Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeConcealing pregnancy during a hearing and revealing it only subsequently negates compensation for dismissal during pregnancy
Labor Law
Dispute Resolution
An employee demanded compensation from the employer who dismissed her while she was pregnant. The employer dismissed her for professional reasons and economic difficulties during the war period. The employee revealed to the employer that she is pregnant only a day after the hearing and did not present proof thereof. The Labor Court found that […]
Board of Directors’ resolutions adopted in the absence of a quorum, which did not receive ex post facto support from the quorum, are void ab initio
Business, Corporate and Joint Ventures
Dispute Resolution
A company filed a lawsuit by virtue of a resolution adopted at a board meeting held in the absence of a legal quorum, and without obtaining the consent of the absent director to said resolution. The Court summarily dismissed the claim due to the board resolution’s nullity. In contrast to resolutions adopted at board meetings […]
The removal of an arbitrator shall be granted only when bias is proven and not on the basis of statements taken out of context
Dispute Resolution
A party to an arbitration filed a motion to remove the arbitrator (a civil engineer) after four years of proceedings, alleging bias expressed, inter alia, through disparaging remarks. The Court rejected the motion and held that no grounds for the arbitrator’s removal were found due to lack of evidence of a real concern of bias. […]
NIS1 NIS2 – NIS who?
High-Tech and Technology
Cryptocurrency, NFT and Web-3
European Law and Regulations
An article on European standardization concerning cybersecurity regulation and the importance of adhering to it to prevent personal liability for directors and corporate officers, even if the company is not European. The article was written by Adv. Adi Marcus from the Afik Law Firm and Mr. Gabriel Marcus, a senior cyber architect, who advises companies in the cyber sector and collaborates with Afik & Co. to conduct cyber risk assessments and handle related issues.
A client’s refusal to provide information under the Anti-Money Laundering Law constitutes a basis for the refusal of banking services
Commercial, Banking and Financial
Dispute Resolution
A bank refused to open an account for an heir seeking to transfer to Israel inheritance funds from a Panamanian company’s account in Singapore. This refusal was issued as no documentation was provided to verify the source of the funds or the connection between the deceased and the foreign company that owned the account. Furthermore, […]
The termination of a contract due to the failure of a condition precedent does not extinguish all of its obligations
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Dispute Resolution
Following entry of a company into insolvency proceedings, a transaction counterparty announced the termination of the agreement due to the non-fulfillment of a condition precedent and began dealing directly with a foreign manufacturer despite contract terms stipulating non-compete. The Court held that the contract expired but the non-compete provision is valid. A condition precedent is […]
An alteration of contract by conduct requires the parties’ full intent to be bound by this change
Parentage, Surrogacy and Adoption
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Commercial, Banking and Financial
A couple decided to undergo an In Vitro Fertilization (IVF) procedure, during which joint embryos were created and frozen. Prior to commencing the procedure, the couple signed an agreement requiring mutual consent at every stage of the process up to the transfer of the embryos into the uterus. However, before the transfer of the embryos, […]
