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Insights & News / Zvi Gabbay
Lecture to Virtual Currencies and Blockchain Course
We recently lectured as part of BDO Academy’s course on virtual currencies and blockchain. The course is intended for managers and executives, directors, institutional investors, investment managers, and analysts. The lecture focused on the development of regulation in Israel and globally.
Call For Public Comment: A Report on AI Use in the Financial Sector
Regulation in 2024: A Summary of Key Changes and Outlook for the Future
Several statutory arrangements and regulatory guidelines have been published thus far during 2024, particularly in relation to the capital market, the financial sector and privacy protection, as well as various circulars addressing corporate governance and risk management, with the objective of increasing certainty for businesses and for the public as a whole.
Lecture: Introduction to Corporate Secretariat and Corporate Governance
As part of our cooperation with BDO Academy, we were invited to lecture on topics such as the role of the corporate secretariat, its importance to the organization, getting to know board directors, case law analysis, and corporate governance.
Barnea: Participating in Bar-Ilan University Environmental Law Hackathon
Barnea: Hosting IIRF Conference on Future of Stock Market Trading
We were pleased to host the Israel Investor Relations Forum’s conference on the future of stock market trading. A one-on-one conversation was held between Micah Stocks, a financial YouTuber who presents stock market news, and Rami Rozen, Director of Investor Relations at AppsFlyer and a member of the IIRF’s regulatory committee. Dr. Zvi Gabbay, the head of our firm’s Capital Markets Department, also spoke.
Fintech Lecture at Reichman University
During a lecture at Reichman University, we offered insights into the convergence of regulatory frameworks and fintech verticals, shedding light on how to navigate and comply with evolving regulatory conditions.
Webinar: Agreements with Brokers
Together with the Israel Hedge Funds Association, we hosted a webinar on the key points to be included in agreements with brokers.
The SEC’s Approach to Regulating the Crypto Market from a Legal Perspective
We were interviewed by Finance Magnates, where we strongly criticized the US Securities and Exchange Commission's current strategy toward the cryptocurrency market. This criticism comes in the wake of the SEC's aggressive legal actions against major players such as Coinbase, Kraken, and Binance.
Dr. Zvi Gabbay Recognized as Leading Blockchain Lawyer
Zvi is among an exclusive list of lawyers nominated for the Lexology 2024 Client Choice Awards. Zvi is the only Israeli lawyer recognized in the Blockchain field.
Stock Market Investors Knew of Hamas’s Attack in Advance and Profited – Mako Interview
We were interviewed by Mako following a US study that revealed an unusual volume of transactions on the New York and Tel Aviv stock exchanges betting on a collapse of the Israeli stock market in the week preceding Hamas’s October 7th attack.
Barnea: Webinar on the Work of Compliance Officers During Wartime
Our firm hosted a webinar in collaboration with the Association of Corporate Counsel in Israel on the issue of compliance during wartime. As part of the webinar, we emphasized the compliance actions required during wartime by offering comparisons to other recent global war zones.
Compliance Forum: Israeli Association of Corporate Counsel Webinar
Together with the Israeli Association of Corporate Counsel, we held a webinar on compliance that included a lecture entitled, “What Do Regulators Want to See? Training and Implementation of Compliance Procedures.”
Crypto: PayPal Launches USD-Based Stablecoin
We were interviewed by Globes on PayPal’s decision to launch a stablecoin backed by the US dollar.
Lecture at Association of Publicly Traded Companies’ Annual Economic Conference
We were invited to lecture at the Association of Publicly Traded Companies’ annual economic conference, where we discussed the ruling in Inbar v. Ofir Naor, the liquidator of IDB Development Corp., and the lessons corporate counsel should draw from it regarding the provision of legal representation to directors, especially those of a public company.
Crowdfunding: Interview in TheMarker
We were interviewed by TheMarker about how the regulation of crowdfunding can help investors.
Conference: ESG – What’s the Story?
Our firm hosted a morning workshop of experts from the ESG and sustainability field. Dr. Zvi Gabbay lectured on the legal angle of ESG. Michal Weiss, the ESG manager at Doral, discussed how to undertake ESG activities within an organization. Hagit Genish Gil lectured on how to make ESG activity suitable for a large organization. Michal Gat, the CEO of Titan, closed the event with a lecture on how to build a branding story that is right for a company’s activities.
Bitcoin Rises: Responding to BlackRock’s Extraordinary Move
BlackRock, the world's biggest asset management company, has announced the launch of a bitcoin exchange-traded fund. This has led to Bitcoin hitting a more than one-year high. We explain the rationale behind BlackRock's move in an interview with Globes.
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.
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.
Webinar for Legal Counsels on Role of Legal Advisor in Relation to ESG Risks
Our firm held a webinar for members of GCs for GCs, in which we presented the existing regulation in Israel in the field of ESG and the trends in the US and Europe. The webinar also addressed ESG risk management in an environmental context.
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.
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.
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.
FTX’s Collapse and the Golden State Warriors – Interview with Finance Magnates
Following the collapse of FTX, several lawsuits were filed against the NBA’s Golden State Warriors, which had entered into cooperation agreements with the now-defunct crypto company. In an interview with Finance Magnates, we noted that the plaintiffs must present at least preliminary evidence that the basketball team knew, or should have known, of FTX’s wrongdoing.
Doing Business in Israel: Hedge Funds
Hedge funds can prove to be a particularly attractive channel in a small market like Israel, precisely because more sophisticated investment strategies and exposure to the international capital market are necessary to create added value over the “usual” market volatility.
Israeli Association of Publicly Traded Companies' Legal Counsel Forum
We were guest lecturers in a webinar hosted by the Israeli Association of Publicly Traded Companies' Legal Counsel Forum, where we addressed the do's and don'ts of administrative enforcement proceedings.
