Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
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Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A marketer of cosmetics entered into a franchise and sales agreement with a supplier. After the relationship between the parties soured due to allegations of fraud by the parties, the marketer expressed in various forums, including to clients and suppliers of the supplier, offensive statements regarding the conduct of the supplier. The Court held that […]
A tenant who left a property and set up its business in another property cannot contend that the contract was frustrated due to Covid-19
Real Estate
Dispute Resolution
A tenant terminated the rental agreement before expiration of the term and left the property due to the Covid-19 virus even though the contract could still be partially performed, as the tenant set up the business elsewhere. The Court held that the tenant must bear 50% of the rental fees. Frustration of a contract occurs […]
‘Do’s’ and ‘Don’ts’ When Participating in a Tender Proceeding
Public Law, Environment and Tenders
An article on the subject of tender rules in the State of Israel. The article was written by Adv. Yair Aloni of Afik & Co.
A bank is entitled to refuse to receive funds from banks in Russia due to the international sanctions thereupon
Commercial, Banking and Financial
Dispute Resolution
A man was intended to receive child support payments from his ex-wife who lives in Russia, but the payments were delayed or rejected by the bank due to restrictions arising from international sanctions imposed on Russia due to the war in Ukraine. The Court held that the bank’s refusal to transfer the funds due to […]
For piercing the corporate veil in a group of companies one needs to show more than just joint administrative management
Business, Corporate and Joint Ventures
Dispute Resolution
Tenants who received apartments in great delay sought to sue also another company in the group of the contracting company on the grounds that its shareholders h jointly managed them, used the same offices and the same accounting services. The Court dismissed the claim against the other company. A company is a separate legal entity […]
A member of an NGO committee who received payment which does not abide by the law will be required to return them
Business, Corporate and Joint Ventures
Dispute Resolution
A special administrator appointed as part of a procedure to rehabilitate an NGO due to deficiencies and irregularities demanded that officers of the NGO will disgorge funds they received as salaries because such were not approved by the NGO’s institutions and exceed the amounts allowed under law. The Court obligated the NGO committee members to […]
When the dispute remains alive, a claim for offset can be raised even after the cause of action’s statute of limitation period has expired
Real Estate
Public Law, Environment and Tenders
Dispute Resolution
A company sought to offset royalty amounts that were collected in excess from future royalties to the Israel Land Authority. This was done in light of the fact that the statute of limitation period for the cause of action for the collection in excess expired and the Israel Land Authority knew that the company maintains […]
License to sell medicinal cannabis may be denied in case of mismanagement but subject to a hearing
Public Law, Environment and Tenders
Dispute Resolution
A company which operates pharmacies that sell medical cannabis demanded that the Ministry of Health and the Cannabis Products Unit reverse their decision to deny the company its license to sell cannabis. The Court held that the decision to deny the license to sell cannabis was reasonable under the circumstances and there is no reason […]
A realtor who refers a client to purchase an apartment in a receivership proceeding may lose its entitlement to brokerage fees
Real Estate
Dispute Resolution
A realtor demanded brokerage fees from a client who was referred by him to purchase an apartment as part of a receivership proceeding that included a bidding process. The client refused to pay a brokerage fee, as the process of purchasing the apartment was not carried out with the involvement of the realtor. The Court […]