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Insights & News / Capital Markets
January 4, 2017
Globes Op-Ed: Restoration of Funds for Victims of Stock Manipulation
In an op-ed published in Globes, we discussed the restoration of funds for victims of stock manipulation, focusing on the question of whether the state is obligated to repay a portion of the fine directly to the victims through a distribution mechanism.
December 28, 2016
Dr. Zvi Gabbay Participated in the Annual Dun's 100-Globes Capital Markets Forum
Dr. Zvi Gabbay, Head of the Capital Markets Securities Department at Barnea took part in the annual Dun's 100-Globes Capital Markets Forum, with the participation of industry executives, banking sector, leading investment houses and insurance groups.
December 26, 2016
The Charges against Generic Drug Companies for Price Fixing: Teva is Exposed Twice and is Liable to have to Reach a Compromise in Both Suits
Dr. Zvi Gabbay, Head of Capital Markets and Securities Department at Barnea was interviewed by Globes, following law suits filed in the US accusing generic drug companies, including Teva Pharmaceutical Industries, of price fixing. Zvi commented that Teva is exposed to both a criminal indictment and a civil suit, and is liable to have to reach a compromise in both of them.
December 5, 2016
Nochi Dankner, Former Chairman of IDB Group, was Sentenced to Two Years Imprisonment
Dr. Zvi Gabbay, Partner and Head of Capital Markets Securities Department at Barnea was interviewed by Several Israeli Newspapers, after Nochi Dankner was sentenced today to 2 years in prison following his conviction on charges of stock manipulation. Zvi commented that unlike the verdict, which gave the impression that Dankner would receive a more severe punishment, it can be assumed that the District Court tried to impose a light sentence, but one which would not cause the prosecution to file an appeal.
November 16, 2016
Barnea & Co. Represented D.G.I Media Ltd. in a Precedent Administrative Enforcement Settlement with the Israeli Securities Authority
Dr. Zvi Gabbay, Partner and Head of the Capital Markets and Securities department at Barnea, represented D.G.I Media Ltd. in a precedent administrative enforcement settlement in the field of Forex Trading.
September 30, 2016
Barnea & Co. Represented the Private Equity Fund IGP Investment in Jacada
Barnea represented Israel Growth Partners (IGP) in an agreement to buy 300,000 Jacada shares, 7% of the company's share capital, from Robert (Bob) Ashton's investment firm Kinetic Catalyst Partners.
October 13, 2016
Australian stock exchange to Israeli tech firms: Come list Down Under
Dr. Zvi Gabbay, Partner and Head of the Capital Markets Financial Regulation Department at Barnea was interviewed by the Times of Israel regarding the growing interest of Israeli companies to list on the Australian Stock Exchange (ASX). Zvi commented that the Australian financial laws have earned a reputation as a creative and advanced regulatory regime that strikes a good balance between investor protection and a pro-business approach that understands the risk of over-regulation.
May 2, 2016
Securities and Exchange Commission's Staff Position - Trading Fraud - Has the Ship Sailed?
An article by Adv. Zvi Gabbay that critiques the Israeli SEC's staff position paper it issued and which details actions which may be considered as "Trading Fraud".
A short comparative review which was mentioned in the article indicates that the Israeli SEC’s staff position paper is problematic, hence it does not provide clear guidelines to the players involved in trading.
Similar positions issued in other countries lean towards providing guiding principles, as opposed to a detailed specific list of actions, as indicating fraudulent trading.
April 1, 2016
Enforcement Agreement - Is Any Confession Required?
An article by Adv. Zvi Gabbay that examines the willingness of the Israeli SEC to sign an enforcement agreement without a confession with regards to the offence by a violator and without such violator taking responsibility for such offence.
Additionally, the article states that comparing the administrative enforcement with the criteria of criminal enforcement would not necessarily be overlapping, and one not should expect a correlation between them.