Regulation: Internal Enforcement and Compliance
Yesterday, Dr. Zvi Gabbay, the head of our firm’s Capital Market Department, lectured for compliance officers at BDO’s financial academy. Zvi’s lecture focused on internal enforcement, which can significantly mitigate corporations’ exposure to enforcement proceedings being instituted by regulatory authorities, significantly reduce the pecuniary sanctions that might be imposed in respect of violations, and contribute to a corporation’s good reputation for maintaining a culture of compliance and integrity.
Bank of Israel Continues to Regulate Use of Cryptocurrencies
The risk of money laundering is one of the main risks involved in using and trading cryptocurrencies. This amendment to Proper Conduct of Banking Business Directive 411 addresses how banks should manage money laundering and terror financing risks.
The Rules of the ESG Game Have Changed- Zvi Gabbay Column in TheMarker
USD 1.5 million fines, preliminary administrative proceedings, dramatic resignations—growing enforcement on ESG issues is becoming a bigger trend. Who should be preparing for this change and how will it affect Israeli companies?
Dr. Zvi Gabbay Article Featured in "Law and Business" Journal
An article co-written by Dr. Zvi Gabbay, head of our firm's Capital Markets Department, will be featured in the next volume of Reichman University's "Law and Business" journal. The article deals with requests for early disclosure of documents under the Companies Law and how Israeli courts examine such requests, in a way that often misses the purposes of the request and sterilizes it from its content
Insider Information: Investor Relations Forum Event
Our firm hosted Zvi Rabin and members of the Investor Relations Forum to discuss insider trading. We lectured on the characteristics of the crime, how the Israel Securities Authority handles such offenses, and the importance of obtaining professional legal assistance.
ESG—from Voluntary Process to Legislation
As part of the compliance forum our office leads, in collaboration with the ACC and Tali Guy, Teva's VP of Compliance, we hosted a meeting of legal counsels. We lectured on ESG’s implications for the compliance field and how companies should prepare for future regulations.
The Role of a Court-Appointed Observer at the Board Table
Our firm participated in a "Zichlinskey Hosts" meeting held by SRI Global Group together with the Israel Directors Union.
Amendment to Israel’s Anti-Money Laundering Law
At the end of March 2022, the Israeli Ministry of Justice published a draft amendment to the Prohibition on Money Laundering Law.
The proposed amendment seeks to grant supervisory authority to the Israel Money Laundering and Terror Financing Prohibition Authority (IMPA), comparable to that of the Capital Market, Insurance and Savings Authority (CMISA), over financial service providers for aspects of the prohibition on money laundering and terror financing.
Regulatory Activism Is Not the Proper Form of Enforcement
A new op-ed in Globes comments on a statement made by a senior official at the Israel Securities Authority regarding the applicability of securities regulation on various types of alternative investments.
Cryptocurrencies – If You Can't Beat Them, Regulate Them
Crypto regulation – It’s the authorities’ turn to act and allow for integration of the industry into conventional economic activities.
Globes Op-ed – Crypto and the Regulators
A recent Globes op-ed addresses rising up to the blockchain challenge and who needs to make the next move.
Will Israel Enter the MSCI Europe?
The global stock index provider Morgan Stanley Capital International (MSCI) recently announced it is seeking market feedback on Israel’s possible inclusion in its European indices. MSCI, considered one of the largest stock index providers in the world, plans to announce a decision by the end of February 2022.
Will NFTs Push Regulators to Regulate the Metaverse?
Currently, most regulators and governments are on the fence with regards to NFTs, waiting to see what other jurisdictions do or how the market develops. In some instances, governments and regulators are trying to address this issue more actively, but with very different outcomes.
Lecture: The Practice of Environmental Law
We lectured today to members of the "Law and Environment" student club at Bar-Ilan University, addressing the practice of environmental law and analyzing precedent-setting judgments involving the environment.
ESG – Risks and Legal Responsibility
Since the COVID-19 outbreak and the exacerbation of the climate crisis, ESG factors have increasingly influenced the profit line of businesses. The ESG Management Program at the Coller School of Management at Tel Aviv University, which will open in March 2022, will bring the most important aspects of ESG to those whose activities have an impact on the investment chain: executives, directors, investors, analysts, and public sector personnel. As part of the program, we will give a lecture entitled "Risks and Legal Responsibility - How ESG Becomes a Significant Part of the Duties of an Organization's Officers and What Happens When Neglected."
Internal Enforcement: Series of Webinars for Public Companies
Our firm, in collaboration with the Public Companies Forum of the Association of Corporate Counsel in Israel, has launched a series of webinars on internal enforcement. Among the lectures in the series is "Prohibition on the Use of Insider Information, What an Internal Enforcement Plan Is, and How It Is Implemented in Organizations."
Op-Ed: Knesset Debate on Establishment of Regulatory Authority
An op-ed in Globes addressing the current Knesset debate over the establishment of a new regulatory authority.
Calcalist Interview on White-Collar Crime
Several of Israel's leading lawyers in the field of white-collar crime and criminal law were interviewed by Calcalist, including experts from our firm. We addressed the core issues of the field and the impact of COVID-19, along with a forecast for several ongoing major cases.
Real Estate Transactions Using Digital Currencies – Regulatory Challenges
The volume of real estate transactions incorporating digital currencies is expected to grow in the coming years, especially among young, wealthy, tech-savvy professionals. We were interviewed by Globes on the trend, noting the regulatory challenges that exist in these types of transactions.
Implications of European Whistleblower Protection Directive on Israeli Companies
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.
Webinar: Responsibility of Compliance Officers in Organization
The Compliance Forum of the Association of Corporate Counsel in Israel hosted a webinar this morning on the responsibilities of compliance officers in organizations. As part of the webinar, we discussed new trends and developments, as well as the normative basis for imposing personal responsibility on compliance officers in organizations.
Webinar: Contacting Investors – Do's and Don'ts
The Israel Hedge Funds Association (IHFA) is hosting the webinar "Contacting Investors – Do's and Don'ts." As part of the webinar, we will discuss the legal infrastructure required for reaching out to investors.
Environmental Law Club Launch Event
We are proud to serve as the legal partner of the Environmental Law Club of Bar-Ilan University. Our firm will be presented as part of the launch event taking place on June 15, 2021.
