Posts by Doron Afik

Notes and social media posts containing implied threats may constitute harassment justifying a protective order

News
Although they had separated about two years earlier, a former partner left notes on the vehicle of his ex, containing implied threats, such as “my next request to see the cat will shake worlds”, and also uploaded numerous social media posts, including…

When the agreement and the parties’ intention are unclear a middleman shall only receive a fee if was the effective factor in concluding the investment

News
A startup company contracted with a broker to find investors for it and signed a brokerage agreement that stipulated that the broker was entitled to a commission for any engagement with the company “following the consultant’s referral.” The broker connected the company…

Apartment owners who refuse to enter an eviction-building agreement can be forced to do so

News
Apartment owners opposed the eviction-building agreement, even though most of the apartment owners agreed to enter into it. The Court held that the apartment owners’ refusal is an unreasonable refusal and therefore the agreement can be forced upon them.  When a qualified…

An undertaking to transfer rights ‘one hour before my death’ constitutes an agreement regarding inheritance and therefore the laws of inheritance apply thereto

News
A person who undertook by an irrevocable undertaking in writing to transfer as a gift, one hour before his death, his rights in a farm, breached this undertaking and sold such to a third party. The Supreme Court held that the undertaking…

A guarantor to a lease contract must be informed of its extension and of breach as a condition for its validity

News
Tenants vacated a property after 11 years of rental.  The original contract was signed for one year and was extended from time to time.  The landlord demanded that the guarantors be charged for rent debts and damages caused to the property. The…

A shell company that has entered a conservation list may not be used to evade the obligation to publish a prospectus to the public

News
The Israeli Securities Authority declared a public company which business activity had ceased as a “shell company,” which led to its inclusion on the conservation list and that a purchaser who sought to include private activity in the remaining shell company would…

A non-bank loan agreement may be rescinded where its full terms were not fully disclosed in writing to the borrower

News
A student enrolled in a college, where the tuition was paid in full directly to the college by a non-bank financing entity.  After a period, the student terminated his studies and paid only five out of twelve loan repayments. The Court dismissed…

Not every relationship between a manufacturer and a distributor gives rise to a right to receive accounts.

News
An Israeli distributor received a letter of authorization from a Chinese manufacturer stating that it is the exclusive distributor for one of its communication products to the Israeli YES company.  Later, a competing distributor marketed to YES a similar communication product of…

Failure to make pension contributions due to a ‘bonus’ component that is part of the salary may justify constructive dismissal

News
An employee who was employed as a salesman and whose salary consisted of a base salary and a “bonus” component resigned due to worsening conditions, as the employer contributed to a pension fund only from the base salary. The Labor Court accepted…

“Time Is Money” is not always the moto – When the Israeli Clock Meets the Latin-American Pace / Adv. David Melamed, Mr. Aiderson Gonzales

News
In the Israeli business world, a quick response is not just a question of courtesy – it is an integral part of the discourse.  When a client sends a draft at noon, he expects to receive a response by evening.  The pace…