Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA person acting without good faith may not file a derivative claim in a company
Business, Corporate and Joint Ventures
Dispute Resolution
A woman whose son worked for the Israeli Electric Company (IEC) and whose termination resulted in legal proceedings against the IEC, purchased an IEC share and demanded documents from the IEC for the filing of a derivative claim – a claim on behalf of the company against its officers – following a settlement between the […]
The higher the position of a company officer the higher are such officer’s fiduciary duties
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder who also served as a senior manager opened a competing company. The Court held that the manager’s activity in the competing business constitutes a breach of his obligations to the company. The main duty imposed on an officer in a company is to act solely for the benefit of the company and to […]
A condominium bylaws trump over specific management agreements the preceded it with regards to payment of management fees
Real Estate
Dispute Resolution
A management company of a commercial building registered as a condominium demanded from unit holders to pay management fee as per the specific management agreements signed with it, while the condominium bylaws recorded after the execution of the management agreements set that management fee is paid pro rata to the size of the unit compared […]
An employer who dismisses a pregnant employee must show that the dismissal was not related to her pregnancy
Labor Law and Immigration
Dispute Resolution
A law firm employed an employee in his firm for 9 months. The employee discreetly told the office manager that she is pregnant and was dismissed a few days later. The Court ordered the employer to compensate for the dismissal of the employee due to her pregnancy. Israeli law prohibits the dismissal of pregnant women […]
How about a “Go to Jail” agreement?
Competition
Business, Corporate and Joint Ventures
Criminal Law
An article on the liability of directors and officers to antitrust offences of the corporation
A dispute concerning an international transaction will discuss in Israel whether it has a clear connection to the State of Israel
International Transactions and Dispute Resolution
Dispute Resolution
Due to a delay in the delivery time from China of N95 masks intended for the fight against the Covid-19, the purchaser was forced to order such from another supplier and therefore cancelled the order and demanded a refund. The Court held that the case would be heard in Israel and not in China. When […]
Negotiating for a company without involvement of the board of directors and proper legal advice may be deemed oppression of the investors
Business, Corporate and Joint Ventures
Mergers and Acquisitions
Dispute Resolution
A high-tech entrepreneur raised funds from investor for a company in the cellular field, but for 7 years and despite winning prizes and many negotiations with technology giants, including Sony, LG, Amazon, Motorola, Google, Microsoft, Nokia, Intel, Verizon and others, no transaction was executed due to problematic management, including negating with Google without the presence […]
