Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeEngagement of an employer with a single shareholder company held by an employee does not by itself prevent employer-employee relationship
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
An employee of a financing company founded a company that deals with project financing and supplied services to the employer and then resigned. The employer contended, inter alia, that the employee is not entitle to receive commissions for an unfinished project due to his resignation. The Court dismissed the employer’s claims in full and held […]
Corporate control agreements – cooperation or coercion?
Business, Corporate and Joint Ventures
Two entrepreneurs incorporated a company and want to ensure their control over it even after the entry of investors. The way to ensure this may be through a ‘control agreement’ or a ‘voting agreement’, in which the parties may undertake to agree between them on any vote before casting it. But then it may turn […]
Globes: Bank Leumi revealed a customer’s secret account to his ex-wife – and was ordered to pay compensation
Commercial, Banking and Financial
Dispute Resolution
An article in Globes, reporter Avishai Grinzwig, dated 24.09.2020, about a case in which the Afik & Co. law office won against Bank Leumi
COVID-19 is not ground for exiting a contract if it is not possible under its terms
Commercial, Banking and Financial
Dispute Resolution
Lessees who ceased to pay rent sought to prevent forfeiture of the guarantee given as part of the lease agreement, contending that the COVID-19 crisis amounted to a frustration of the contract, but on the other hand refused to vacate the property. The Court held that the lessor has the right to forfeit the guarantee, […]
A person can not be recognized as a third parent but contractual rights regarding the child may be recognized
Parentage, Surrogacy and Adoption
Dispute Resolution
A man and a woman decided to conceive a child as co-parents. When they were unable to conceive, the woman’s life-partner donated eggs which were fertilized by the man’s sperm and implanted in the woman’s womb, resulting in the birth of two kids. The three parties signed an agreement, setting their rights and duties regarding […]
Defects in an apartment that were not disclosed or repaired by the lessor may justify a cessation of payment of rent
Real Estate
Dispute Resolution
A lessee was forced to leave an apartment due to multiple defects which prevented him from using the apartment. The lessee was not notified of such defects when he entered the apartment and such were not repaired by the lessor, despite many notices on the lessee’s part. The lessee demanded full refund of rent. The […]
A mark that includes a figure of a polo player riding a horse and waving a polo racket is part of the public domain and is not worthy of protection
Commercial, Banking and Financial
Dispute Resolution
Copyright, Trademarks Media and Artists
A global fashion company with a registered trademark consisting of a figure of a polo player riding a horse, contended that goods of a competing company are to be destroyed because it imported, marketed and distributed in Israel goods bearing a mark with similar characteristics. The Court dismissed the claim and held that although both […]
A person is personally liable for transactions made through its business if not a corporate
Business, Corporate and Joint Ventures
Dispute Resolution
International Transactions and Dispute Resolution
An Australian company purchased goods from an Israeli supplier, who issued receipts under its private tax file, but the goods were never supplied. The supplier contended that she is not personally liable the failure in the supply because she managed the transaction through a company incorporated a few days after ordering the goods. The Court […]