Insights & News /  Capital Markets

Adv. Daniel Israeli was interviewed by TheMarker after the Monetary Authority of Singapore (MAS) announced it would begin regulating the issuance of virtual currencies (ICO). Daniel noted that Singapore has developed into a destination of sorts for ICOs, and thus the MAS' decision will certainly change the rules of the game.

Barnea represented Avgol in the sale of its rights in the Barkan plant for NIS 52.5 million. Avgol is in the process of transfering its production center in Israel to Dimona.

Dr. Zvi Gabbay, Head of the Capital Markets and Financial Regulation Department at Barnea was interviewed on a financial radio program at the Public Broadcasting Corporation following the investigation of the heads of Bezeq and explained how the Securities Authority is investigating. (starting at min' 12.06)

Dr. Zvi Gabbay, Head of the Capital Markets Department, was interviewed for a daily program dealing with economic and consumer issues on Channel 2 news, following the investigation conducted by the Israel Securities Authority against Bezeq. Zvi explained the ISA's claims and the reason for opening the investigation.

Dr. Zvi Gabbay, head of the Capital Markets Department, was interviewed today on "Where is the Money" program on 103FM radio station, following the investigation launched by the Israel Securities Authority against Bezeq, the company's controlling shareholder, Shaul Elovitch, and senior officials on suspicion of committing offenses under the Securities Law. Zvi explained in the interview about transactions involving interested parties in a company. From min' 11.38

Dr. Zvi Gabbay, Head of the Capital Markets Department at Barnea, is participating today in a regulatory panel conducted as part of the IFX Expo Cyprus 2017. The panel will discuss the recent decisions taken by key regulators and will consider their implications, as well as try to predict what the future holds for the industry in this regard.

Dr. Zvi Gabbay, Head of the Capital Markets Department at Barnea, in an opinion article following the decision of the US Securities and Exchange Commission (SEC) to file a civil suit in a federal court against two Israeli residents who traded in Mobileye's stock and options before and after the merger announcement with Intel Corp.  Dr. Gabbay commented that the case which the SEC has formulated against the two Israelis on suspicion of using insider trading information is in the meantime very circumstantial.

Dr. Zvi Gabbay, Head of the Capital Markets Department at Barnea - Legal Acrobatics "In Praise of the Probability Test" - Comments and Criticism was mentioned in the recent ruling of the Supreme Court relating to the question of what knowledge is required to establish a Reporting Duty for a Company. Dr. Zvi Gabbay’s article critically examined the Africa Israel ruling, which was adopted by the Economic Department of the Tel Aviv District Court, stating that the relevant test for deciding whether the information fits into the definition of "inside information" is the "test of expectation". The Court had to decide whether the information during negotiations for a transaction had matured into "inside information" (which prevents a person having such information from trading securities, for as long as such information has not been reported to the investing public). The "test of expectation" used by the judges of the Economic Department provides that in order to determine whether a particular event in the life of the corporation is material, the probability of the event should be weighed against its expected impact on the corporation. In other words, the stronger the anticipated event is for the corporation and its business, the more information about it will be material, even if the probability of occurrence of the event is low, and vice versa. In his article, Dr. Zvi Gabbay highlighted the problem of "excessive regulation" taking place in the market, and the need to equip the capital market with practical tools that will enable the supervised bodies to deal appropriately with the reporting duties imposed on them by the Securities Authority. The solution to this issue, according to Dr. Zvi Gabbay, lies in the development of the "agreement in principle" test. According to this test, information on a transaction will be material and must be reported only when agreement has been reached between the parties with regard to the main details of the transaction. The "agreement in principle" test will provide the supervised bodies with an easier, simpler, and more convenient tool for assessing the information related to their ongoing activity, while increasing certainty in the market.

Barnea represented Avgol Industries 1953 Ltd in connection with the issuance of a new series of bonds in the amount of NIS 197 Million. Avgol is one of the biggest manufacturers in the world of non-woven fabrics for the hygiene market. Its securities are traded in the leading indices on the Tel Aviv Stock Exchange.

Dr. Zvi Gabbay, Head of the Capital Markets Department at Barnea was interviewed by The Marker following the approval of the Hong Kong Stock Exchange (‘HKSE’) Israel as an ‘Acceptable Jurisdiction’. Zvi commented that the HKSE’s approval is currently limited to foreign listed Israeli public companies and Israeli private companies seeking a listing on the HKSE and it could also translate into cost savings for such companies.

Barnea represented a group of US underwriters, led by H.C. Wainwright , LLC, in the process of submission of Medigus Ltd. of a prospectus for the Nasdaq listing. Medigus raised USD 7.5 million and will be traded on Nasdaq in parallel with its listing on the Tel Aviv Stock Exchange. Medigus Ltd is an Israel-based company active in the medical sector. It specializes in developing endoscopic procedures and devices.

Adv. Ilan Blumenfeld, Partner in the Antitrust Department at Barnea, wrote an opinion article in The Marker, dealing with the question of whether and how to enforce on a monopoly the prohibition of charging excessive and unfair prices.

Dr. Zvi Gabbay, Partner and Head of the Capital Markets Department at Barnea, will lecture today on the subject of the Israel Securities Authority in the Bar Association Training Course for Directors.

Dr. Zvi Gabbay, Partner and Head of the Capital Markets Department at Barnea, in an opinion article for Finance Magnets following a new proposed bill to prohibit the management and operation of binary options trading platforms out of Israel , even if regulated elsewhere.

Dr. Zvi Gabbay, Partner and Head of the Capital Markets Department at Barnea, in a comparative review of the regulation of crowdfunding for Butterworths Journal of International Banking and Financial Law. The article discusses how three jurisdictions, the UK, US and Israel, have dealt with the regulatory aspects of the equity crowdfunding sector, comparing and contrasting the approaches taken by the regulators.

Dr. Zvi Gabbay, Partner and Head of the Capital Markets Department at Barnea, was interviewed by Globes, following the exposure of cases of bribery by Israeli businessmen. Zvi commented that the Israeli prohibition against bribing a foreign public servant is new. However, the law was enacted in the US in 1977 and the US has caused other countries to align with it.

Adv. Zohar Lande and Moran Bickel from the Litigation Department at Barnea represented the CEO of Kitov Pharmaceuticals at a hearing in the Tel Aviv Magistrates Court relating to his release from detention, subject to certain restrictive conditions.

Dr. Zvi Gabbay, Partner and Head of the Capital Markets at Barnea, participated in a panel discussion on the subject of Administrative Enforcement in Haaret'z "Echad Haa'm", the magazine of the Public Companies Association. The panel discussed the implications of administrative enforcement on the market and on the levels of corporate governance and conduct of companies. (In Hebrew. Pages 16-21)

Dr. Zvi Gabbay, Partner and Head of Capital Markets at Barnea was interviewed by Globes following the decision by the FTC to investigate a company related to Teva. 

Micky Barnea, our Managing Partner, was interviewed by Globes regarding executive pay in the finance sector. He also interviewed on concessions granted by the Tel Aviv Stock Exchange and the Israel Securities Authority. Micky commented that the Tel Aviv Stock Exchange and the Israel Securities Authority have granted a set of concessions to encourage more companies to go public. However, according to Micky, as regards the issue of regulation, the exemptions should be more significant.