IPO Wave Continues to Flourish – How Should Companies Prepare for an IPO?
The growing wave of IPOs on the Tel Aviv Stock Exchange is pushing an overwhelming number of private companies to consider going public. In an interview with the TheMarker on the trend, we explain how companies considering an IPO must behave with both the public and regulatory authorities to succeed.
2021: Trends in Regulatory Compliance and Risk Management
2020 was a particularly challenging year due to the coronavirus pandemic. For corporate risk managers and compliance officers, the year posed additional challenges. Organizations had to contend with an alarming rise in cyberattacks, supply chain constraints, employee health and safety, corporate governance and compliance, and diverse risks relating to or deriving from various content worlds. Nevertheless, if 2020 has taught us anything, it is that risks to a corporation, regardless of their source, are intertwined.
Blockchain and Real Estate
Globes has dedicated its Real Estate Supplement for Israel's Independence Day to real estate innovation. We were asked to publish a guest column discussing the implementation of blockchain technology that enables the registration and performance of digital operations through a distributed network of computers in the real estate field. We noted that once land registration is also based on blockchain, buyers will be able to purchase real estate property and take out a mortgage in exactly the same way online purchases are made today.
Webinar: Supervision and Control Procedures – How to Do It Right
As part of the ACC Compliance Forum we lead, we will host a webinar tomorrow on the supervision and control procedures within organizations. We will discuss the theoretical aspects and challenges in the field, followed by an expert panel.
Webinar: 10 Years of Administrative Enforcement in Israel
The Rina and Meir Heth Center for the Study of Competition and Regulation at the College of Management is holding a webinar with former judges and legal experts entitled “10 Years of Administrative Enforcement in Israel.” We were invited to participate in the lawyers’ panel of experts, which will examine the impact of administrative enforcement tools on violations of Israeli law.
SPAC: A Dream Worth Half a Billion Shekels
In recent months, the IPO market has reached a boil. It seems anyone with any kind of business is dreaming about joining the Israeli stock market. Lets look at the figures. From 2008 (the outbreak of the subprime crisis) through 2019, 76 new companies entered the Israeli stock market through an IPO process (an average of approximately 6.33 companies per year). In 2020 alone, 27 new companies entered the Israeli stock market, and in January 2021, seven new companies entered the Israeli stock market*.
What Do Massive Weddings Have to Do with Corporate Compliance?
Our firm organized a webinar for legal advisers and compliance officers, in partnership with the ACC. As part of the webinar, we lectured on the connection between ethics and obedience. Are they in competition or do they complement one another?
Lecture on Distribution and Marketing of Hedge Funds
We lectured today on the distribution and marketing of hedge funds as part of a virtual conference held in collaboration with the Israel Hedge Funds Association and the international law firm Katten Muchin Rosenman.
COVID-19, From Crisis to Opportunity
Crises test our resilience. They prevent us from deceiving ourselves about things that are unpleasant to face. Therefore, the COVID-19 crisis is a real opportunity to upgrade an organization’s compliance mechanisms and the status of its compliance officer. This includes not only improving compliance capabilities, but also integrating and deepening connections to the organization’s management.
How Can It Be That a Small Virus Is Threatening the Cornerstones by Which Corporations Operate?
A number of US pharma companies have issued a joint statement promising not to shorten the process for developing a coronavirus vaccine or to prioritize narrow economic considerations over public health. This cooperation between competing companies challenges existing perceptions about the business sector and shows that sometimes public health is no less an important consideration. Is now the time for companies to value the public good and other relevant stakeholders over company shareholders? Read more in an op-ed in Globes.
The Leaked FinCEN Files Harm the Fight against Money Laundering
In mid-September 2020, a series of articles were published by a group of foreign journalists, based on the collection and analysis of over 2,500 leaked documents from FinCEN, the US equivalent of the Israel Money Laundering and Terror Financing Prohibition Authority. The leak of such sensitive information may cause banks and financial institutions to think twice before reporting suspicious financial activity, which would be a mistake. Read more in an op-ed in Calcalist.
Investor Relations Workshop – the Practical Aspects
The Israel Investor Relations Forum of the Israeli Association of Publicly Traded Companies, in collaboration with the Tel Aviv Stock Exchange, has launched an investor relations course for executives from leading companies. Yesterday’s session focused on regulation, including the rules of the game and how to publicize announcements to international investors.
Dr. Zvi Gabbay’s lecture, entitled “Duty to Report – Practical Implications,” covered how regulation in both Israel and the US can affect a company.
Blockchain and Digital Currencies Regulation
Dr. Zvi Gabbay examines in a short video the topic of digital currencies and recent developments in blockchain regulation in Israel.
It’s A New World Out There – Hedge Funds Navigating COVID
As part of our legal counsel to the Israel Hedge Funds Association, we are proud to be involved in the IHFA's 8th Annual Conference. The theme of the conference is “It's A New World Out There – Hedge Funds Navigating COVID.”
Zvi Gabbay Lectures Compliance Officer Training Course
As an expert in the compliance field, Zvi Gabbay was invited for the fourth straight year to lecture a compliance officer training course organized by the BDO Academy of Finance and MITIGATE. This unique practical course is geared to compliance officers in international financial organizations. During the lecture, Zvi discussed administrative enforcement and enforcement plans.
Crowdfunding Regulation in Israel
In a short video, Dr. Zvi Gabbay explains the crowdfunding model, which has become an attractive channel for both investors and companies seeking funding, and overviews current regulation in Israel.
Every Crisis Is an Opportunity – Webinar
On June 2, we will host a webinar together with the ACC addressing the opportunity to upgrade the role of compliance officer in light of the coronavirus crisis. The webinar is geared for compliance officers and legal counsels.
