Search by Practice
Insights & News / Zvi Gabbay
Call For Public Comment: A Report on AI Use in the Financial Sector
Webinar: Payment Services Law – More Relevant Than You Thought
Our firm hosted a webinar in collaboration with the GCS organization for legal advisors, focusing on the Payment Services Law. The webinar was designed for legal advisors in companies within the financial and service sectors. Presenting at the event were our lawyers, Zvi Gabbay and Anat Even-Chen, along with CPA Julie Raboy, who delivered a lecture on the technological adjustments required in light of the law.
Regulation in the 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.
Dr. Zvi Gabbay Lectures to Corporate Secretariat Course at BDO Academy
Dr. Zvi Gabay, the head of our firm's Capital Markets Department, delivered an introductory lecture to a corporate secretariat course at BDO Academy. The lecture focused on topics such as defining the role of the corporate secretariat, its importance to the organization, getting to know board directors, case law analysis, and corporate governance.
Dr. Zvi Gabbay Conducts Workshop for El Al Managers
Dr. Zvi Gabbay and Zvi Rabin led the workshop "Prohibition on Using Inside Information – Do's and Don'ts" for a group of El Al managers. The workshop was held as part of a compliance, enforcement, and cyber week for senior management at El Al.
Barnea: Participating in Bar-Ilan University Environmental Law Hackathon
Anat Even-Chen introduced the environmental law hackathon and assisted Bar-Ilan University students in formulating their project proposals, which were presented for judging today before Dr. Zvi Gabbay.
Barnea: Webinar on Regulation of Payment and Payment Initiation Services Law
Our firm hosted a webinar on the new payment services law. The webinar was held as part of a forum for financial service providers that we launched together with Adv. Orit Yosef. During the webinar, Dr. Zvi Gabbay and Anat Even-Chen discussed the conditions for obtaining a license, the relationship between payment services and open banking services, and more.
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: Dr. Zvi Gabbay Lectured at Reichman University
Dr. Zvi Gabbay, the head of our firm’s Capital Markets Department, lectured at Reichman University. In this lecture, he 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
Our firm was hosted on a webinar of the Hedge Funds Association in which Dr. Zvi Gabbay lectured the Association members on the important points that should be included in agreements with brokers.
An Interview with Dr. Zvi Gabbay on the SEC’s Approach to Regulating the Crypto Market from a Legal Perspective
As an expert in regulatory affairs, Finance Magnates conducted a two-part interview with Dr. Zvi Gabbay. In the interview, Zvi expressed strong criticism of the U.S. Securities and Exchange Commission's current strategy regarding the cryptocurrency market. This 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 – Interview with Dr. Zvi Gabbay
Mako interviewed Dr. Zvi Gabbay, the head of our firm’s Capital Markets Department, after a US study revealed an unusual volume of transactions on the New York and Tel Aviv stock exchanges gambling on the collapse of the Israeli stock market a week before 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, Dr. Zvi Gabbay, head of our firm’s Capital Markets Department, emphasized the compliance actions required during wartime by offering comparisons to other recent global war zones.
Compliance Forum: Israeli Association of Corporate Counsel Webinar
We held, together with the Israeli Association of Corporate Counsel, a webinar focused on compliance. Dr. Zvi Gabbay gave a lecture entitled, “What Do Regulators Want to See? Training and Implementation of Compliance Procedures.” Anat Shubat from our firm, along with Ella Chertok from ICL Group, explained how to combine creative thinking with best practices in compliance trainings.
Crypto: PayPal Launches USD-Based Stablecoin
As an expert in the field, Globes interviewed Dr. Zvi Gabbay, the head of our firm’s Capital Markets Department, on PayPal’s decision to launch a stablecoin backed by the US dollar.
Dr. Zvi Gabbay Lectures at Association of Publicly Traded Companies’ Annual Economic Conference
Dr. Zvi Gabbay, head of the firm’s Capital Markets Department, was a guest speaker at the Association of Publicly Traded Companies’ annual economic conference. During his lecture, Zvi referred to the ruling in Inbar v. Ofir Naor (the liquidator of IDB Development Corp.) and to the lessons corporate counsel should take from the ruling with regard to providing legal representation to directors, especially those of a public company.
