Posts by Doron Afik

When a third party to a bill of lading demands compensation for cargo damage its claim is not limited to one year

News
A logistics company sought compensation from a shipper for damages caused to cargo transported by it from Japan to the port of Haifa, even though it did not appear as a party to the bill of lading and more than one year…

Breach of duty of disclosure by a general partner in a limited partnership and taking excess funds justifies the partnership’s dissolution

News
A general partner took from the partnership “success fees” that were hidden from the limited partners. The limited partners sought to dissolve the partnership on the grounds that although the partnership agreement stipulated that the partner would be entitled to success fees,…

Data of proprietary nature cannot be transferred by the State to another State without due process

News
The police searched a person’s computer and found recovery core for a Bitcoin wallet which were than transferred to the US authorities. After the US authorities used the information to seize that person’s bitcoins, the man sought that the seizure of the…

A bidder that does not meet the prerequisites will be disqualified and cannot be validated retroactively

News
A bidder with a criminal record relating to a violation of labor laws was selected as the winner of a tender in contrary to the threshold requirement in the tender. The Court accepted the petition and canceled the bidder’s win due to…

LEGAL UPDATES When the loan money is not transferred to the borrower but to a distant party, the lender has an increased duty of care

News
A man who was informed by the car dealer that his application for a loan for the purpose of purchasing a car had been denied, was surprised to learn that the lender had provided a loan in his favor and transferred the…

Payment to an employee that is not in accordance with the compensation plan in the employment agreement may be deemed a change in the terms of employment

News
An employer undertook in the employment agreement to provide a manager a management incentive that was limited to a ceiling of ILS 6,000 per month or ILS 72,000 per year, but in practice it paid commissions in a higher amount. Upon termination…

One who purchases services in the name of a company knowing that the company cannot pay for such may be held personally liable for its debt

News
  The sole shareholder and director of a company ordered flight tickets in the name of the company despite knowing that the company was in financial distress and would be unable to pay its debts. The Court held that the shareholder was…

Deterioration in medical condition may qualify an oral will even if the testator is not on his deathbed

News
A woman whose medical condition was rapidly deteriorating made an oral will. Shortly after making the will the woman passed away. The Court held that the oral will is valid. A person who thinks that he is dying may make an oral…

The trademark registrar may refuse to acknowledge a coexistence agreement

News
A company engaged in the provision of laundry services sought to register a trademark for the purpose of its activity and discovered that there was already an identical registered trademark which was similarly deceptive.  After the company and the owners of the…

High Tech: Which pitfall Israeli entrepreneurs should avoid?

News
In the wake of prolonged geopolitical instability, internal political uncertainty, and the rise of global anti-Israeli sentiment, a growing number of Israeli entrepreneurs are choosing to incorporate their startups abroad—seeking stability, greater access to international investors, and strategic insulation from regional volatility.…