Mobileye Insider Trading Investigation: Representing Former Syneron VP in Settlement with SEC
On April 17, the United States Securities and Exchange Commission dropped its case against our client Amir Waldman. Waldman, the former vice president of Israel-based medical device company Syneron Medical Ltd., was alleged to have made USD 4.3 million via insider trading on an autonomous driving system technology developer. He will pay the SEC nearly USD 2.2 million to end a civil enforcement lawsuit, a New York federal district judge announced Friday. We commented on the decision as follows: "As in many cases, here too, a negotiation was being conducted at the same as we were preparing for trial, and it ultimately ended with an excellent result. This is a civil not a criminal case, and the arrangement, under which Amir does not admit or deny the facts, allows Amir to move on."
Hosting Online Seminar for Israel Hedge Funds Association Members
Together with Lior Segev, the co-founder and CEO of Liquant Asset Management, we hosted an online seminar for members of the Israel Hedge Funds Association on business continuity planning during the coronavirus.
Meetup of Israeli Blockchain Community
We participated today in a panel entitled "Regulations and Securities, Where Are We?" The panel was part of an event focused on 2020 predictions for the blockchain industry in Israel. Dozens of entrepreneurs and leading players from the local blockchain community attended.
Article: Cases Against Netanyahu Will Have Precedential Effect on Corporate Governance in Israel
An op-ed in TheMarker addresses how the Israel State Attorney's guideline on indicting and sanctioning corporations will guide the decision on the prosecution of Bezeq, Walla, and Yedioth Ahronoth.
EU Taking Steps to Ensure Wide Protections for Whistleblowers
In October 2019, the Council of the European Union adopted new rules to protect whistleblowers through a new directive.
Lecture at Directors' Seminar Hosted by Analyst Investment House
We were invited to lecture at a directors' seminar hosted by Analyst Investment House, where we addressed administrative enforcement, the Israel Securities Authority's structure, and its enforcement system.
Lecture at Discount Bank's Compliance Conference
We were invited to lecture at a compliance conference organized by Discount Bank for all its compliance officers, trustees, board members, and management.
Hosting the ACC Compliance Forum's Third Meeting
Our firm hosted the third meeting of the ACC Compliance Forum, which focuses on compliance during enforcement procedures. At the meeting, we welcomed Yehuda Shaffer, Deputy State Attorney (Financial Crimes).
Israel Singapore Fintech Convention
Our firm hosted today a meetup for the Israeli fintech community in collaboration with Fintech Fever and the Singapore Fintech Association. We lectured on current regulation, as well as challenges and opportunities in the field.
Meetup for Real Estate Entrepreneurs on Crowdfunding
Our firm hosted together with the crowdfunding platform Pipelbiz a meetup for real estate entrepreneurs. We lectured on raising capital for real estate projects through crowdfunding platforms, as well as real estate financing options, preconditions to raising money through a crowdfunding intermediary, and borrowing and investment disabilities.
Event: The Future of Money Transfers
Our firm hosted today ACC members for a seminar on money transfers. Dr. Zvi Gabbay reviewed the regulations and guidelines that exist today in Israel and around the world on the handling of money transfers. In addition, we conducted a panel discussion addressing the challenges and opportunities facing businesses who need to know how to solve problems that may arise. Participating in the panel were Anat Even-Chen, our regulation expert; Doron Cohen, CEO of Covercy; Idit Froim, General Counsel of Colu; Yitz Raab, Managing Partner of Tzur Management; Rami Sasson, Chief Compliance Officer of Discount Bank; and Ronen Siman-Tov, CTO of IBM Blockchain World Wire.
Zvi Gabbay Lectures to a Course for Compliance Officers
Zvi Gabbay lectured today before compliance officers at the BDO Finance Academy. The lecture dealt with the internal enforcement of securities laws, the enforcement revolution by the Israel Securities Authority, and the need to formulate an effective internal enforcement program.
Mobileye-Intel Deal: Our Firm Continues to Represent Amir Waldman
Our firm continues to represent Amir Waldman, who was charged by the US Securities and Exchange Commission for insider trading in connection with Intel's acquisition of Mobileye. The proceedings are pending before a federal court in New York.
Risk Management Course at the Israel Financial Institute
Dr. Zvi Gabbay lectured today on the risks of financial crime as part of a risk management course at the Israel Financial Institute.
Risk Management and the Latest Word on KYC and Preventing International Money Laundering
Together with Clifford Chance, we held a workshop for compliance officers and risk management department staff at Discount Bank and Bank Leumi. The workshop included discussions on money laundering enforcement trends, banks' obligations, and how to manage risk and provide service.
Hosting the Israel Hedge Funds Association for a Negotiation Workshop
Our firm hosted the Israel Hedge Funds Association today for a negotiation workshop. The workshop was held in collaboration with Moti Crystal, a crisis management expert. As part of the workshop, we presented common mistakes and the techniques for overcoming them in M&A transactions and disputes.
SodaStream Chairman Suspected of Insider Trading
Dr. Zvi Gabbay was interviewed by TheMarker on the allegations that SodaStream's chairman, while serving as CEO, provided insider information about a deal with Pepsico to a former employee.
The ISA Places Enormous Emphasis on Deterrence
An op-ed in TheMarker discussing the market's need to share in enforcement efforts to help make internal enforcement one of the cornerstones of ISA policy.
Event Invite: Second Meeting of Compliance Forum with ACC
The second meeting of the Compliance Forum, held in collaboration with the ACC, will focus on the basic principles and standards required for formulating an enforcement plan, the challenges of implementing such a plan, and how compliance officers should act.
Managing an Investment Portfolio for Family and Friends
Dr. Zvi Gabbay was interviewed by the radio station Kol Israel Reshet Bet on how to manage investment portfolios for friends and family. According to Zvi, capital market professionals must be careful, since managing an investment portfolio requires a license. Even when advising family and friends, professionals are subject to duties and may be exposed to risks and claims. (Starting at 03:10.)
Op-Ed Featured in Law360
An op-ed in Law360 discusses the SEC's treatment of two recent events—the federal suit against Kik Interactive and Facebook's announcement on the launch of a new digital currency.
The Law of Facebook Is Not the Law of Small Companies
On June, two seemingly unrelated events took place: the SEC filed suit in federal court against the company Kik Interactive and Facebook announced the expected launch of a new digital currency – the Libra. What’s the connections ?
