Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA bank guarantee that was attached in an out-of-date wording due to a failure to duly update the bidders on the need to change the wording will not be disqualified
Public Law, Environment and Tenders
Dispute Resolution
A tenders committee chose two bidders as the winners of the tender even though the bank guarantee they submitted did not match the updated wording required in the framework of the clarification process. A bidder in the tender demanded that the decision of the tenders committee be revoked and to declare it as the winner […]
Buyers of property are not required to do their own check and may rely on representations and warranties of the sellers in the sale agreement
Real Estate
Dispute Resolution
Buyers of a property in which severe dampness defects were discovered contended that the sellers did not make full and proper disclosure of the condition of the property prior to the sale, while the sellers contended that they made sufficient disclosure by saying that the property had been repaired in the past and referred the […]
In a frustration of contract the determining date as to the ability to anticipate the circumstances that led to the breach is that of the last amendment
Real Estate
Dispute Resolution
In a rental agreement for the operation of a playground, it was stipulated that starting from the third year, the rent would effectively increase. The agreement was executed shortly prior to the COVID-19 outbreak. Two months after its outbreak it was amended and, with the exception of the changes that were added, ratified. However, due […]
An employer who notifies an employee at the end of his fixed-term employment of the termination of his employment is liable for severance pay
Labor Law and Immigration
Dispute Resolution
A player in the Hapoel Ra’anana soccer team signed an employment agreement for three seasons that included an option for the employer to terminate the contract at the end of each of the seasons. At the end of the first season, the team informed the player of the termination of the contract between the parties. […]
(Too) Deepseek – on Privacy challenges posed by the 2025 AI Model
High-Tech and Technology
Privacy, GDPR, Confidentiality and protection of reputation
An article on the subject of privacy protection when using artificial intelligence engines, and in particular the (lack of) privacy protection in the new Chinese artificial intelligence (AI) model called Deep Seek-R1. The article was written by Attorney Gilad Bar-Ami of Afik & Co.
A gift transaction that is the result of unconscionability and relationship of dependence and control on the part of the beneficiary will be voided
Commercial, Banking and Financial
Dispute Resolution
A grandson claimed to own an apartment, contended to have been given to him as a gift by his grandmother while she was still alive, in contrast to her will, in which she bequeathed the apartment to her daughter. The Court dismissed the claim because of unconscionability. Unconscionability is defined as an engagement that was […]
The employer’s obligation to find an alternative position for an employee who is unable to fulfill his position is for effort and not results
Labor Law and Immigration
Dispute Resolution
An employee, whose work included manual labor, was terminated following deterioration in his medical condition which prevented him from continuing to work in any job that involved physical effort. The employer was unable to find a job suitable for the employee’s skills that did not involve physical effort. The Court rejected the employee’s contention and […]
The very imposition of an unjustified foreclosure on bank accounts constitutes defamation against the account holder
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A local authority imposed foreclosures on accounts of a businessman due to erroneous fines that remain unpaid, even though he contacted it several times after receiving the fines and before the foreclosures were imposed. The Court accepted the lawsuit of the businessman for defamation. Defamation is something which publication is liable to: humiliate a person […]
Harm due to defamation will be examined based on the ability of the publication to affect the ordinary person who has been exposed to it
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
An association which goal is to protect the environment published on Facebook that the owner of the majority of the rights in the Leviathan reservoir caused environmental pollution on Israel’s coast in order to increase its profits. The publication was shared on many social groups by an environmental activist. The Court accepted the claim for […]
