Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeShareholders who were unaware of a liability assumed by the company will not be held liable for its debts
Business, Corporate and Joint Ventures
Dispute Resolution
Lenders provided a loan to a company that was managed exclusively by the shareholders’ cousin, who held a minority stake in the company and served as its sole director until his passing. Following his death, the company, which was left with debts, did not repay the loan to the lenders. Therefore, the lenders sought to […]
Director as a Compliance Officer – The Proactive Supervision Duty on the Way to Israel
Business, Corporate and Joint Ventures
An article on the subject of the duty of directors and officers to supervise the conduct of the corporation and its employees and the inapplicability of the business judgment rule in the absence of active action. The article was written by Attorney Gilad Bar-Ami of Afik & Co.
A unique foreign jurisdiction clause must be clear and unambiguous in a language that would otherwise be invalid
Commercial, Banking and Financial
International Transactions and Disputes and Israeli “Soft Landing”
Dispute Resolution
A non-Israeli manufacturer and an Israeli entity entered into a contractgranting the Israeli entity the right to sell the manufacturer’s products in Israel with a contract clause setting that all legal proceedings will be in the United Kingdom. After the manufacturer terminated the agreement, the Israeli party filed a suit in Tel Aviv. The Court […]
A non-Israeli plaintiff with a single asset in Israel with a cautionary note to a third party may be required to deposit a guarantee
Latam – Spain – Israel Activities
Real estate in Israel and around the world
Dispute Resolution
A Honduran citizen filed a lawsuit to cancel the sale of a real estate property he owns, his only asset in Israel, on which an additional cautionary note was recorded in favor of a third party. The Court granted the motion of the defendants htat the plaintiff deposit a guarantee to secure their costs. Under […]
The fact that an officer was personally liable for a company offense does not necessarily establish a right to compensation for the company
Business, Corporate and Joint Ventures
Dispute Resolution
The trustee in liquidation of a company sought to hold the sole shareholder and officer of the company personally liable for payment of debts, contending that the majority of the debts stemmed from the commission of criminal offenses of employing foreign workers without a permit, for which the officer was found personally liable in another […]
Attribution of serious guilt to an employee strengthens his right to a hearing and the employer must grant the employee sufficient time to prepare for the hearing
Labor Law and Immigration
Dispute Resolution
A hospital employee posted offensive nationalist remarks against the backdrop of Hamas leader Sinwar’s photo. The day after the posting, the employee was summoned to a hearing scheduled for the same day and half an hour thereafter she was terminated from her job. The Labor Court held that there was a flaw in the fact […]
A tenders committee’s decision not to award even a single point under a tender criteria of a bidder’s bid may be deemed a reasonable decision
Public Law, Elections Law and Tenders
Dispute Resolution
The tenders committee decided not to award the bidder in the tender a score of a tender criteria for which the score was significant for the purpose of winning the tender. The bidder in the tender contended that the decision of the tenders committee, de facto, prevented it from winning. The Court rejected the petition […]
Full name of a person does not need to be included in a publication to constitute defamation and it is sufficient that a reasonable person can identify the subject
Privacy, GDPR, Confidentiality and protection of reputation
Latam – Spain – Israel Activities
Knesset (Israeli Parliament) member Tali Gottlieb published on Facebook against a taxi driver. In the post, she made accusations and used vulgar swear words, using his first name (but not sir name) and attaching a picture of the back of the taxi, showing the license plate number and the name of the taxi stand. The […]
