Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeSometimes a shareholder may owe fiduciary duties to the shareholders and not just to the company
Business, Corporate and Joint Ventures
Dispute Resolution
A company officer breached fiduciary duties by entering agreements with a potential investor who promised the officer significant benefit which the officer did not disclose to company shareholders, while exploiting his position in the company to sabotage negotiations with another investor. The Court held that although the officer breached his fiduciary duty, the shareholders are […]
When the agreement parties act in good faith one must trace the parties’ intentions as reflected in the wording of the agreement and circumstances
Commercial, Banking and Financial
Dispute Resolution
Two parties entered into a lease agreement for the establishment and operation of a public gas station which included an obligation of the station operator towards the lessor not to operate the station on Saturdays and holidays. However, after the establishment and operation of the station, it became clear that the parties disagree regarding the […]
On the Four Species and good faith during negotiations
Commercial, Banking and Financial
Real Estate
An article in the spirit of the Sukkot Jewish holiday on the subject of good faith in negotiations and the different types of businessmen negotiating transactions. The article was written by Yair Alon, Adv. of Afik & Co.
Compensation of an employee who undergone a work accident will be reduced if the employee did not follow the safety instructions in the workplace
Labor Law and Immigration
Dispute Resolution
A salt factory worker’s leg was crushed and needed 14 medical surgeries and left him with a 44% disability in a work accident caused by him not following safety instructions and climbing onto the conveyor belt to tie a sack of salt that weighed a ton and a half. The Supreme Court held that, although […]
Not any use of a trademark of another is infringement of such trademark
Copyright, Trademarks Media and Artists
Dispute Resolution
A trademark owner comprised of the phrase “messages from the universe”, the name of the owner of the mark and a graphic drawing, demanded that a competing business owner cease using the phrase as the title of a weekly column in a newspaper because he is usurping her reputation. The Court rejected the motion because […]
A foreign company which is in Israel a monopoly that affects the Israeli market may be subject to Israeli anti-trust rules
Competition
International Transactions and Dispute Resolution
Dispute Resolution
A class clam was filed in Israel against Qualcomm – an American company based in San Diego which develops, produces and sells components used for electronic communications – due to exploiting its monopolistic power by way that infringes competition and causes cell phone prices to rise around the world, and particularly in Israel. The Court […]
A bank may realize a mortgage even if the apartment had not been sold to the purchase or the ownership rights not been transferred
Commercial, Banking and Financial
Dispute Resolution
An apartment purchaser borrowed from a bank in order to purchase the apartment and after the seller signed an undertaking to register a mortgage, the bank transferred the loan money directly to the seller. Although the deal was cancelled, the money was not repaid to the bank. The Court held that the bank may demand […]
