Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeUnfair influence on a testator negates free will and may lead to invalidation of a will
Notarial wills and testaments
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A son opposed the probate of his late mother’s will due to her cognitive incompetence as well as unfair influence at the time it was executed. The Court accepted the objection due to doubts as to whether the deceased was of clear mind at the time the will was drawn up. Israeli law states that […]
An employee who steals a secret customer list and sets up a competing business during his work will compensate the employer
Labor Law and Immigration
Dispute Resolution
A marketing and sales employee established a competing business while working for his employer and after the work relations ended, he contacted his employer’s customers and recruited some of them as customers to his business. The Court accepted the claim and held that the employee stole a confidential customer list and breached the duty of […]
Startup Your Privacy, or: on Private Companies
Privacy, GDPR, Confidentiality and protection of reputation
High-Tech and Technology
Labor Law and Immigration
The first rule that almost every high-tech entrepreneur or beginner businessman learns, even before he is weaned of the use of diapers, is that no information should be given before signing a confidentiality agreement. The first law that learns a beginner lawyer in the field is that it usually turns out that no agreements are […]
One cannot enforce an agreement upon a party that has withdrawn from it in good faith
Real Estate
Dispute Resolution
An owner of a land plot negotiated its sale for about two months, but just before signing the agreement she withdraw because she discovered the existence of additional building rights for which she might pay a higher improvement levy than expected. The Court rejected the purchaser’s claim to consider the last draft agreement as binding […]
A news report about a criminal investigation is protected under law and does not entitle to compensation for defamation
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A daily newspaper published an article in which it reported about an ongoing criminal investigation, but later the suspect was acquitted of all charges. The Court rejected the claim against the newspaper for publishing defamation as the publication was true and served a public interest. Publishing something that may, Inter alia, humiliate a person in […]
Contention that an agreement was absentmindedly signed will not suffice as grounds for its annulment
Commercial, Banking and Financial
Dispute Resolution
A person who signed a document that he believed to be a customer card, was surprised to find out, years later, that it was a letter of guarantee and that the beneficiary seeks to exercise that guarantee. The Court accepted the beneficiary’s contention as the guarantee was duly signed by the guarantor. The annulment of […]
Discounting user fees for an age group for legitimate reasons is not deemed a prohibited discrimination
Commercial, Banking and Financial
High-Tech and Technology
Dispute Resolution
The operator of the dating app ‘Tinder’ gave a discount to young users up to the age of 29. The Court rejected the motion for approval of a class action and found that setting a discounted rate for certain age groups does not constitute a prohibited discrimination when such has a legitimate and proper grounds. […]
