
Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIt is forbidden to use a company name which may mislead the public that it is another company
Business, Corporate and Joint Ventures
Dispute Resolution
A man founded a company with a name that includes his full name. Thereafter, members of his family founded a company with a name that also includes the shared surname and deals in the same areas of activity. However, after decades of activity and an agreement between the parties that the first company would be […]
A contract interpretation that leads to an absurd result cannot be accepted even if the agreement sets a broad discretion
Real Estate
Dispute Resolution
Two parties each held half of a plot of land. After one discovered that approximately 34 square meters of its share had been taken by the other, the parties reached a compromise under which the other would return the taken land, with the location of the returned land to be chosen by it. The area […]
An employer is not permitted to use the tips received by his employee to pay social benefits without the employee’s consent
Labor Law and Immigration
Dispute Resolution
Waiters employed at the luxury restaurant “Segev” received their salary from a shared tips pool. In 2019, the restaurant unilaterally decided, without the employees’ consent, to deduct 20% from the tips to fund social benefits and related contributions. The employees objected to the change and even took organizational steps to oppose it. The National Labor […]
Assets of a trust actually controlled by a spouse will be deemed assets to be balanced upon divorce
Trusts
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A husband regularly transferred most of his income to trusts, in which he acted as the protector. The trusts were formally administered by independent trustees but were actually controlled by the husband through letters of wishes enforced by the abuse of his powers as the protector of such trusts. The Court held that the trusts’ […]
If a divorce is not arranged upon demise of one of the spouses the other will be deemed married to the other even if were separated
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
When the father died without a will, the daughter contended that her parents were separated and did not maintain a joint household in the last years of their lives, and therefore the mother is not entitled to half of his estate and should not be recognized as an heir. The Court found that for purposes […]
When parties agree on a transaction and only the drafting of the agreement remains negotiation in bad faith is a breach of agreement
Real Estate
Dispute Resolution
A parties signed a lease agreement alongside a document entitled ‘Option to Purchase a Property’ which stipulated that the apartment will be sold during the lease period or at the end thereof and the parties will jointly act to finalize a sale contract. In practice, the lessor did not agree to make any changes to […]
In oppression of a shareholder resulting in the purchase of shareholder’s shares by the other the price will be determined as at the date of the deprivation
Business, Corporate and Joint Ventures
Dispute Resolution
A minority shareholder of a company in the hotel industry demanded that the control holder purchase his shares due to his oppression in 2017 and that the purchase will be at a higher value prior to the Covid-19 epidemic that erupted in 2020 and affected the hotel industry. The Court held that for the purchase […]
The Options Following the Last Option – On Divorce and Options
High-Tech and Technology
Business, Corporate and Joint Ventures
Dispute Resolution
An article on the question of whether employee stock options granted to a married employee, or one who married before they were mature, are considered joint property of the employee and his or her spouse. The article was written by Attorney Gilad Bar-Ami of Afik & Co.