Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAccusing one of committing a criminal offense that such person did not commit is defamation
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A woman said that a lawyer forged a check, even though this was not true and she signed the check herself. The Court accepted the claim and held that the accusation of committing a criminal offense constitutes defamation that deserves compensation. Defamation is, inter alia, a publication that may humiliate a person in the eyes […]
A waiver of a contractual right must be made explicitly and not implicitly
Commercial, Banking and Financial
High-Tech and Technology
Business, Corporate and Joint Ventures
A startup company entrepreneurs agreed to back the company’s commitment to repay an investor within a year by a mortgage on their house and even agreed to allow the investor to choose instead to receive shares of the company owned by the entrepreneurs. At the end of the year, the company did not repay the […]
Catch 22 and updating your Terms of Use
An article on the ability of a site or application owner to change the terms of use and the scope of such change on existing users. The article was written by attorney Adi Marcus of Afik & Co.
A harassing publication on Facebook may justify issuing a restraining order even if the publication was removed
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A person published posts against his brother on Facebook about a suspicion of committing sex offenses against his minor daughters and the brother moved to issue a restraining order against him. After filing the motion, the brother removed the publications. The Court held that although the publications were removed, there is justification for issuing the […]
A consumer acting as a “spam police” on his own behalf will pay increased expenses to the business
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A person requested to sign up for the mailing list and newsletter of a business from seven different e-mail addresses only to request removal and see whether the request is implemented according to the law. The Court dismissed the claim and held that high expenses should be paid considering the bad faith and misuse of […]
One must choose an interpretation that gives validity to the bid instead the one that lead to its disqualification
Public Law, Environment and Tenders
Dispute Resolution
The Municipality of Bnei Brak has published a tender for the management, operation and maintenance of a public parking lot. A bidder who was not selected contended to disqualify the winner of the tender due to insufficient experience in operating parking systems and technological means similar to the characteristics of the parking lot in the […]
A shareholder who builds a business on the ruins of a company business may be liable to the other shareholders for their pro rata part
Business, Corporate and Joint Ventures
Dispute Resolution
Shareholders in a company which operated an event hall demanded that the other shareholder, who served as the actual manager of the company, will compensate that for opening an event hall in the same location after the closing of the company business, under a new company which he holds. The Court held that the other […]
