Afik News 219 07.12.2016

Afik News 219 07.12.2016


Legislative Updates

November 22, 2016

Filing a lawsuit despite an explicit clause in a share transfer agreement will cause of cancelation the agreement and return of the shares

A shareholder sold his shares to a business man via a company in his control and the agreement contained not only a waiver of claims but a specific provision prohibiting filing of claims. Nine years later the company filed a lawsuit against the seller...

November 16, 2016

Employment of employees without financial ability of the corporation may result in personal liability ‎of the shareholder of the company

An Eritrea citizen was employed as a dishwasher in a Kosher café in Israel and demanded his rights as an employee not only from the company but also from one who served as a director and shareholder in it. Among other rights it was demanded payment for the Jewish holiday days in which the employee did not work despite the fact that he is Christian and therefore such days are not holidays for him...

November 29, 2016

Upon showing of trade secret of a company one may under certain circumstances even receive an order against a private G-Mail account of an employee

A company had a real suspicion that a former employee took trade secrets, immediately prior to his hearing before dismissal. The company moved the Court for an order of receivership of the employee personal G-Mail electronic mailbox at his home, known as "Anton Piller...

November 10, 2016

Publication of photograph without credit to the photographer is infringement of the moral right of its creator

Media organizations published two photographs‎ without giving credit to the photographer. The photographer sued arguing copyright infringement...

November 20, 2016

A Court verdict regarding of a municipal debt payment that was granted 20 years ago because lack of defense should not be canceled

20 years ago a Court verdict was granted in lack of defense for failure to pay municipal taxes. 20 years later after the Court ruling the defendant filed a motion to Court and requested that the verdict that was given 2o years earlier is to be canceled on the grounds that he never received the lawsuit and did not know what and why the claim was filed against him...

November 13, 2016

When it comes to TAMA 38 project not only that the majority can impose the actual execution, but also the way of execution

An apartment owner in a condominium opposed the execution of TAMA 38 project of strengthening the building. The Cooperative Housing Inspector accepted the majority’s motion and confirmed the execution of the works as well as ordered that the majority’s lawyer will be authorized to sign all documents required for implementation of the works...