Event on Investor Relations and Corporate Responsibility
Our firm hosted an event in cooperation with the Israeli Investor Relations Forum on investor relations and corporate responsibility. We lectured on how corporate responsibility is perceived by regulators.
Lecture on Crowdfunding Regulation in Israel and Abroad
Max, of Leumi Card, and Pipelbiz, the first and largest equity crowdfunding platform in Israel, have launched a new program for entrepreneurs. Program members include both fintech and insuretech startups. Our firm was chosen to serve as the initiative's legal partner. The startups recently visited our firm, where we lectured about crowdfunding regulation in Israel and abroad, as well as about challenges and opportunities in this field.
Annual Conference of the Association of Corporate Counsel in Israel
We led a panel on the subject of the legal advisor as a legal crisis facilitator at the annual conference of the Association of Corporate Counsel in Israel. Present at the conference were outgoing Justice Minister Ayelet Shaked and other senior legal officials.
Negotiation Workshop for Modi'in City Council Members
We conducted a negotiation workshop today for members of the Modi'in City Council, as part of the Open University's directors' course.
Lecture: Capital Markets Enforcement
We lectured today to Modi'in City Council members on capital markets enforcement and the role of boards of directors in formulating an internal enforcement plan. The lecture was part of the Open University's directors' course.
Crowdfunding – The New World of Investments in Israel and in the United States
The crowdfunding model enables the general public investment opportunities that were previously reserved only for sophisticated or institutional investors. In this article we examine the Israeli and American models and why the Israeli legislators should find ways to make the crowdfunding channel more attractive, for both investors and companies seeking funding.
Lecture: Exposure to Administrative and Criminal Liability
We lectured today at the College of Law and Business on exposure to administrative and criminal liability.
Lecture: The Impact of Israeli and SEC Regulation on Companies
We lectured today on regulation's impact as part of a new investor relations course. The course was launched by the Israeli Investor Relations Forum of the Association of Publicly Traded Companies in conjunction with the Tel Aviv Stock Exchange.
Panel: Meetings with Investors
We participated in a panel discussion as part of a new investor relations course. The course was launched by the Israeli Investor Relations Forum of the Association of Publicly Traded Companies in conjunction with the Tel Aviv Stock Exchange.
Seminar: Corporate Finance through Issuance and Crowdfunding
We hosted the Israeli Directors' Union for a seminar on corporate finance, where we lectured on capital raising in the US and Israel.
Event Invite: 2019 ICO Regulation – Global Experts Discuss
Join Barnea and Baker Mckenzie for an expert discussion on how best to participate in blockchain/ICO technological innovation in light of the latest global regulatory trends.
Blockchain Now and Into the Future – What We Can Expect
Blockchain has a well-established presence in the ecosystem, with a variety of use cases across a broad range of sectors, including Fintech, advertising, security, telecommunications and others. Here is an overview of the latest developments regarding blockchain regulations in Israel.
Article: The Singaporean Model That Connects the Capital Market to Startups
An op-ed in Globes suggests that the Singaporean model of a blockchain integrated platform as a solution that does not require legislative changes. It argues this model could replace the stalled initiative of the ISA to establish a secondary stock exchange for small and medium-sized companies.
What You Always Wanted to Know About Fintech Regulation, But Were Afraid to Ask…
For Fintech companies looking or hoping to work in Israel, the regulatory developments could either serve as an opportunity or as a barrier, and should be carefully considered. Click to read an overview of the Israeli Fintech regulatory situation.
A Workshop: Legal Primer for US Hedge Fund Investing
Barnea and Friedman Kaplan hosted a workshop for participants from the Israel Hedge Funds Association. We gave a lecture entitled "International Enforcement: Being in Israel Does Not Keep the SEC Away."
El Al Executives Investigated in Insider Information Affair by Israel Securities Authority
As counsel for one of the executives, we responded to Calcalist's questions.
Between Dankner and Musk: A Lesson on Enforcement
Read an op-ed in Globes on the Nochi Dankner and Elon Musk affairs and the differences in enforcement culture between the American and Israeli systems.
Event Invite: Managing Anti-Bribery and Corruption Issues: US, EU & Israeli Perspectives
Join Barnea and BCLP for a seminar on cross-border anti-corruption investigations.
A Small Step for the Regulator, a Big Step for Blockchain Technology
An article in Globes about the changing financial regulation in the US around crypto coins.
Bitcoin Makes Up 1% of World Electricity Consumption
We were interviewed by TheMarker on Bitcoin's energy consumption, noting that this is a meeting point between the real economy and the new economy that Bitcoin represents.
Supreme Court Increases Nochi Dankner's Sentence
We were interviewed by the newspaper Israel Hayom and the radio station Kol Israel Reshet Bet following the Supreme Court's decision to increase the sentence of Israeli businessman Nochi Dankner. Dankner was previously convicted of securities fraud.
Approved by the SEC – Security Tokens Exchange in the US
Coinbase, one of the leading cryptocurrency exchanges in the US, received approval from the US Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) to list for trading digital currencies considered to be securities (security tokens). Coinbase has thus become the first US federally-regulated platform for trading security tokens.
Asset-Backed Digital Currencies: Advantages and Challenges
The race to develop a new, unique and reliable digital currency with low volatility has prompted entrepreneurs to scale the link of blockchain technology and mainstream investments, thus creating a new wave of cryptocurrencies backed by commodities or assets.
Lecture at IHFA's Sixth Annual Tel Aviv Conference
We lectured at the Israel Hedge Funds Association's Sixth Annual Tel Aviv Conference. The goal of the event is to connect local industry with overseas peers, bringing together professional experts, manages, and investors. We discussed how fund managers can benefit from their relationship with the exchange.
Israel Proposes Personal Stock Investment Accounts with Tax Perks
We were interviewed by Bloomberg BNA regarding a new bill, according to which anyone who sells his apartment is entitled to open a special investment account that will benefit from deferring payment of tax on capital gains.
