Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribePortraying a lawyer as a dishonest person may be deemed defamation
Commercial, Banking and Financial
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A lawyer sent a letter to the executive director of the Collection Bureau and contended that another lawyer had misled the collection officers while accepting representation in the collection cases. The Court held that portraying a lawyer in a negative light and as a dishonest person constitutes defamation. Defamation is publication that may: (1) Humiliate […]
A person with investment experience who owns a stock portfolio may be deemed to have 100% contributory fault for decreasing its value
Capital Markets and Stock Exchange Regulations
Commercial, Banking and Financial
Dispute Resolution
Yossef Elovitch, brother of Shaul Elovitch who was charged with fraud and breach of fiduciary duties, contended that the State’s seizure of the stock portfolio jointly owned by him and his brother in equal parts and the manner in which the funds were released long after it has realized that half of them is owned […]
A public authority may disqualify a tender bid due to prior bad experience with a bidder even if it is not a threshold condition
Public Law, Environment and Tenders
Dispute Resolution
The Ministry of Social Affairs disqualified a tender bid due to a previous negative experience with the bidder, even though it was not a threshold condition in the tender but a quality criterion. The Court dismissed the petition and stated that an administrative authority may disqualify a bid due to negative experience even if this […]
A Will v. a Lasting Power of Attorney
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Lasting Power of Attorney
Wills and Estates
As a person paces along the path of his life, he, naturally, begins to ponder what he should do in order to protect his assets and ensure that they reach his relatives after he is gone. At the same time, he sometimes fears what will happen if his relatives have to take care of him […]
A realtor is entitled to brokerage fees even if a long time has passed since the day it presented the apartment as long as it was the effective factor in closing the deal
Real Estate
Dispute Resolution
A realtor showed an apartment to potential purchasers, but two years later they purchased it directly from its owner and refused to pay brokerage fees contending the realtor was not the effective factor in closing the deal. The Court accepted the claim and held that the realtor is entitled to its brokerage fees as it […]
Who relied on an anticipated breach but did not take measures to reduce the damage will not be entitled to compensation for such breach
Domestic Relations
Notarial Prenups
Commercial, Banking and Financial
A couple entered into an agreement to balance resources under which it was agreed that the man would pay the woman in 4 installments and give her an irrevocable power of attorney to transfer the rights to the land in her name, until full payment is received. In practice, the man did not meet the […]
