Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeThe fiduciary duty of an officer also includes a prohibition on competition with the company’s business and the exploitation of its business opportunity
Business, Corporate and Joint Ventures
Dispute Resolution
A CEO of a company for distribution of car parts opened a competing company while managing the company. The Court held that the CEO breached his fiduciary duties and therefore the company is entitled to data on the competing company. The duty of trust imposed on an officer of a company includes various prohibitions, including, […]
Between Yellow and Gray – So maybe the lawyer is the Big-Brother !
Copyright, Trademarks Media and Artists
An article about the complexity of producing a TV or other show and the importance of legal advice from early stages. The article was written by advocate Adi Marcus of Afik & Co., who also serves as inhouse legal counsel in Reshet (Channel 2) for over 10 years and advises TV productions even today, including the recent “Big Brother” TV show.
Counterfeit goods may be confiscated or destroy
Copyright, Trademarks Media and Artists
International Transactions and Dispute Resolution
Dispute Resolution
Following a trademark infringement complaint filed with the Israel Police by Michael Kors and Hugo Boss, the police conducted a search and confiscated counterfeit watches. The Supreme Court held that the counterfeit watches must be destroyed. The Court has the power to order the confiscation or destruction of property, insofar as it is prohibited for […]
In a company where shareholders draw the same salary it does not make sense to continue doing so if one retires and the other continues to manage
Business, Corporate and Joint Ventures
Mergers and Acquisitions
Dispute Resolution
After decades a part of a group of companies was acquired by a third party and one of the two shareholders retired and left the other to continue running the business. About 15 years later, the retired shareholder discovered that the other shareholder withdrew funds from the company as management fees in excess of amounts […]
E-mail correspondence is sufficient to create an enforceable apartment sale agreement
Real Estate
Dispute Resolution
As part of negotiations, the purchasers lawyer sent the sellers an email with an offer to purchase an apartment at a certain price and payment terms, and the sellers replied that they agree. However, at a later stage the sellers retreated from their intent to sell and the purchaser insisted on purchasing the apartment and […]
A represented party who signed an agreement before a notary may not be able to deny its validity even if drafted in a language he does not understand
Notarial signature verification
Notarial Services
Real Estate
A French citizen signed before a notary public in France a Hebrew agreement for the sale of an apartment is Israel. Later, the seller sought to withdraw from the agreement, contending that his signature was invalid because he does not speak Hebrew. The Court held that the sale agreement is enforceable. The two main requirements […]
Posting offensively on a social network and filing a false complaint with the police may be deemed defamation
Commercial, Banking and Financial
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A fisherman filed a false complaint with the police against an inspector of the Israel Nature and Parks Authority for threatening to kill him and even published on a Facebook group a movie in which he accused the inspector of putting a gun against his head and threatening him. The Court accepted the defamation claim […]