Attending iFX Expo International Conference
We attended the iFX Expo International Conference and participated in the panel on regulation, discussing MIFID II, ESMA restrictions, and the blockchain and cryptocurrency revolution.
Barnea & ACC Seminar: The Future of Compliance
We hosted, together with the Association of Corporate Counsel, a seminar on compliance and internal investigations. We discussed new regulatory challenges, while managing directors from Duff & Phelps addressed the changing compliance environment.
District Court Orders Bank Hapoalim to Accept a Deposit of Proceeds from Sale of Digital Currencies into Client’s Account
This month, an Israeli district court deliberated a motion for an interlocutory order against Bank Hapoalim. The order would obligate the bank to accept the transfer into a customer's account of money that constituted proceeds from a sale of digital coins transacted outside of Israel.
Lecture on Economic Enforcement to IZUN - Jewish and Arab Influential Directors
We lectured today on economic enforcement at the IZUN - Jewish and Arab Influential Directors program, part of Jasmine, a non-profit that promotes businesses owned by Jewish and Arab women.
Precedent Set: ‘Business Judgment Rule’ Also Applies to a Board Resolution on Filing a Derivative Suit
The Israeli Supreme Court has set a precedent by ruling that the Business Judgment Rule should also be applied to a company’s board of directors when it is deciding whether or not to file a derivative suit.
Cross-Border Enforcement: How US Enforcement Agencies Reach Israeli Institutions
Barnea and Nixon Peabody LLP hosted a roundtable discussion on the current enforcement environment, future trends, and strategies to succeed in the US while skirting legal and regulatory challenges.
Knesset Allows IPO Expenses to Be Deducted from Corporate Earnings
Recently, after initial approval by the Finance Committee, the Knesset has passed a temporary order to the Income Tax Law with regards to deduction of issue expenses. According to the law, the expenses related to issuing the shares of companies and partnership participation units on the Tel Aviv Stock Exchange (TASE) will now be recognized as expenses for tax purposes.
The Supreme Court: Digital Currency Companies Can Continue Operating Through Bank Accounts
The Israeli Supreme Court ruled in favor of Bits of Gold’s motion and issued a preliminary injunction that prohibits the bank from restricting activities relating to bitcoin trading in the company’s account.
How Regulators Impact the Fintech Industry
With experts in the fintech industry, we were interviewed by TheMarker on the various regulatory barriers thwarting fintech's growth in Israel.
2018: A Turning Point in the Virtual Currencies Market
An op-ed in Calcalist on the role of the regulator in the virtual currencies market and why 2018 will be a turning point.
Crypto Predictions for 2018
2017 was a significant year for the blockchain industry in general and for cryptocurrencies in particular. 2018 is expected to be an equally interesting year for the cryptocurrencies industry, as new trends take shape and regulation becomes even more refined. Check out some of our digital currencies predictions for the year.
Interview with Ynet News on Bezeq Investigation
We were interviewed by Ynet News about the recent developments in the investigation against Bezeq.
Featured in Israeli Blockchain Association Legal Survey
Our firm was featured in a legal survey conducted by the Israeli Blockchain Association on current trends in blockchain in Israel.
Article: Is the Israeli Regulators’ Approach to ICOs Ill-Advised?
An article in Financial Magnates discusses the Israel Securities Authority's approach to initial coin offerings (ICO) and cryptocurrencies and how this approach compares to other jurisdictions.
Israel Securities Authority Blows Up the Bitcoin Bubble
Our firm gave several media interviews following the Israel Securities Authority Chairman's remarks that companies whose values are based on bitcoin will not be included in the Tel Aviv Stock Exchange's (TASE) indices until a suitable regulatory framework is established. We noted that it is important to distinguish between the inclusion of companies engaged in trading and investing in virtual currencies on TASE's indices and the possibility that such companies will actually be traded on TASE.
Precedent Set regarding Class Actions against Dual-Listed Companies in Israel
In a precedent-setting ruling handed down recently in the Tel Aviv District Court a motion to certify an action as a class action, which was filed against Tower Semiconductor Ltd. and its officers, was dismissed in limine based on the rationale that US law applies to the company in relation to the matter of liability, since Tower is also listed for trading in the United States.
Conference: Internal Investigations as an Essential Tool in Corporate Governance
We took part in a conference hosted by the Institute of Internal Auditors, where we addressed how internal investigations function as an essential tool in corporate governance.
Seminar with Israel Hedge Funds Association
Barnea hosted a seminar with the Israel Hedge Funds Association addressing the regulatory challenges when establishing and managing a hedge fund. Also as part of the seminar, a partner from Harneys, discussed establishing offshore hedge funds in the Cayman Islands and the British Virgin Islands.
Seminar with Tel Aviv Stock Exchange and Israel Builders Association
Barnea hosted, together with the Tel Aviv Stock Exchange and the Israel Builders Association, a seminar for real estate and infrastructure companies exploring a potential IPO. We discussed IPO from the perspective of a regulator.
Interview on London et Kirshenbaum about Bezeq Investigation
We were interviewed on the TV program London et Kirshenbaum about the investigation against Bezeq, where we noted that the Israel Securities Authority has invested considerable efforts in completing the investigation quickly because of the case's broad public implications (starting from 05:40).
Offering Services of Securities Trading Systems
Recently a new Amendment to the Securities Law, concerning the restructuring of the stock exchange, came into effect.
Israeli Binary Options CEO Arrested in US on Suspicion of Committing Electronic Fraud
The Israeli CEO of a binary options company has been arrested by federal investigators in the United States on suspicion of committing electronic fraud. Dr. Zvi Gabbay, partner and head of our firm's Capital Markets Department, is representing the company in this matter. In an interview with TheMarker on the subject, he noted this is a relatively early stage in the legal process and that an indictment has not yet been filed.
ICO Whitepaper
ICO is the abbreviation of Initial Coin Offering, a term inspired by the capital market term IPO (Initial Public Offering). This is when a company recruits debt or capital by publishing a prospectus offering of its securities to the public for the first time. A prospectus is a profound legal and accounting document that furnishes information about the company, its management, its businesses, and its financial position. Once a company’s securities are held by the public, it becomes a public company.