Moreover, the article compares both the Israeli enforcement agreement policy and the United States enforcement agreement policy. The conclusion is that enforcement agreements without confession are not illegitimate and the intervention in the SEC's judgement will be acceptable only when there is a fundamental flaw in the enforcement agreement.
March 1, 2016
Corporate Governance - From the Procedural to the Substantive
An article by Adv. Zvi Gabbay that discusses the need to examine Corporate Governance in terms of its substantiveness and not just through a procedural form. The article reviews the development of Corporate Governance from the time it was adopted in Israel in the mid-2000’s to the present and delineates general principles for further future developments, while highlighting the integration of tests of substantiveness that would allow the implementation of Corporate Governance in an optimal manner.
September 15, 2016
Capital Markets 2016 - Virtual Roundtable
Corporate Live Wire held a Capital Markets Roundtable featured experts from around the world, including Dr. Zvi Gabbay. The chosen experts discussed the latest regulatory changes, global economic risks, cyber security challenges and capital flow trends.
August 23, 2016
Officers’ Remuneration – Are New York and London Following TASE’s Lead?
Adv. Micky Barnea, Managing Partner at Barnea, was interviewed by Globes Dun's 100 on the emerging trend in the United States and England to adopt stricter corporate governance rules pertaining to director remuneration.
August 1, 2016
Cellect Biotechnology Completed a Nasdaq IPO
On 31st July 2016 Cellect Biotechnology announced that it has completed its Nasdaq IPO, raising $8.4 million. Cellect Biotechnology will be traded on Nasdaq in parallel with its listing on the Tel Aviv Stock Exchange. Barnea represented a group of US underwriters, led by H.C. Wainwright , LLC, in the process of submission by Cellect Biotechnology of a prospectus for the Nasdaq listing. Cellect Biotechnology develops innovative technologies in the stem cells sphere.
July 6, 2016
Hedge Funds Do Not Need Regulation
Dr. Zvi Gabbay, Partner and Adv. Sapir Malul from the Capital Markets Securities Department at Barnea express their views in an article for The Marker that the damage involved in applying the regulatory regime for hedge funds is immeasurably greater than the benefits, and may even cause a collapse of the entire industry.
June 30, 2016
Proposal to reconsider the activist regulatory model of the Israel Securities Authority
An article by Adv. Zvi Gabbay and Andrey Yanai on the proposal to reconsider the activist regulatory model of the Israel Securities Authority applied to the public companies, allowing them to enjoy wider business and legal maneuvering room.
July 4, 2016
Interview with Dr. Zvi Gabbay regards Nochi Dankner's conviction for securities fraud
Dr. Zvi Gabbay, Partner and Head of the Capital Markets Securities Department at Barnea was interviewed by several media, following the conviction of Nochi Dankner for securities fraud. Dankner formerly controlled the IDB group and was one of the most powerful men in the Israel economy. Zvi noted that the verdict and its media coverage greatly contribute to the creation of a deterrent power of the Israeli Securities Authority and the prosecutor's office.
May 19, 2016
Minister Haim Katz questioned over insider trading allegations
Following the suspicions that Likud minister, Haim Katz, used insider information for financial gain, Dr. Zvi Gabbay was interviewed by Reshet B Radio station, at London Kirshenbaum, a current affairs news show on Israeli Channel 10, and by Globes.
April 18, 2016
Dr. Zvi Gabbay and his team are joining Barnea & Co.
Dr. Zvi Gabbay, who was previously head of administrative enforcement at the Israel Securities Authority, will be joining our firm with five lawyers from his team. Micky Barnea commented to Globes regarding this expansion "together we create integrated capabilities that can handle a variety of challenges that the world of public companies and financial regulation present".
March 15, 2016
Israel Broadens Definition of Accredited Investor
The prestigious Bloomberg BNA’s World Securities Law Report published an article by Ron Shuhatovich discussing the recent order of the ISA regarding the accredited investor definition.