Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeFailure to remove software and its components at the end of the license period constitutes a copyright violation
High-Tech and Technology
Commercial, Banking and Financial
Dispute Resolution
A company did not renew an annual license to use computer software and did not remove the various software components from its computers even though it was required to do so by the software developer. The Court accepted the claim for copyright infringement and the company will pay compensation. Computer programming is a work protected […]
A supplier who agreed to waive a customer debt due to its bad financial status is not allowed to demand the balance upon improvement in financial situation
Commercial, Banking and Financial
Dispute Resolution
A flower supplier agreed to waive a customer debt, but later regretted it. The Court dismissed the claim and held that the waiver settlement must be honored. An agreement is meant to create a balance in the distribution of risks and opportunities between the parties. A party that took a risk upon itself (and alongside […]
When you say no, what do you mean? – on negative personal interest in corporate voting
Business, Corporate and Joint Ventures
Capital Markets and Stock Exchange Regulations
An article on the ability to prevent a shareholder or director from voting on decisions where his manner of voting against the decision is clear in advance. The article was written by Doron Afik, Esq. of Afik & Co.
An agreement made in deviation from corporate authorization is valid if the counterparty did not know and need not have known about it
Business, Corporate and Joint Ventures
Real Estate
Dispute Resolution
A company that owns a rental property discovered that the signatories changed the rental contract and reduced the rent by more than 50% without obtaining the approval of the general meeting of the company, as required. The Court rejected the company’s claims due to the lack of bad faith or negligence in the actions of […]
contract for long-term relations is based on trust between the parties and cooperation in completing conditions that were not originally agreed upon
Copyright, Trademarks Media and Artists
Commercial, Banking and Financial
Dispute Resolution
A singer entered into an agreement with a personal management and production company, which was intended to be automatically extended in the event of a substantial deal. After the relationship between the parties soured, the singer refused to enter into an agreement with a third party that had potential to significantly advance her career, all […]
Proof of unfair influence on a will by a beneficiary will lead to its invalidation
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A son who was excluded from his mother’s will objected to the execution of the will due to cognitive incompetence and unfair influence over the mother. The Court invalidated the will due to unfair influence and incompetence of the testator. The Israeli law stipulate that a will be valid only if by the time it […]
The mere possibility to correct a materiel defect in a bid submitted in a competitive procedure may harm the principle of equality
Public Law, Environment and Tenders
Dispute Resolution
A bidder’s bid in a competitive procedure for the selection of a transportation operator was disqualified due to errors in the price bid. The Court rejected the petition and held that the bid was duly disqualified due to a fundamental defect in the bid that cannot be corrected. A public authority’s competitive procedure is subject […]
