him to the lawyer, maybe even stay in the room during the meeting to assist the parent, but discover years later that the bequest to them under the will is disqualified […]
August 16, 2017
The Requirement of Good Faith in Labor Court Claims
Labor Law and Immigration
As an office that represents employers in labor disputes we often encounter claims, the background of which is the employee’s belief that Labor Courts tend to favor employees and do not order payment of expenses in case of a rejection of a claim. Thus, Labor Courts are constantly facing frivolous claims, whether by employees or […]
August 2, 2017
You too want to be a criminal? Manage a business database!
Commercial, Banking and Financial
How would you react if a law would require a government license and supervision for possessing a computer or a cell phone? Legislation in many cases fails to adapt itself to the technological advancement and remains far behind. Thus, in Israel, an archaic legislation legislated to ensure that businesses will not sell their database, now […]
May 24, 2017
Disclosure duties upon sale of used vehicles
Commercial, Banking and Financial
The sale of the used vehicle’s market is one of the markets in which the seller, especially one who is a car merchant, has a great advantage on the purchaser who is unable to easily discover what is “under the hood.”  Moreover, a person purchasing a vehicle from a merchant (such as a car dealer […]
March 29, 2017
Need an employer await a formal sexual harassment complaint prior to commencing procedures?
Labor Law and Immigration
An employer suspects existence of sexual harassment in the workplace. Is the employer obligated to investigate the suspicion or need it await an official complaint submitted to the supervisor of prevention of sexual harassment? The Israeli Sexual Harassment Law stipulates many obligations of employers, including the obligation to publish procedures for the prevention of sexual […]
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