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Latest Updates / Capital Markets
June 19, 2023
Default Arrangements in Israeli Investment Funds – Unwritten Provisions in Partnership Agreements
Many investors and fund managers are unaware that a simple reading of the relevant partnership agreement is not sufficient to get the “full picture” of the legal conditions that apply to their specific limited partnership.
May 21, 2023
Cooperating May Credit Corporations with Leniency in Enforcement
Law enforcement authorities in the United States are adopting a policy of lenient law enforcement measures against corporations that cooperate during investigations, document their activities, and implement compliance programs. This policy also applies to Israeli companies operating in the United States.
May 21, 2023
Barnea: Advising Migdal on a USD 100 Million Investment
Roy Engel, Yana Zilbershtein, and Yakov Vilenski advised Migdal on a USD 100 million investment in the real estate investment fund Exeter Industrial Value Fund EQT.
More than 90% of the investors in the fund are American and international institutional entities, and Migdal is the only Israeli investor.
May 17, 2023
Investment Advice and New Technologies: Amendment to Israeli Directive
In order to contend with the meager supply of investment advice or portfolio management services via technological interfaces, the Israel Securities Authority has published a proposed amendment to the directive focusing on two main services: trading signal services and social trading. Both of these services rely on digital media.
May 8, 2023
Regulating the Israeli Crypto Market – Article in Calcalist
The Arrangements Law for 2023-2024 makes extensive reference to expanding and creating a regulatory infrastructure in the digital assets field. Specifically, the Israeli government refers to regulation in a number of different areas, including the cryptocurrencies market. See more in an article for Calcalist.
May 2, 2023
The Business Judgment Rule – a Director’s Best Friend
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.
April 24, 2023
Tel Aviv Stock Exchange Publishes ESG Questionnaire
The publication of the questionnaire aligns with global trends and reflects the importance of this subject for investors. According to the TASE press release, only 70 companies currently publish full ESG reports.
April 2, 2023
Global Trends in Law Enforcement against Corruption Crimes
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.
March 28, 2023
Class Actions on Accessibility of Public Companies' Reports Dismissed
At the conclusion of a proceeding conducted over about two years, an Israeli court recommended that the class plaintiffs withdraw their actions in light of the legal difficulties and since there is no reasonable possibility that the legal questions will be ruled in favor of the plaintiffs. The plaintiffs accepted the court's recommendation, and the court dismissed in limine 66 class actions.
March 2, 2023
In First, Arrangements Law Includes Extensive Reference to Digital Assets
The draft of Israel’s Arrangements Law – Economic Plan for 2023-2024 addresses digital assets extensively for the first time. The draft bill contains a section dedicated to the regulation of digital assets and addresses stablecoins, taxation issues, the banking system, DAOs (decentralized autonomous organizations) and more.
February 21, 2023
Advantage to Israeli Banks When Self-Exercising a Deposited Pledge
Collateral in the form of a deposited pledge is an easy and inexpensive way to secure credit. However, Israeli law does not allow foreign banks to benefit from an efficient and effective mechanism enabling debt recovery by way of the self-exercise of collateral. There is no real justification for this and it harms competition in the credit market.
February 8, 2023
Digital Assets or Securities?
The Israel Securities Authority recently published a proposal for a series of legislative amendments relating to digital (cryptographic) assets, whose implications go beyond the realm of digital assets and do not herald much good news for Israeli crypto ventures.
February 5, 2023
Control Struggles in Israeli Public Companies
Micky Barnea analyzes the issue of control struggles, hostile takeover attempts, and directors’ potential defensive measures. His op-ed was published in TheMarker's Ahad Ha'am magazine.
February 5, 2023
Barnea: Hosting Conference with the Israel Hedge Funds Association
Roy Engel and Yana Zilbershtein lectured at a conference our firm hosted on the early years of hedge funds. The conference was held in collaboration with the Israel Hedge Funds Association. PWC and APEX Israel also took part.
February 2, 2023
Barnea: Guiding Djed in Successful Launch
We are honored to have guided Djed in its successful launch. Djed is a new stablecoin designed to maintain a stable value pegged to the US dollar. It provides its users with a decentralized and secure store of value and facilitates seamless transactions on the Cardano blockchain.
February 1, 2023
Conference to Open Year of Compliance – 2023
The firm participated in the Israeli compliance community’s annual conference for 2023, joining a panel discussion with Hani Amar, a partner at BDO in the corporate governance and regulation division, and Adv. Ariel Sagi, a compliance officer and board member at Rafael.
January 16, 2023
Dudi Cohen Participates in Annual Dun’s 100 Forum of Capital Market and Finance Executives
As part of the annual Dun’s 100 forum, senior executives from the finance industry discussed such burning issues as the non-bank credit sector, the slowdown in high-tech and real estate activity, and more. Dudi Cohen, the head of our firm’s Finance and Public Corporations Department, noted that "even though in the near future we are likely to see a wave of companies realizing there is no place for them in the stock market and that they will be sold as skeletons or deleted from the trading rolls, we still need to remember that there are entities that have an interest in raising capital through the stock market."
January 15, 2023
ACC Podcast on Bond Issuances
As an expert in advising public companies, Elad Reshtick was asked to be a guest on the Association of Corporate Counsel’s podcast, where he spoke about the bond issuance process.
January 15, 2023
Podcast: Administrative Enforcement
We participated in an episode of the podcast hosted by the Association of Corporate Counsels in Israel, which focused on tools for dealing with administrative enforcement.
January 12, 2023
Misha Gitterman Lectures at Reichman University
Misha Gitterman, a partner in our firm’s Finance and Public Corporations Department, lectured to graduate students in Reichman University’s Law, Technology and Business Innovation program as part of the course “Startup Capital Raising – From Angel Investment to IPO.”