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Blog / Enforcement

Adv. Zvi Gabbay

The Business Judgment Rule – a Director’s Best Friend

May 2, 2023 / by Zvi Gabbay

Board members looking to protect themselves from lawsuits pertaining to the proper fulfillment of their duties must fully understand the three principles of the business judgment rule. Because what is true in Delaware is also true in Israel.

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Adv. Hadar Israeli

Global Trends in Law Enforcement against Corruption Crimes

April 2, 2023 / by Hadar Israeli , Eran Elharar , Shir Rozenzweig

Corruption crimes and other economic offenses are being tackled more stringently in the global arena, but it appears the Israeli government’s wave of legislation could catapult it outside the global trend, and thus subject Israeli entities and individuals to international enforcement.

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Barnea & Co. - blog post

2022: Developments in Financial Service Providers Regulations

January 3, 2023 / by Barnea , Ori Rodriguez

This article summarizes the regulatory developments imposed on financial service providers, including of non-bank credit and financial asset services, and the key measures companies engaging in this sector should take in preparation for 2023.

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Adv. Gal Rozent

Public Corporations and Public Announcements – between the Rock of Israeli Competition Law and the Hard Place of Securities Law

August 7, 2022 / by Gal Rozent , Hagit Ross

While the Israeli Securities Law obligates public companies to report their activities fully and transparently, the Israeli Competition Authority may prosecute them precisely for doing so.

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Adv. Andrey Yanai

First US Indictment for NFT Insider Trading Offenses

June 22, 2022 / by Andrey Yanai

The indictment (US v. Chastain) marks the first time federal prosecutors have brought charges alleging insider trading with digital assets.

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Adv. Eran Elharar

Dual-Listed Companies – a Fly in the Ointment

February 23, 2022 / by Eran Elharar

When dual-listed companies have no real link to Israel, the ISA needs to check its considerations, and investors even more so.

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Adv. Hagit Ross

Between an Offering Prospectus and a Shelf Prospectus

February 20, 2022 / by Hagit Ross

The prospectus has four key objectives: to give investors information so that they make rational investment decisions; to deter the company and its executives from inappropriate behavior; to encourage public trust in the capital market; and to increase efficiency in the securities market.

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Adv. Zvi Gabbay

Implications of European Whistleblower Protection Directive on Israeli Companies

July 13, 2021 / by Zvi Gabbay

By October, companies in the European Union employing at least 50 employees will be required to operate an internal reporting system for reporting misconduct that may indicate compliance violations. Furthermore, all companies in the EU, regardless of size, will be required to ensure the protection of whistleblowers from all types of retaliation. The EU Whistleblower Protection Directive originally came into force in October 2019. It gave EU member states two years to prepare to incorporate the directive into their national legislation. Prior to the enactment of the directive, no uniform binding legislation applied to all EU member states and only 10 member states had enacted national legislation in this regard. The upcoming inception of national whistleblower protection laws throughout the EU will naturally trigger a ripple effect.

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