Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIncorporation of a competing business by an employee while being employed is a breach of fiduciary duties justifying a cease and desist order
Dispute Resolution
Labor Law and Immigration
Employees of a company dealing with immigration permits resigned, opened a competing business and in cooperation with the company’s lawyer changed the password of the email use through which the company communicated with the Immigration Authority, thus effectively paralyzing the company. Concurrently the employees approached clients of the company, informed them of the intent to […]
A foreign verdict will be enforced even if service of process of the original statement of claim was not pursuant to the law of the jurisdiction granting it
Commercial, Banking and Financial
International Transactions and Dispute Resolution
Dispute Resolution
A Russian resident who relocated to Israel guaranteed to the bank debts of a company owned by him and the Russian Court granted a verdict against him in default of defense in the amount of ILS 52 million. The Bank sought to enforce the judgment in Israel but the defendant argued that the statement of […]
A municipality will be obliged to issue an approval document for the Land Registration Office in case of legitimate tax planning aimed to evade betterment levy
Real Estate
Dispute Resolution
A municipality refused to issue an approval document for the purpose of registration and transfer of land rights at the Land Registration Office on the grounds that the property owner sold its rights in a haste to a public organization (exempt from betterment levy) days before a city building plan entered into effect in order […]
Usurping lack of knowledge of a shareholder for diluting the shareholder or having it execute waiver is oppression of the minority
Business, Corporate and Joint Ventures
Dispute Resolution
International Transactions and Dispute Resolution
A Swedish shareholder of an Israeli company trusted the other shareholder, who was an Israeli. When the company was in distress, the Israeli shareholder sought investment in the company while diluting the Swedish shareholder and finally had the Swedish sign a waiver of rights in the company while withholding material information from him. The Court […]
Confidentiality of arbitration proceedings in Israel
Dispute Resolution
Any law school graduate will explain that one of the main advantages of arbitration proceedings on Court proceedings (beyond the fact that the arbitrator may have expertise in the required field, one may arbitrate in a language that is not necessarily Hebrew and the process is usually faster than Court proceedings) is that arbitration proceedings […]
One may receive an order of search and seizure at the home of an employee upon showing existence of a trade secret and apprehension of larceny thereof
Commercial, Banking and Financial
Dispute Resolution
Labor Law and Immigration
An employee took confidential clientele list after a hearing and before being terminated and in the hearing it was discovered that he has done this several times before. The company filed a motion for an order of receivership of the employee personal G-Mail electronic mailbox at his home, known as “Anton Piller”. The Regional […]
Binary options are deemed securities and the Israel Securities Authority is authorized to supervise trading arenas of such options
Commercial, Banking and Financial
Dispute Resolution
Business, Corporate and Joint Ventures
The Israel Securities Authority instructed a binary options trading company to immediately cease and desist operations until receiving a trading license. The Court rejected the motion of the company and held that although the definition in the Israeli Securities Law is vague and it is not clear whether it includes trading instruments such as binary […]
Generally an importer may use trademarks of the manufacturer for the sale of products even if another importer has exclusivity
Commercial, Banking and Financial
International Transactions and Dispute Resolution
Dispute Resolution
A manufacturer and an importer moved the Court for a temporary order of cease and desist to prevent a parallel importer to use the trademarks of the manufacturer, arguing that the moving importer has exclusivity from the manufacturer. The Court rejected the motion for the temporary order and held that although a registered trademark in […]