Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA liquidated damages clause based on commercial-economic logic will be enforced even if one of the parties entered liquidation proceedings
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Dispute Resolution
A car importer entered into a contract with the Better Place company for the provision of services for vehicles to be imported by it and set minimum quantities of vehicles to be handled each year and liquidated damages if the number falls below such annual quantities. When Better Place entered into liquidation proceedings the importer […]
The general permit to trade with Iraq will be in force until end of 2018
International Transactions and Dispute Resolution
Israeli law prohibits trade with enemy countries, which prohibition applies to both direct and indirect trade with an enemy country. The scope of the prohibition is very broad and includes any economic activity with the enemy or to the enemy’s advantage, without any exception. There are currently four countries only that are defined as “enemy […]
An agreement defining relations between parties will prevail over a later agreement dealing with a specific matter
Copyright, Trademarks Media and Artists
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
A shareholder in a company authorized a competitor to use a trademark of the company. Following the demise of the shareholder, the company filed a claim due to the use of the trademark. The Court held that granting permission to another to use a trademark requires registration with the Registrar of Trademarks and without registration […]
An overreaching and generic drafting of a non-competition clause may render it unenforceable
Dispute Resolution
Labor Law and Immigration
עבודה ת"א: התחייבות סטנדרטית לאי תחרות עליה חותם עובד, שאין בה דבר וחצי דבר עם עיסוקו או תפקידו והיא לא הותאמה ברבות השנים לידע שצבר עם התקדמותו בחברה נוטלת את העוקץ ממנה
One may not submit a tender offer with a straw-man when the one to perform the tender work does not fulfill the preconditions of the tender
Public Law, Environment and Tenders
Dispute Resolution
Two parties established a joint company to submit an offer for a tender of the Israeli National Security, which threshold conditions thereof only one side was able to meet. After a number of years the parties separated and the separation agreement established a stipulation of non-competition between the parties, so that each party deals with […]
New Labor law regulations of Macron’s government: overview of the most emblematic and challenged provisions
International Transactions and Dispute Resolution
European Law and Regulations
New Labour law regulations of Macron’s government: overview of the most emblematic and challenged provisions The five ordinances n° 2017-1387 of 09/22/2017 of Macron’s government reforming the French Labour Code were published on 23 September 2017. Some of the voted measures immediately came into force but others require preliminary enforcement decrees announced by the end […]
A manager who transacted knowing that the company will not be able to manage the transaction will be personally liable.
Business, Corporate and Joint Ventures
Dispute Resolution
A sole shareholder of a company ordered goods from another company in high amounts while creating a debt in respect of the goods supplied. The supplier sought to pierce the corporate veil and attribute the company’s debts to its only shareholder and manager, arguing that he transacted knowing that the company will not be able […]
You lost the tender, is it the end of the story?
Public Law, Environment and Tenders
Maritime, Aviation and Transportation Law
A client of our firm, a Cypriot maritime bunkering company that we have been escorting for several years in its activity of bunkering at the Haifa Port, participated in a tender for the bunkering services at the Ashdod Port, but received a notice that another bidder won the tender. Under such circumstances need it immediately […]
A tenant in a condominium who makes a repair in the common property without prior approval is not entitled to reimbursement of expenses
Dispute Resolution
Real Estate
A tenant in a condominium performed a repair in the common property and demanded reimbursement. The Supreme Court held that the main road to repair defects in the common property is by approaching the condominium’s house committee. If the condominium’s house committee refuses to repair the defect, the tenant must file a claim to the […]
