Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAttaching a copy of the bank guarantee to a tender bid instead of the original is grounds for disqualification of the bidder
Public Law, Environment and Tenders
Dispute Resolution
The Jerusalem Municipality issued a tender for the maintenance and restoration of bridges, tunnels and road structures in the city, with one of the threshold conditions of the tender being an unconditional bank guarantee for submitting the bid, in accordance with the form guarantee attached to the tender conditions. One of the bidders attached a […]
Use by an employee of confidential business information for establishing a competing business constitutes theft of a trade secret and a breach of fiduciary duty
Commercial, Banking and Financial
Labor Law and Immigration
Dispute Resolution
A branch manager of a company supplying sales promotion and marketing founded a competing company, solicited employees of his former employer to come and work with him and in a well-coordinated move recruited company customers to the new competing business along with their business. The Court held that the employees are to pay damages because […]
My favorite tenders are blue and white
Public Law, Environment and Tenders
Public protests over the government’s handling of the COVID-19 crisis are supported by many due to the lack of support for small local businesses, especially at a time when a global health crisis is undergoing. Therefore, and in a strong contrast to this, it is surprising that when it comes to large ‘businesses’, i.e. giant […]
A lawyer representing a real estate transaction need not suspect that his client is a fraud and will not be responsible for his actions
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A man sold land that was not his own through fake passports and the landowners demanded compensation from the lawyers who represented the fraudster. The Supreme Court held that the attorneys who represented the fraudster are not personally liable to the landowner. A lawyer is not a private investigator or detective and in the absence […]
Non transfer of funds to a pension fund although deducted form the salary is grounds for obligating shareholders for debts to employees
Labor Law and Immigration
Business, Corporate and Joint Ventures
Dispute Resolution
A carpenter was employed by a company for about six months and then transferred to work in another company under similar control for another 4 years, while his social rights were calculated ignoring the period of his employment with the first company. The employee demanded his rights in respect of the period of employment in […]
A company accused of criminal actions but goes under rehabilitation may receive a reduced penalty
Capital Markets and Stock Exchange Regulations
Business, Corporate and Joint Ventures
Criminal Law
Companies were indicted for publishing false reports in the amounts of millions of ILS in their books. Following an overall change in the companies’ management, the companies pleaded guilty and the new management infused funds for the companies’ rehabilitation. As part of a plea bargain brought for the Court’s approval, it was agreed that the […]
A series of infringements in a single protected work may be considered a “single infringement” under law but will affect determining the damages
Commercial, Banking and Financial
Dispute Resolution
Copyright, Trademarks Media and Artists
A picture taken by a photographer was published on at least ten different occasions as part of an ad for vacation packages. The Court held that the use of the picture is infringement of copyright but while multiple infringing uses of the same photograph constitutes a single infringement under law, the multiple use may be […]
