Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribePublishing contention in a legal dispute to entities that are not parties to the dispute may be deemed defamation
Commercial, Banking and Financial
Dispute Resolution
Privacy, GDPR, Confidentiality and protection of reputation
Two business partners were involved in a business dispute and decided to dissolve their partnership. In the course of their dispute, one of the parties began to update the employees of the other party, its other business partners and service providers, while making allegations of fraud, embezzlement, forgery of documents, and more. The Court accepted […]
Not any Indemnification Letter Actually does the Work
Business, Corporate and Joint Ventures
Recently we see more and more cases of directors and officers who find themselves at the center of legal proceedings against the companies in which they serve. In many cases, the company insured the officer, but the main disadvantage of insurance (even if the insurance company does accept its responsibility) is that sometimes the insurance […]
A purchaser of real estate that does not check the property prior to the purchase risks losing its rights
Real Estate
Dispute Resolution
A property was sold twice and registered under the name of the second purchaser, the later in time. The Court held that despite the negligence of the first purchaser to record a cautionary note it should be preferred over the second purchaser, who was aware of the existence of a possessor of the property and […]
When the target market for a product is sophisticated, the chances of consumer misleading are low
Commercial, Banking and Financial
Dispute Resolution
A manufacturer of machines contended that a competitor copied and reproduced the machines developed and produced by it. The Supreme Court rejected the claim. Design infringement occurs when a person, who does not hold the right, manufactures and sells a product that comprises the design or imitates it. Passing off occurs when there is concern […]
In dismissal due to reductions the duty of hearing and the demands deriving therefrom are minimized
Labor Law and Immigration
Dispute Resolution
An employee was called for an immediate meeting with a manager at the company during which he was informed that he is dismissed for reasons of reduction. The Court ordered the employer to compensate the employee for lack of a hearing. The obligation to hold a hearing is not an absolute obligation or a “ceremony” […]
Holding of shares in escrow must be recorded at the shareholders registry
Business, Corporate and Joint Ventures
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
Investors in a company-owned construction project contended that the shareholder in the company holds shares in escrow for them and demanded that the shares be registered in their name, as well as the termination of the director’s term of office due to his indictment in a criminal offence. The court rejected the claim. The Companies […]
Articles of association must be upheld even where its provisions were disregarded in the past
Business, Corporate and Joint Ventures
Dispute Resolution
Shareholders of a company sought to sell their shares to a third party, but failed to first offer them to the other shareholders as per the right of first refusal set forth in the articles of association, contending that the majority shareholders disregard the provisions of the articles and refuse to involve the minority shareholders […]
