Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA general arbitration clause in a contract will apply even if the agreement expired
In a joint ventures the parties signed a confidentiality agreement that included an arbitration clause. The confidentiality agreement also included a provision that limited the survival of the representations, warranties and covenants therein to 4 years. After the expiration of the years one of the parties sued the other in arbitration but the other argued […]
Reading Private E-Mail Messages of an Employee by the Employer
Privacy, GDPR, Confidentiality and protection of reputation
An employee accesses his private e-mail on a computer at work and neglects to disconnect from it. After the employee leaves the workplace, the employer wants to transfer the computer to another employee and finds, by chance, the open private e-mail box with an open message from which the employer learns that the employee defrauded […]
One can register an Israeli company articles of association in English
Business, Corporate and Joint Ventures
Due to a decision of the Israeli Companies Registrar from a few years ago that it will not accept articles of association of Israeli companies in English, the Minister of Justice has recently updated the Companies Regulations to fix this folly so that as of May 17, 2016, one may register an Israeli company with […]
If an investment agreement is silent as to the use of funds they can be used for any purpose
Investors purchased shares in a business coaching school. The investors claimed that the entrepreneurs did not promote the school, the funds paid were not used for the school and they even diverted work to another school owned by them. The Court held that the contract was not drafted as investment agreement but rather as a […]
To check whether an act of dismissal of an employee existed one need check how the parties saw the act at the time
Labor Law and Immigration
Dispute Resolution
An entrepreneur also served as CEO and a director in the company. In an investment agreement the parties also agreed on the continuing of employment of the entrepreneur but later the relationship deteriorated and the entrepreneur was dismissed at a moment of anger by a person who in fact was not empowered to dismiss him. […]
One who claims existence of a partnership need show it by extrinsic evidence
Business, Corporate and Joint Ventures
Dispute Resolution
As part of an unwritten agreement between the parties one party transferred funds to the other. The other party refused to repay the funds arguing that it was transferred to a partnership established by the parties and the partnership lost the funds. The court held that partnership is an association of people that partnered in […]
