Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAlthough an illegal agreement is not enforceable the party who initiated the illegality cannot take advantage of it so as not to pay
Commercial, Banking and Financial
Dispute Resolution
A subcontractor who completed the construction demanded payment from the main contractor, among other things due to the expenses incurred because of the extension of the construction period, but the main contractor contended that no building permit was ever obtained – when the construction period is due from the date of receipt of the permit, […]
Use of a work of art may be deemed a copyright infringement even if the result of the use if distributed for free
Copyright, Trademarks Media and Artists
Dispute Resolution
The Migdal Insurance Company used the works of artist Yaakov Wechsler, which were included in the calendar that was distributed by the company for free to its customers. The Court held that the use of Wechsler’s works in the calendar amounts to copyright infringement. The artist (and after demise of the artist – the successors) […]
Obtaining a building permit to make a change in the common areas does not enable the change absent consent of the tenants
Real Estate
Dispute Resolution
A tenant in a condominium broke down a wall from his apartment for the purpose of building an exit to the common yard without the consent of the other tenants, but after receiving a building permit for it. The Land Registry Supervisor held that the opening of the wall was done illegally and the tenant […]
The Prince – 2021
Business, Corporate and Joint Ventures
An article dealing with The Representative Problem in companies, the need for corporate governance and to avoid personal responsibility and not allow non-senior executives in the company to negotiate on its behalf or negotiate without the assistance of a lawyer, especially when it comes to a public company
A company may be entitled to receive criminal investigation materials against its manager in order to open proceedings against the manager
Business, Corporate and Joint Ventures
Dispute Resolution
After a controlling shareholder in a company was convicted of fraud, breach of fiduciary duties and embezzlement of funds of the company as well as various other offenses under the Securities Law, the company filed a claim against him and demanded to receive all the criminal investigation materials. The Supreme Court held that the criminal […]
A contractual labor dispute jurisdiction clause will usually be honored
Labor Law and Immigration
International Transactions and Dispute Resolution
Dispute Resolution
Senior executives of an Israeli company that is part of the Playtech Group and wholly owned by a company incorporated in the Isle of Man, which is a subsidiary of another Isle of Man company traded on the London Stock Exchange, filed a claim with the Israel Labor Court, for a bonus under the group […]
A shareholder who embezzled can be removed from the company and this does not constitute minority oppression
Business, Corporate and Joint Ventures
Dispute Resolution
A 25% shareholder in a company that owns a store ran the store until he took money from the company due to a gambling debt. He informed the other shareholders of this and undertook to repay the funds but they immediately terminated his employment as the store manager and as a director of the company […]
