Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribePosting defamatory messages in an office WhatsApp group even without intent to harm may constitute defamation
Privacy, GDPR, Confidentiality and protection of reputation
Labor Law and Immigration
Dispute Resolution
An employer scolded an employee in an office WhatsApp group in a blatantly embarrassing and offensive manner and despite the employee’s request to apologize for his words in the group, the employer refused to do so. The Court accepted the employee’s claim and held that the texts contitute defamation. Israeli law defines defamation as something […]
A manager who defamed his company and derailed an investment may be held accountable for the damage caused
Mergers and Acquisitions
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
An operations manager tried to dissuade an investor from engaging with the shareholders in a transaction to purchase their shares, while continuously defaming the company and its shareholders and the transaction did not materialize. As a result, capital that was injected into the company by the shareholders as part of the negotiations was lost due […]
An employer whose employees were not required to keep commercial information confidential cannot contend that such information is a ‘trade secret’
Privacy, GDPR, Confidentiality and protection of reputation
Labor Law and Immigration
Dispute Resolution
Owners of a unique business selling food for rodents discovered that a couple of employees who were previously employed by them established, as soon as their employment ended, a competing business while making use of the customer information that came into their hands as part of their work for the original business. The Labor Court […]
A lessee who knowingly signs a lease in a language it does not understand may be required to fulfill its obligations
Real Estate
Dispute Resolution
A lessee signed a rental agreement in Hebrew but later refused to pay the rent, contending that he did not understand the language and was convinced that the addition of a company under his control to the agreement as an additional lessee “released” him from its obligations. The Court accepted the claim against the lessee […]
On the options to grant options
High-Tech and Technology
Business, Corporate and Joint Ventures
Labor Law and Immigration
An article on options for employees (and for the more advanced also RSUs and Phantom Shares), option taxation and the importance of duly structuring the option plan, approving it correctly, signing the employees and dealing with the trustee, in order to avoid tax accidents and enable optimal use of this important tool. The article was written by Doron Afik, Esq. of Afik & Co.
Receiving an option after termination of employment does not cancel the obligation to pay for it before its expiration date
Business, Corporate and Joint Ventures
Taxation and Government Incentives and Funding
Labor Law and Immigration
An employee received an option agreement only after his employment was terminated. The agreement only stated the expiration date of the option, but not a deadline for payment and execution. The employee sought to pay for the exercise of the option only after its expiration date. The Court rejected the claim and held that because […]
A person’s signature on a related agreement can be an indication of the authenticity of his signature on a later agreement
Business, Corporate and Joint Ventures
Dispute Resolution
Shareholders in a company contended that another shareholder sold his shares as part of executing a letter of commitment at a meeting held between them, following the execution of another agreement in connection with the sale of the shares, while the shareholder contended that he never signed the letter of commitment. The Court held that […]
False representations in an agreement may be deemed fraud which may lead to recission even if made by omission.
Mergers and Acquisitions
Dispute Resolution
Following radio interviews, which were actually part of a paid marketing campaign for the purpose of recruiting investors for the company’s activities, a man invested ILS 1.6 million in a high-tech venture that actually had no real activity, equity or other investors, while showing him that a respected law firm was accompanying the company, presentations […]