Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA business partnership requires substantive intent to partner and participation in the venture’s risks
Business, Corporate and Joint Ventures
Dispute Resolution
A business consultant claimed to be a partner in a business venture of an industrial design company and demanded access to financial data and a share of the profits. The Court rejected the claim regarding the existence of a partnership and held that the relationship between the parties was strictly a principal-contractor relationship and not […]
The Hours of Work and Rest Law will not apply when it is not possible to separate the working hours from the employee’s private time
Labor Law
Dispute Resolution
Workers on the farm lived there with their families and worked day and night at varying hours according to the needs of the farm. The Labor Court held that the Hours of Work and Rest Law does not apply to the employment the workers due to employer’s inability to supervise. The Israeli Hours of Work […]
A tenant is entitled to terminate a lease agreement if severe defects exist in the leased property that the landlord failed to repair
Real estate in Israel and around the world
Dispute Resolution
A tenant terminated the lease agreement for an office she rented before the end of the stipulated period, in light of severe defects discovered, including recurring leaks and strong odors originating from a butcher shop located above the office (also owned by the landlord). The Court determined that the lease agreement is terminated. In a […]
When the Past Haunts Us: On Criminal Records and Their Expungement
Criminal Law
An article discussing the meaning of the criminal record and how one can expunge it. The article was written by Adv. Eduardo Maiseleff of Afik & Co.
A machine cannot be considered an ‘inventor’ under the Israeli Patent Law because it is not a human being
Copyright, Trademarks Media and Artists
Dispute Resolution
A patent application was filed as part of an international project aimed at formulating policies for granting intellectual property rights to inventions created by artificial intelligence. The application stated that the applicant for the registration of the invention is the representative of the inventor, an artificial intelligence (AI) machine, which generated the inventions autonomously and […]
When ESOP are subject to terms to be agreed one cannot invalidate an employment agreement because of disappointment of the offered option terms
Business, Corporate and Joint Ventures
High-Tech and Technology
Labor Law
A startup company employed a scientist. The employment agreement stipulated that intellectual property belonged to the company and that the issue of employee stock options would be settled later. After 8 months, a dispute arose regarding the option terms (the company’s requirement for a vesting period and actual work), the scientist decided to go on […]
A crisis in the couple’s marriage does not turn gifts they received from their parents during the marriage into loans
Notarial Prenups
Notarial Services
Domestic Relations
Upon the couple’s separation, the husband’s mother demanded the repayment of funds she provided for the purchase of their joint apartment, contending that the transaction was a loan and that a loan agreement had been signed with the son during the marriage. The Court found that the funds constituted a gift. Under Israeli caselaw, funds […]
