Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeUpdate of the law office of Warshaw Burstein, LLP on Tax Benefits of Operating Through an LLC Instead of a Corporation for Home-Based Businesses
International Transactions and Dispute Resolution
July 6, 2016 Tax Benefits of Operating Through an LLC Instead of a Corporation for Home-Based Businesses Our tax partner, Barry Klingman, authored an article entitled “Tax Benefits of Operating Through an LLC Instead of a Corporation for Home-Based Businesses” that appeared in the June 23, 2016 issue of Home Business magazine, available in its […]
An obscure waiver of rights under employees protective laws will not be enforceable
Labor Law and Immigration
Dispute Resolution
An employee filed a claim for rights for the period of employment and its termination but the employer brought up a general waiver signed by the employee. The Court held that to check the validity of a waiver three main conditions should be examined: Is the text of the waiver clear, whether the employee received, […]
The partner managing the partnership accounts has the burden of proof to show that the accounts are true and correct
Business, Corporate and Joint Ventures
Dispute Resolution
Two companies entered into a joint venture with one of them managing the project and setting off amounts from the sum to be paid to the other. The other moved the Court to order that accounts be given and following this to receive half of the projects proceeds other than amounts specifically agreed to be […]
Texts describing manner of use of products may be copyrights protected
Commercial, Banking and Financial
Dispute Resolution
Copyright, Trademarks Media and Artists
A company that sells its products through a website discovered that one of its distributors opened another website for marketing the same products using images and descriptions taken from the company’s website. The Court held that the originality requirement in a creation is the first requirement for the existence of copyright in the work, and […]
Transfer of activity to a new company may entitle the company warrant holders to compensation
Mergers and Acquisitions
Business, Corporate and Joint Ventures
Dispute Resolution
An investment banker signed an agreement under which it is entitled also to warrants in the companies for which it worked to find investors. The shareholders of the companies at some point incorporated a new company, transferred to it the activity of the companies and went public with such company. The investment banker claimed to […]
Polish GAAR to Enter into Force on July 15, 2016
Taxation and Government Incentives and Funding
International Transactions and Dispute Resolution
Dr Janusz Fiszer Associate Professor at the Warsaw University School of Management and Partner at the GESSEL Law Office Warsaw On May 13, 2016 Sejm, the lower chamber of the Polish Parliament, passed amendments to the 1997 Tax Code, introducing the General Anti-Avoidance Clause (GAAR). The relevant provisions shall enter into force on July 15, […]
The Meaning of a Back-to-Back Agreement Clause
Commercial, Banking and Financial
A client of our firm acted as a subcontractor in a construction project. When it was time for our client to receive payment, the primary contractor argued that because it did not received payment from its customer, it is not obliged to pay the subcontractor, despite the fact that there is no agreement between the […]
Dismantling fixtures permanently connected items is a breach of an undertaking to sell the apartment in AS IS condition
Real Estate
Dispute Resolution
An apartment purchaser discovered upon receiving possession that many items were taken by the sellers. The Court held that an apartment includes all fixtures – items that are permanently connected to it. In order to determine what item is a fixture the Court will use the test of the possibility of separation and examine whether […]
