Afik News 212 31.08.2016

Afik News 212 31.08.2016

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Legislative Updates

July 26, 2016

Manager of a company closed and replaced by another will be personally liable only if committed fraud

An Israeli company purchased Chinese goods via a foreign company controlled by an Israeli.  The Israeli company claimed that the foreign company breached the agreement and caused damage but because the foreign company was closed and replaced by a new foreign company the claim was filed against the foreign company that replaced it and the Israeli who was both shareholder and director thereof...

August 22, 2016

A company filing a claim will usually be ordered to deposit a guarantee for defendant’s expenses

A company that has been sued by another company demanded claimant to deposit a guarantee for its expenses...

August 15, 2016

A person issuing invoices and registered as independent at the tax authorities may still be considered employee

A Lawyer filed a claim for recognition of her status as employee in a law firm and for rights as such for the period of employment and for the termination of employment, all despite the fact that she worked as an independent contractor and issued invoices to the office...

August 9, 2016

Using a similar mark of a registered trademark will be considered as infringement that entitles compensations

A trade mark owner filed a lawsuit against a company in Israel on the grounds that it infringes on its registered trademark by marketing shoes. The Israeli company argued that no infringement can be attributed to it because there is no similarity between the signs and there are substantial differences between the companies' products...

June 16, 2016

A lessee of a property is not entitled to offset future damage due to defects in the property

A lessee of a property failed to deliver upcoming rent payments to the lessor claiming that there were deficiencies (floods and moisture) in the leasehold which caused damage and may cause future damage that is likely to increase, because of alleged difficulty in leasing the leasehold to a sublessee in the future. The lessor wished to terminate the agreement...

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