
Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAfik & Co. 2016 award winner of Corporate LiveWire magazine by Fenice Media Ltd.
Mergers and Acquisitions
On 17th October, 2016 Corporate LiveWire’s 2016 Legal Awards’ Winners Guide was published in which Afik & Co. was chosen by the Corporate LiveWire magazine http://www.corporatelivewire.com) for Excellence in Mergers & Acquisitions law firm of Israel.
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Even if a person is not a proxy of a foreign company he may still be legally served for the company
Business, Corporate and Joint Ventures
Dispute Resolution
International Transactions and Dispute Resolution
A director and CEO of a company that owns shares of a non-Israel company was legally served for the company under the assumption that he is a licensed business manager of the foreign company. The Court held that the fact that such individual serves as a director and CEO of a company that owns shares […]
Enforcement of a non-competition clause will be made only where it was shown that the employer has a legitimate interest
Labor Law and Immigration
Dispute Resolution
Commercial, Banking and Financial
An employer filed a claim against an employee to enforce a non-competition clause and a contractually agreed compensation. The Court held that case law teaches that enforcement of a non-competition provision is designed to serve only legitimate interests of the employer, such as a trade secret, investing resources in special and expensive training of the […]
Cancellation of a tender after opening the bids shall be made only in extreme and exceptional cases
Public Law, Environment and Tenders
Dispute Resolution
A tenders committee decided to cancel a tender despite the fact that a large number of bidders duly submitted their bid. The Court held that cancellation of tender is followed by issuance of a new tender under which bidders are able to improve their offers and it thus opens the door for contracting with a […]
Protection of a Well known trademark that was not registered in Israel
Commercial, Banking and Financial
Copyright, Trademarks Media and Artists
Trade mark registration bestows upon its owner the exclusive right of using it, but is there a protection in Israel also for international well knows marks that were not registered in Israel, but are identified with the product? Can one use such mark in Israel without the permission of its owner, where the mark is […]
A lessee has no duty to disclose on lessee’s own initiative past criminal records
Real Estate
Dispute Resolution
A lessor terminated the lease after discovering that the lessee has a criminal record. The Court held that the scope of the disclosure requirement of a party during negotiations depends on the practice between the parties and the specific circumstances of the transaction. There is no duty on a lessee to disclose on its own […]
One may incorporate a special purpose vehicle for a transaction and liquidate it if the transaction falls through
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Real Estate
A land owner sold real property to a company who breached the agreement, terminated by the seller due to a breach. Three years thereafter the seller filed a claim against the company, which in the meanwhile was liquidated and erased. Thus, the seller filed the claim also against the director who signed the affidavit at […]
Well-known trade mark will not be protected if it is not recognized and identified by consumers in Israel
Commercial, Banking and Financial
Dispute Resolution
Copyright, Trademarks Media and Artists
Commercial companies made commercial use of the famous artist Salvador Dali’s name for marketing clothing products in Israel. A claim was filed with the Court, claiming, inter alia, that such companies breached a registered trade mark and also a well-known trade mark. The Court held that the existence of a registered trade mark and a […]
An employee registered as holder of the shares in escrow for the employer will be entitled to rights of an employee despite being registered as a shareholder
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
Part of the conditions for a tender of the Ministry of Defense the supplier was required to be held at least 50% by an engineer. For that reason an engineer working for a company was registered as a shareholder and received separate monthly consideration for the holding in escrow in addition to the salary. Upon […]