Speaking at EY Anti-Fraud Forum
We participated in the EY Anti-Fraud Forum, where we discussed how workers can take an active role in self-regulation and compliance.
TheMarker Op-Ed: Regulation of Digital Coins
An op-ed in The Marker on the regulation of digital currencies asserts that there will be no choice but to build a unique regulatory model that matches the characteristics of these new financial instruments.
Dr. Zvi Gabbay Interviewed by Walla! about Investigation into Former Bank Leumi Officials
Dr. Zvi Gabbay, head of the Capital Markets Department at our firm, was interviewed by Walla! about a criminal investigation opened against former Bank Leumi officials in a US tax fraud scandal. Zvi believes American investigators will work closely with Israeli investigators on this case, via the international legal aid apparatus at the Justice Ministry.
TheMarker Interview: SEC Allegations against Mobileye Founders
The US Securities and Exchange Commission (SEC) recently filed a lawsuit in a US court against an Israeli citizen and an American citizen for the use of insider information to acquire shares and options at Mobileye. The lawsuit alleges that Mobileye's founders supplied information about the huge deal being forged between it and Intel. Our firm was interviewed by TheMarker about the lawsuit, and we noted the differences between the enforcement process in Israel and the US and the relationship between civil enforcement by the SEC and criminal enforcement by federal prosecution.
Supreme Court Precedent – Companies Have the Right to Independent Standing during a Derivative Suit
A significant precedent was handed down recently by the Israeli Supreme Court, whereby a company’s separate and independent standing must be recognized, even after a motion for a derivative suit has been approved.
Article: Adoption of Business Judgment Rule
This article addresses the ruling handed down by the Israeli Supreme Court at the end of December 2016 in the Bezeq case, in which the Court extended to board of director decisions the protection afforded by the business judgment rule. The article examines whether this ruling succeeded in achieving one of its principal objectives—legal certainty.
Board of Directors 2017 – Challenges and Risks
In cooperation with the Israeli Directors' Union, Barnea hosted a seminar on the challenges and risks in the functions of a board of directors. Micky Barnea, the firm's Managing Partner, discussed the risks in the functions of the board of directors, as well as corporate governance and enforcement programs.
Interview with Financial Radio Program on Bezeq Investigation
We were interviewed on a financial radio program on the Public Broadcasting Corporation regarding the Bezeq investigation, where we provided an explanation of the Israel Securities Authority process (from 12.06).
Interview on Radio Program "Where Is the Money"
We were interviewed on "Where Is the Money," a program on the 103FM radio station, following the investigation launched by the Israel Securities Authority against Bezeq, its controlling shareholder Shaul Elovitch, and senior officers on suspicion of offenses under the Securities Law. We explained the meaning of related-party transactions in a company (from 11.38).
Interview with Channel 2 News
We were interviewed on a daily Channel 2 News program focusing on economic and consumer matters following the investigation opened by the Israel Securities Authority against Bezeq. During the interview, we explained the ISA's allegations and its reason for initiating the investigation.
Precedent Ruling: a Bank May Refuse to Provide Service to a Company Engaging in Virtual Currencies
Precedent set by the Tel-Aviv District Court rules that a bank may refuse to provide service to a company engaging in virtual currencies.
Class Action Against Israeli Company Offering Securities Abroad – Not in Israel
It is not uncommon for Israeli incorporated companies to seek investments abroad. In many cases, such investments are done through public offerings on international stock exchanges. Securities issued by Israeli companies are traded on the NASDAQ, the London Stock Exchange and a variety of other exchanges, including Australia. These situations, which make perfect sense from a business perspective, give rise to interesting and sometimes quite complex legal issues.
IFX Expo Cyprus 2017 – Regulatory Panel
We are participating today in a regulatory panel held as part of the IFX Expo Cyprus 2017. The panel will discuss recent decisions taken by key regulators, consider their implications, and seek to predict what the future may hold for the industry.
SEC Charges Two Israeli Residents with Insider Trading – Opinion Article
We published an op-ed on the US Securities and Exchange Commission's (SEC) decision to file a civil action in a federal court against two Israeli residents who traded in Mobileye stock and options before and after the announcement of its merger with Intel Corp. We noted that the SEC's case against the two Israelis, on suspicion of insider trading, is largely circumstantial.
Hong Kong Stock Exchange Formally Approves Israel as Acceptable Jurisdiction
We were interviewed by The Marker following the Hong Kong Stock Exchange's (HKSE) approval of Israel as an "acceptable jurisdiction." We noted that the HKSE’s approval is currently limited to Israeli public companies already listed on a foreign exchange and Israeli private companies seeking to list on the HKSE, and that it may also result in cost savings for such companies.
Israel Bar Association Training Course for Directors
We lectured today on the Israel Securities Authority as part of the Israel Bar Association's training course for directors.
ISA Proposes Prohibiting the Management and Operation of Binary Options Trading Platforms Outside Israel
An op-ed in Financial Magnates following a new proposed bill to prohibit the management and operation of binary options trading platforms outside of Israel, even if regulated elsewhere.
Analysis: Israel’s Binary Options Ban Disrespects Foreign Regulators
Anyone who followed the financial press in Israel In the recent months would have realized that the Israel Securities Authority is on the war path against the binary option industry in Israel, and has every intention of closing it down. According to the Chairman of the ISA, Prof. Shmuel Houser, binary options are very similar to gambling, and often may involve fraudulent business practices intended to deceive the unaware investing public.
Globes Interview on Bribery Case Involving Israeli Businessmen
We were interviewed by Globes following the exposure of bribery cases involving Israeli businessmen. We noted that Israel's prohibition on bribing a foreign public official is relatively new, whereas similar legislation was enacted in the United States as early as 1977, and that the US has encouraged other countries to adopt corresponding laws.
