Legal Updates

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Unclear concepts in the agreement will be interpreted according to its purpose, business objective, its content and legal and economic logic

Commercial, Banking and Financial·Dispute Resolution
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An employee resigning due to sexual harassment at the workplace is deemed dismissed and entitled to severance pay

Labor Law and Immigration·Dispute Resolution
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Fiduciary duties of an officer of a company prohibit competition with the company or use of company business opportunities

Business, Corporate and Joint Ventures·Dispute Resolution
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Exercising an option subject to conditions does not constitute an exercise

Dispute Resolution·Real Estate
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The default in case of filing a claim by a company is obligating it to deposit a guarantee for the expenses of the defendant

Business, Corporate and Joint Ventures·Dispute Resolution
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In certain cases a shareholder or a director may file a claim on behalf of the company

Business, Corporate and Joint Ventures·Dispute Resolution
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A contractual obligation of non-compete must be made by an explicit agreement. Read more at: http://www.afiklaw.com/updates/8840

Commercial, Banking and Financial·Dispute Resolution
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Transfer of shares that does not meet the formal requirements may still be valid

Business, Corporate and Joint Ventures·Dispute Resolution
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Non-eviction of a squatter for years does not prevent withdrawal of the created implicit license

Dispute Resolution·Real Estate
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A passenger is to arrive on time to the gate itself and delay for reasons related to the passenger is his responsibility

Maritime, Aviation and Transportation Law·Dispute Resolution
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Setting of options expiration date in an option agreement will trump over the language of the employees stock option plan

Business, Corporate and Joint Ventures·Dispute Resolution
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A long-standing agreement between tenants in common may create exclusive usage rights in the land

Dispute Resolution·Real Estate
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Raising of capital by a company from its shareholders need be for the benefit of the company, equal and fair to all shareholders

Business, Corporate and Joint Ventures·Dispute Resolution
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A CEO who acted without authority may obligate the company but be personally liable to the company

Business, Corporate and Joint Ventures·Dispute Resolution
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An active manager in a company that entered liquidation may be personally liable for all its debts

Business, Corporate and Joint Ventures·Dispute Resolution
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Commencement of a new employment during prior notice period stops the right to salary

Labor Law and Immigration·Dispute Resolution
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A shareholder can not expect the company’s articles not to change unless he agrees to the change

Business, Corporate and Joint Ventures·Dispute Resolution
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A subcontractor may not file a claim against the customer absent a direct agreement between them

Commercial, Banking and Financial·Dispute Resolution
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A realtor is entitled to commission only if he had the client sign an order to perform an act of brokerage

Dispute Resolution·Real Estate
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Deposit of clients funds into the company’s regular account may result in personal liability to managers

Business, Corporate and Joint Ventures·Dispute Resolution
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An arbitration agreement obligates only to the parties thereto and cannot be applied on a control holder of a party

Commercial, Banking and Financial·Business, Corporate and Joint Ventures·Dispute Resolution
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The general assembly of a sport association may decide on any matter, but is subject to the administrative reasonableness requirement

Business, Corporate and Joint Ventures·Dispute Resolution
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An employer must act to prevent sexual harassment at the work place

Labor Law and Immigration·Dispute Resolution
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Building rights on the roof of a condominium belong to all residents even if the roof was attached to the upper apartment

Dispute Resolution·Real Estate
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