Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeGoods infringing on copyrights can be seized even if targeted to the Palestinian Authority Territories
Commercial, Banking and Financial
Dispute Resolution
Copyright, Trademarks Media and Artists
מחוזי ת"א: לבעל סימן מסחר הזכות שלא ייעשה בו שימוש לקידום מוצר אחר; גובה הפיצוי ללא הוכחת נזק תלוי בעוצמת הפגיעה בזכות; ניתן לעצור בישראל גם סחורה המיועדת לשטחי הרשות הפלסטינית.
A flaw in a bank guarantee attached to a tender bid disqualifies the bid
Public Law, Environment and Tenders
Dispute Resolution
A bidder attached to its tender bid a bank guarantee with validity shorter than required in the tender documents. The Court held that the rule regarding bank guarantees is that a flawed guarantee disqualifies the proposal. Only in rare situations the flaw can be cured and this is when the error was a clerical error […]
A corporation can be compensated for defamation without proof of damage
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Privacy, GDPR, Confidentiality and protection of reputation
A person published that a company causes air pollution and morbidity. In another case a person published defamation about company’s products and service. The supreme court held that the prohibition of defamation law does not require the existence of a damage and defines a person as an individual or a corporation. Consequently, a corporation can […]
When Courts decide that investments experience is not necessarily an advantage
Recently a number of cases in which investors lost their money made their way to the headlines. In many of such cases, the investors who lost their money were inexperienced and it seemed that the Court sought to use its power to protect them, but will the same apply where the investors were experienced? In […]
An illegal imposition of a lien on a bank account is defamation
Commercial, Banking and Financial
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
The Tel-Aviv Municipality imposed a lien on the business bank account of a lawyer due to a city tax debt of the spouse of the lawyer. The municipality registered the lawyer as the holder of the property based on the fact that she is married to the holder and property owner and without showing any […]
The fact that a building is to be refurbished under TAMA38 is a material fact that need be disclosed to a lessor
Real Estate
Dispute Resolution
A lessee of a property demanded compensation from the apartment owner after it was revealed to him, six months after the signing of the lease agreement, that preparations for construction work began in the building for the purpose of a TAMA 38 project and after he had to leave the apartment because of it. The […]
Lack of demand to exercise right of first refusal will be deemed a waiver even in case of faulty procedure
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder in a company sought to sell his shares and therefor sent the other shareholder a notice of right of first refusal. Later he sold not only the shares but also all right to repayment of loans from the company. The articles of association demanded grant of right of first refusal notice to include […]
A non-Israeli common law spouse of an Israeli does not need to obtain his foreign citizenship as part of the graduated process
Dispute Resolution
Labor Law and Immigration
A non-Israeli common law spouse of an Israeli has completed the graduated process to obtain Israeli citizenship. After the procedure was completed and before receiving the Israeli citizenship, the Ministry of Interior required the non-Israeli common law spouse to abandon his foreign nationality, a prerequisite that is not demanded from married couples. The Ministry of […]
Update of the law office of Warshaw Burstein, LLP, an American member of the EALG, as to SEC new regulations that increases Dollar amount threshold test for “Qualified Clients”
International Transactions and Dispute Resolution
Capital Markets and Stock Exchange Regulations
July 28, 2016 SEC Increases Dollar Amount Threshold Test for “Qualified Clients” Section 205 of the Investment Advisers Act of 1940, as amended (the “Advisers Act”) prohibits a registered investment adviser (“RIA”) from receiving performance-based compensation from clients. Rule 205-3 (the “Rule”) under the Advisers Act exempts from this prohibition clients that are […]
