Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeDisclosure duty during negotiations does not apply to information that was visible and known to the parties
Commercial, Banking and Financial
Real Estate
Dispute Resolution
A business owner leased a space in Nesher for the purpose of operating a minimarket. A short time later, the municipality began extensive infrastructure works for the construction of metro lines, as part of which the service road was blocked and the parking lot near the leased area was demolished. The Court rejected the claim […]
A shareholder may not file a claim on behalf of a company if the company has executed a settlement agreement regarding the same matter
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder sought to file a claim on behalf of the company against tenants regarding an urban renewal project due to a conspiracy to steal the project from the company. However, a settlement agreement was already executed between the company and the tenants which included the issues raised by the shareholder. The Court did not […]
Depositing cash instead of a bank guarantee, as the threshold conditions of a tender requirement, is grounds for disqualifying the bid
Public Law, Environment and Tenders
Commercial, Banking and Financial
Dispute Resolution
A bidder for the placement and operation of food and drink vending machines at the Technion was selected as the winner in a tender, even though it deposited ILS 10,000 in cash as a security for its bid instead of attaching a bank guarantee of this amount, as required by the threshold terms of the […]
Failure to issue a tax invoice/receipt and misuse of the incorporation veil may justify piercing the corporate veil
Business, Corporate and Joint Ventures
Dispute Resolution
A company that was hired to carry out renovation work in a residential apartment entered into liquidation procedures. The shareholder was required to personally compensate the customers for damages and many defects discovered in the works. The Court accepted the claim in part and held the shareholder is personally liable for defects and damages, due […]
Enough, I’m Done! – The Fine Line Between Negotiation and a Binding Contract?
Commercial, Banking and Financial
Real Estate
A young couple is interested in purchasing an apartment in the city center. Equipped with a lawyer, the couple begins to negotiate the commercial terms with the sellers. A day later, the parties already come to an understanding on most of the principle issues, set a date for signing and agreed that technical matters that […]
Commercial use of an image documenting a work of art without the artist’s consent or giving it credit constitute a copyright infringement
Commercial, Banking and Financial
Copyright, Trademarks Media and Artists
Dispute Resolution
In a commercial advertisement of a company, which sought to illustrate its services in the field of transportation of artwork, appeared a photo from an exhibition documenting the artwork by a Bezalel graduate alongside a commercial inscription and the company’s logo stamped on it. The company did not receive the artist’s consent to such use […]
Transferring security footage to a third party may be infringement of privacy
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A café let a third party watch security footage which was then uploaded to a Facebook post accusing a woman of theft. The Court held that the giving the footage to a person who does not have a position in the café constitutes an infringement of the woman’s privacy. Under the guidelines of the Israeli […]
