Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAn importer agreeing to have its name printed on the packaging by the manufacturer agrees to us of it by parallel importers
International Transactions and Dispute Resolution
Commercial, Banking and Financial
Dispute Resolution
A parallel importer distributed in Israel products bearing the name and details of the official importer that were printed on the packaging by the manufacturer (together with names of several official importers worldwide and alongside a sticker with details of the parallel importer). The official importer argued that this is a tort of passing off […]
Breaching of provisions of a partnership agreement as to the liquidation of the partnership may result in cancelling of any future limitation
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
An importer entered into a partnership with another with a partnership agreement that stated that upon the desire to liquidate the partnership, the parties will work for three months to dismantle the partnership, after which the importer will be able to import exclusively certain manufacturers’ products. When procedures for liquidating the partnership began, the importer […]
Knowledge of a trade secret is a legitimate interest that justifies, under certain circumstances, enforcement of a restrictive provision in an employment agreement
Dispute Resolution
Labor Law and Immigration
High-Tech and Technology
An online gaming software development company moved the Court for an injunction to prevent a former employee from working for a competing company because he signed a commitment not to compete with the company for 6 months after termination of employment. The Court held that an employer’s desire to prevent employees from competing is by […]
The Court may disqualify a creditor’s vote if irrational and motivated by extraneous considerations
Business, Corporate and Joint Ventures
Dispute Resolution
A bankrupt filed a motion to approve a proposed creditors’ settlement under which the creditors would be repaid in full. One of the creditors, the ex-wife of the debtor, objected to the arrangement. The Court rejected the objection of the debtor’s ex-wife, disqualified her vote, and held that in exceptional circumstances in which a creditor […]
Money from the State? Sounds Chinese to Me
High-Tech and Technology
Taxation and Government Incentives and Funding
International Transactions and Dispute Resolution
Every entrepreneur understands that in order to facilitate the innovative project conjured by him he needs funding. How? From whom? and how much would it cost? These are the main questions that bother many entrepreneurs because their significance is acute in realizing the project and turning it from a “brilliant idea” into a successful start-up. […]
The seller’s duty of disclosure at the sale of an apartment should not be extended to the cause and reason of a defect in
Real Estate
Dispute Resolution
A purchaser of an apartment claimed that the seller hid from her the condition of the plumbing in the bathroom that was later discovered to be rusted and required a complete replacement including replacement of flooring and bath in the bathroom. The Court held that a purchaser may raise a claim of non-conformity if the […]
Employment laws fully apply in startup companies even if employees receive employee options
High-Tech and Technology
Business, Corporate and Joint Ventures
Labor Law and Immigration
A senior employee of a start-up company was dismissed together with all other employees due to financial difficulties the company suffered and filed a claim against the company and one of its founders who also served as CEO as of the incorporation of the company. Among other defenses it was argued that the employment laws […]
Amendment of articles of association designed to thwart a share sale transaction in the Company constitutes oppression of the minority
Business, Corporate and Joint Ventures
Dispute Resolution
A minority shareholder in a company wished to sell its shares to a third party and granted the other shareholders, pursuant to the company’s articles of association, a right of first refusal and tag along rights. Following this, the general meeting was convened and it was decided to amend the articles of association, including as […]
The Ministry of Interior must receive the position of the security forces and the police prior to rejecting an application for status due to reasons of public safety
Dispute Resolution
Public Law, Environment and Tenders
Labor Law and Immigration
A spouse of an Israeli citizen applied for status by virtue of marriage but the Israeli Ministry of the Interior rejected the motion due to public security reasons. The Court held that where the authority decides to reject a motion for status for reasons of public safety it is required to first receive the position […]
