Posts by Doron Afik

Prosecuting only some of those involved in an antitrust offense does not necessarily constitute selective enforcement

News
An indictment was filed against 17 defendants accused of committing the offenses of a restrictive arrangement, receiving something by fraud, and money laundering, even though 50 were originally involved in the case. The prosecution decided who to prosecute based on parameters reflecting…

In the absence of other consent, the copyright in the commissioned work will remain with the creator

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A printing house allowed its customers to upload photos of T-shirts printed by it to its website. Among the photos uploaded by the customers were photos of T-shirts on which were printed works that were commissioned by an artist for printing on…

Judicial approval of a financial agreement signed during marriage is an essential condition for its validity

News
A married couple, who were getting divorced, signed an agreement titled “Financial Agreement” before a notary during their marriage. The agreement stipulated, among other things, that in the event of the sale of the residential apartment, the wife would receive a refund…

Publishing pictures or recordings of a sexual nature without consent constitutes sexual assault under the sexual harassment law

News
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.…

A lessee who ceases rent payments in order to ‘educate’ the lessor may be obligated to evict the property

News
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…

A willingness to negotiate a settlement agreement does not necessarily constitute consent to enter into a settlement agreement

News
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…

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 exist

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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…

Even if business logic justifies exclusivity of a contract this by itself is sufficient to create an exclusive agreement

News
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…

Who’s for Academic Justice?

News
Students who participated in a demonstration on campus grounds were summoned for disciplinary action for failure to comply with instructions of the university authorities and for violating campus rules and it was decided to suspend them from their studies.  Is this an…

A declaratory claim cannot be filed where the monetary damage is known

News
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,…