Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA lessee who ceases rent payments in order to ‘educate’ the lessor may be obligated to evict the property
Real estate in Israel and around the world
Dispute Resolution
Lessees of an apartment contended the existence of severe defects in the property (including a malfunctioning sewage system and flooding) and consequently completely ceased rent payments as a means to “educate” the lessor. The lessor filed an action for possession (eviction). The Court granted the lessor’s claim and held that the lessees, who had the […]
A global corporation with activity in Israel is expected in the event of a dispute to litigate in Israel even if a jurisdiction and foreign law clause exists
High-Tech and Technology
International Transactions and Disputes and Israeli “Soft Landing”
Dispute Resolution
Israeli customers filed in Israel a motion for a class action against the LinkedIn company, contending that it automatically renews paid subscriptions in violation of the Israeli Consumer Protection Law, despite the fact that under the LinkedIn terms of use in the event of a dispute, laws of the state of California, U.S.A, shall exclusively […]
Who’s for Academic Justice?
Education and College Disciplinary Matters
Criminal Law
An article on rights during disciplinary proceedings in academic institutions and the importance of legal representation in these proceedings, the outcome of which can be fateful for one's career. The article was written by Attorney Osnat Nitay of Afik & Co
A willingness to negotiate a settlement agreement does not necessarily constitute consent to enter into a settlement agreement
Real estate in Israel and around the world
Commercial, Banking and Financial
Dispute Resolution
The Greek Patriarchate and another party drafted, through their lawyers, a general protocol intended to settle their disputes through compromise after receiving approvals from parties on both sides, when two alternatives for compromise were proposed. The agreements were made in a ceremonial setting in the presence of the Patriarch, but the agreement was not signed […]
Publishing pictures or recordings of a sexual nature without consent constitutes sexual assault under the sexual harassment law
Privacy, GDPR, Confidentiality and protection of reputation
Criminal Law
A person who opened groups on social networks and posted sexual content of women and minors without their consent, including identifying information about the identity of the participants in the videos, in exchange for a subscription fee from members of the groups. The Court held that the publication of the sexual content constitutes an infringement […]
A declaratory claim cannot be filed where the monetary damage is known
Dispute Resolution
Due to concerns about the statute of limitations, a claim for declaratory relief was filed against several parties, including a trustee in a loan agreement, to determine that a claim relating to a loan agreement was not subject to statue of limitation, when in the background is a compromise attempt to receive the full amount […]
Even if business logic justifies exclusivity of a contract this by itself is sufficient to create an exclusive agreement
Commercial, Banking and Financial
Dispute Resolution
A distributor contended that a manufacture interfered with a contract between itself and a third party for the exclusively distribution of its products, including products manufactured together with the distributor. The Court held that the manufacturer did not commit tortious interference of the contract with the third party. The prima facia tort of tortious interference […]
