Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA wide limitation of competition in a franchise agreement may be unenforceable due to contradicting public policy
Competition
Business, Corporate and Joint Ventures
Dispute Resolution
A group of franchisees of an animals’ products chain store has canceled their franchise agreements after their stores failed to show the profits they thought they were supposed to yield, but the chain claimed that under the franchise agreement, in such as case, the franchisees could not open competing stores. The Court held that representations […]
The opening of the tender box prior to the tender’s closing time may cause the tender to be canceled
Public Law, Environment and Tenders
Dispute Resolution
In each of three tenders issued by the Ministry of Construction and Housing due to a clerical error three different hours for tender closing appeared: the instruction page stated that the bids must be submitted by 10:00, at the bottom of the instructions page, and in the press publication it was noted that the time […]
Will You Marry Me (oh, but First Sign a Notarized Prenup)?
Domestic Relations
Notarial Services
A prenuptial agreement is often a source of friction when the demand is raised by one of the spouses (or, in many cases, a parent of one of them) before marriage but is an important tool for preventing future conflicts and is certainly vital when it comes to parties that already own property and they […]
Not checking the rights in land beyond the registry may cancel the Marché Ouvert protection
Real Estate
Dispute Resolution
Four brothers owned a company that engaged in the import and marketing of food products. The company also used land that belonged to the brothers. When one of the brothers retired from the activity, he sold the other brothers his rights in the land, signed an irrevocable power of attorney and even reported the transaction […]
When the balance of power between the parties to an agreement is similar, an international jurisdiction clause outside of Israel is not discriminatory
Commercial, Banking and Financial
International Transactions and Dispute Resolution
Dispute Resolution
An Israeli cooperative association and a Dutch company entered into an agreement for the supply of goods, which included a foreign jurisdictional stipulation according to which disputes between the parties are to be resolved in the Hague (the Netherlands) Courts and under Dutch law. The Haifa Court rejected the claim and held that the case […]
Clients brought by an employee are not the employee’s clients but belong to the employer
Labor Law and Immigration
Dispute Resolution
A CEO, whom did not sign a non-competition clause in her employment agreement, resigned. After leaving, she started a competing business and on her own initiative approached clients of her former employer, according to lists she had, that included information about the clients. The Labor Court held that the CEO copies parts of the […]
Use of company assets for a private project in beach of the founders agreement does not create a partnership in the project but a right to compensation
Dispute Resolution
Business, Corporate and Joint Ventures
An organizer of real-estate acquisition groups and a businessman entered a founders agreement to establish a company and cooperate in projects of the organization of real estate acquisition groups. After a while, the parties signed a separation agreement with the aim of ending the cooperation and set an agreed frame of distribution of the profits […]
