Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
Subscribe Representations in a transaction regarding the future will not constitute misrepresentation unless there was no intention to fulfill them
International Transactions and Dispute Resolution
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Investors who invested in two failed real estate projects in Eastern Europe and lost their investment sued the marketing company, inter alia due to false representations as to project’s prospect. The Court held that a misrepresentation is a representation of a reality that is inconsistent with the actual reality, either negligently or deliberately misleading, either […]
A shareholder of a company selling its activities without settling its accounts with the employees might be personally liable
Business, Corporate and Joint Ventures
Dispute Resolution
Labor Law and Immigration
A restaurant was managed by a limited liability company, which sold the restaurant to a third party before entering into liquidation proceedings. A cook in the restaurant sued the person who was the only shareholder and director of the company for unpaid social benefits, such as severance pay, overtime payment and absence of prior notice […]
A non-Israeli company is to deposit a guarantee upon filing a claim, except in exceptional cases
International Transactions and Dispute Resolution
Business, Corporate and Joint Ventures
Dispute Resolution
A non-Israeli company filed a claim in Israel and argued that it is a subsidiary of a well-known public company and is under the control of a wealthy businessman. The Court held that ordinarily a claiming company is to deposit a guarantee for costs, especially in the case of a non-Israeli company, unless extraordinary circumstances […]
A land sharing agreement requires recording but may obligate a third party who did not examine the existence of such an agreement
Dispute Resolution
Real Estate
Co-owners of real estate executed a real estate partnership agreement but did not record it, nor recorded a cautionary notice in respect thereof, with the Land Registry. About five years later one of the owners sold his holdings to a third party in an agreement that does not give notice of the partnership agreement. The […]
Why was my bequest in the will disqualified? I just wanted to help!
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Wills and Estates
Dispute Resolution
A person writes a will and wishes to bequeath the assets to his children. Naturally, the children also help him prepare the will, drive him to the lawyer, maybe even stay in the room during the meeting to assist the parent, but discover years later that the bequest to them under the will is disqualified […]
Issuing of an invoice to a company may show agreement to contract vis-à-vis the company and not its shareholders
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
High-Tech and Technology
A dating application developer filed a claim for non-payment for his services both against the two persons who ordered the development services and their company, including for working hours for changes required during the development of the application. The company contended that the application did not work in closed places even though the system characterization […]
An employer may receive emails of employee concerning the business and not personal affairs of the employee
Dispute Resolution
Labor Law and Immigration
Commercial, Banking and Financial
A dismissed employee sent himself by email a confidential database of the employer. The employer moved the Labor Court who appointed a receiver to seize the computer, cellular phone and personal GMAIL mailbox of the employee. The employer demanded to receive GMAIL correspondence of the employee with third parties to which the employee sent the […]