Panel Discussion on Administrative Enforcement in Haaretz's "Echad Haa'm"
We participated in a panel discussion on administrative enforcement published in Haaretz's "Echad Haa'm," the magazine of the Public Companies Association. The panel addressed the implications of administrative enforcement for the market, as well as its impact on corporate governance standards and company conduct (pp. 16-21).
US Federal Trade Commission Investigating Allergan’s Generics Business
We interviewed by Globes after the Federal Trade Commission launched an investigation into a company affiliated with Teva.
Annual Dun's 100-Globes Capital Markets Forum
We took part in the annual Dun's 100-Globes Capital Markets Forum, along with industry executives, the banking sector, leading investment houses, and insurance groups.
Charges against Generic Drug Companies for Price Fixing
We were interviewed by Globes following lawsuits filed in the United States accusing generic drug companies, including Teva Pharmaceutical Industries, of price fixing. We commented that Teva is exposed both to a criminal charges and civil proceedings, and may ultimately be required to reach a settlement in both matters.
First Conviction Pursuant to Israeli "FCPA" – Following the Footsteps of the US
On December 2016 for the first time in Israel, an Israeli company was convinced for bribing a foreign public official. This is especially interesting due to the fact that this is also the first time the general prosecution in Israel based an indictment on Section 291A of the Israeli Penal Law, that was enacted in 2008, in the course of Israel's efforts to join the OECD as a member country.
Nochi Dankner, Former Chairman of IDB Group, Sentenced to Two Years
We were interviewed by several Israeli newspapers after Nochi Dankner was sentenced to two years' imprisonment following his conviction for stock manipulation. We noted that, unlike the verdict, which created the impression that Dankner would receive a harsher punishment, it appears that the District Court sought to impose a relatively lenient sentence that would nevertheless not prompt the prosecution to appeal.
Regulation of Crowdfunding in the UK, US, and Israel: Comparative Review
We published a comparative review in Butterworths Journal of International Banking and Financial Law on the regulation of crowdfunding. The article examines how three jurisdictions—the United Kingdom, the United States, and Israel—have addressed the regulatory aspects of the equity crowdfunding sector, and compares the different approaches adopted by their regulators.
Representing D.G.I Media Ltd. in Administrative Enforcement Settlement with Israel Securities Authority
We represented D.G.I Media Ltd. in a precedent-setting administrative enforcement settlement with the Israel Securities Authority concerning forex trading.
Barnea & Co. Represents iTrader, an Online Forex Trading Company
Barnea represents iTrader, an online forex trading company, which is under investigation by the Israeli Securities Authority. Adv. Zohar Lande and Adv. Moran Bickel from the Litigation department were interviewed by The Marker and commented that they hope the investigation by the ISA, which focuses on the company's activities during the period in which it was entitled to act as a trading platform, will end soon.
Australian Stock Exchange to Israeli Tech Firms: Come List Down Under
We were interviewed by the Times of Israel about the growing interest of Israeli companies in listing on the Australian Stock Exchange (ASX). We noted that Australia is regarded as having a creative and sophisticated regulatory regime that strikes a good balance between investor protection and a pro-business approach that recognizes the risk of over-regulation.
Capital Markets 2016 – Virtual Roundtable
Corporate Live Wire held a capital markets roundtable featuring experts from around the world, including representatives from our firm. The participants discussed recent regulatory changes, global economic risks, cybersecurity challenges, and trends in capital flows.
Hedge Funds Do Not Need Regulation
An op-ed in The Marker by lawyers from our Capital Markets Department argues that the harm caused by applying the regulatory regime for hedge funds far outweights any potential benefit and may even lead to the collapse of the entire industry.
Interview on Nochi Dankner's Conviction for Securities Fraud
We were interviewed by several media outlets following Nochi Dankner's conviction for securities fraud. Dankner, who formerly controlled the IDB Group, was one of the most powerful figures in the Israeli economy. We noted that the verdict and the extensive media coverage surrounding it significantly contribute to the deterrent effect of the Israel Securities Authority and the prosecutor’s office.
Proposal to Reconsider Israel Securities Authority's Activist Regulatory Model
An article on the proposal to reconsider the Israel Securities Authority's activist regulatory model for public companies, allowing them to enjoy wider business and legal maneuvering room.
Minister Haim Katz Questioned over Insider Trading Allegations
Following suspicions that Likud minister Haim Katz used insider information for financial gain, we were interviewed by the Reshet B radio station; At London & Kirshenbaum, a current affairs news show on Channel 10; and Globes.
ISA Staff Position: Trading Fraud – Has the Ship Sailed?
Our recently published article critiques the Israel Securities Authority's staff position outlining conduct that may be deemed trading fraud. It includes a brief comparative review showing that the staff position is problematic and does not provide clear guidance to market participants. The article further notes that similar position papers issued in other jurisdictions tend to set out general guiding principles rather than a detailed and specific list of acts said to constitute fraudulent trading.
Enforcement Agreement – Is a Confession Required?
An article examines the willingness of the Israel Securities Authority (ISA) to enter into an enforcement agreement without requiring the violator to confess to the offense or assume responsibility for it. It further argues that the criteria applicable to administrative enforcement do not necessarily overlap with those governing criminal enforcement, and that no correlation between the two should be assumed. In addition, the article compares the enforcement agreement policies of the ISA and the United States. It concludes that enforcement agreements without an admission of liability are not inherently illegitimate, and that intervention in the ISA's discretion would be justified only where the enforcement agreement is fundamentally flawed.
Corporate Governance – From Procedural to Substantive
An article discusses the need to examine corporate governance in substantive terms rather than solely through a procedural lens. It reviews the development of corporate governance in Israel from its adoption in the mid-2000s to the present, and outlines general principles for its future evolution while emphasizing the integration of substantive tests that would enable corporate governance to be implemented in an optimal manner.
Amendment to the Definition of “Classified Investor” in the Israel Securities Law
As part of the Israel Security Authority’s (ISA) measures to relax certain existing regulations, it has promulgated the Securities Order (Amendment to the First Addendum to the Law) regarding the definition of a “classified investor.” This amendment will come into effect on March 25, 2016.

