Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribePublication of photograph without credit to the photographer is infringement of the moral right of its creator
Commercial, Banking and Financial
Dispute Resolution
Copyright, Trademarks Media and Artists
Media organizations published two photographs without giving credit to the photographer. The photographer sued arguing copyright infringement. The Court held that it is the moral rights of the photographer to have his name related to the work. One must not recognize the use of a work without giving credit as a fair use. In the […]
Employment of employees without financial ability of the corporation may result in personal liability of the shareholder of the company
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
An Eritrea citizen was employed as a dishwasher in a Kosher café in Israel and demanded his rights as an employee not only from the company but also from one who served as a director and shareholder in it. Among other rights it was demanded payment for the Jewish holiday days in which the employee […]
Filing a lawsuit despite an explicit clause in a share transfer agreement will cause of cancelation the agreement and return of the shares
Business, Corporate and Joint Ventures
Dispute Resolution
Mergers and Acquisitions
A shareholder sold his shares to a business man via a company in his control and the agreement contained not only a waiver of claims but a specific provision prohibiting filing of claims. Nine years later the company filed a lawsuit against the seller. The Court held that filing a lawsuit by a company knowingly […]
When it comes to TAMA 38 project not only that the majority can impose the actual execution, but also the way of execution
Dispute Resolution
Real Estate
An apartment owner in a condominium opposed the execution of TAMA 38 project of strengthening the building. The Cooperative Housing Inspector accepted the majority’s motion and confirmed the execution of the works as well as ordered that the majority’s lawyer will be authorized to sign all documents required for implementation of the works. The Court […]
Upon showing of trade secret of a company one may under certain circumstances even receive an order against a private G-Mail account of an employee
Labor Law and Immigration
Dispute Resolution
Commercial, Banking and Financial
A company had a real suspicion that a former employee took trade secrets, immediately prior to his hearing before dismissal. The company moved the Court for an order of receivership of the employee personal G-Mail electronic mailbox at his home, known as “Anton Piller”. The Regional Labor Court ordered the seizure of the private G-Mail […]
Public Hearing and Trade Secrets
Dispute Resolution
Commercial, Banking and Financial
Labor Law and Immigration
The public nature of the legal process is part of the foundations of the legal system practiced in Israel. However, sometimes the publicity may cause damage to a party and the mere threat of public proceeding may constitute a real risk that may induce payment. In other cases, one of the parties may want the […]
A Court verdict regarding of a municipal debt payment that was granted 20 years ago because lack of defense should not be canceled
Taxation and Government Incentives and Funding
Public Law, Environment and Tenders
Dispute Resolution
20 years ago a Court verdict was granted in lack of defense for failure to pay municipal taxes. 20 years later after the Court ruling the defendant filed a motion to Court and requested that the verdict that was given 2o years earlier is to be canceled on the grounds that he never received the […]