Crowdfunding: Dr. Zvi Gabbay Interview in TheMarker
Dr. Zvi Gabbay, the head of our firm’s Capital Markets Department, was 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: Dr. Zvi Gabbay Responds 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. Dr. Zvi Gabbay, head of the firm’s Capital Markets Department, explains the rationale behind BlackRock's move in an interview with Globes.
Regulating the Israeli Crypto Market – Dr. Zvi Gabbay 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. Dr. Zvi Gabbay, head of our firm’s Capital Markets Department, elaborates on the subject 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 the In-House Counsels for In-House Counsels Organization, in which Dr. Zvi Gabbay presented existing regulation in Israel in the field of ESG and the trends in the US and Europe. He also discussed ESG risk management in an environmental context.
Barnea: Hosting Conference with the Israel Hedge Funds Association
Dr. Zvi Gabbay, 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.
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.
Dr. Zvi Gabbay Participates in “Conference to Open Year of Compliance – 2023”
Dr. Zvi Gabbay, the head of our firm’s Capital Markets Department, participated in the Israeli compliance community’s annual conference for 2023. He spoke in 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
Dr Zvi Gabbay, the head of our firm’s Capital Markets Department, guest starred on an episode of the podcast hosted by the Association of Corporate Counsels in Israel. The episode focused on tools for dealing with administrative enforcement.
FTX’s Collapse and the Golden State Warriors – Dr. Zvi Gabbay Interviewed by 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. According to Dr. Zvi Gabbay, the plaintiffs must provide at least preliminary indications that the basketball team was aware of or should have been aware of FTX’s wrongdoing. According to Zvi, he saw no hint of any such indications.
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.
Dr. Zvi Gabbay Attends Israeli Association of Publicly Traded Companies' Legal Counsel Forum
Dr. Zvi Gabbay, the head of our firm's Capital Markets Department, was a guest on the accompanying forum webinar and lectured on the do's and don'ts of administrative enforcement procedures.
Zvi Gabbay Participates in Dun’s 100 Forum for White-Collar and Criminal Law Experts
Zvi, an expert in the white-collar and criminal law field, was asked to participate in the Dun’s 100 forum for senior officials. He presented his thoughts on the legal system’s race to catch up to technology, crimes in the metaverse, and more. Additional information can be found in the Globes write-up.
Representing the NFT GameChain in Its USD 24 Million A Round
We represented the Israeli crypto and NFT startup GameChain (UnCaged Studio) in raising USD 24 million as part of a series A round.
The round was led by Griffin Gaming Partners and was joined by Vgames, Maverick Ventures Israel, MaxStealth, Drive by DraftKings, and 6th Man Ventures.
Zvi Gabbay, Ariella Dreyfuss, Andrey Yanai and Tal Freilich provided representation in the transaction.
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 at Barnea
Our firm hosted Zvi Rabin and members of the Investor Relations Forum to discuss insider trading. Dr. Zvi Gabbay 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 with Tali Guy, Teva's VP of Compliance, we hosted a meeting of legal counsels. Dr. Zvi Gabbay 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
Dr. Zvi Gabbay 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
Globes has published an op-ed by Dr. Zvi Gabbay commenting 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 by Zvi Gabbay – Crypto and the Regulators
Dr. Zvi Gabbay writes in a Globes op-ed about 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
Dr. Zvi Gabbay will lecture today to members of the "Law and Environment" student club at Bar-Ilan University. The lecture will cover the practice of environmental law and include an analysis of precedent-setting judgments on the subject of the environment.
ESG – Risks and Legal Responsibility – A Lecture by Dr. Zvi Gabbay
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, Dr. Zvi Gabbay 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, to be delivered by Dr. Zvi Gabbay, 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
Dr. Zvi Gabbay, the head of our Capital Market and Financial Regulation Department, has an op-ed in Globes on the current Knesset debate over the establishment of a new regulatory authority.
Zvi Gabbay Interviewed by Calcalist as Expert on White-Collar Crime
Zvi Gabbay, the head of our firm's Capital Markets Department, was interviewed by Calcalist along with several other of Israel's leading lawyers in the field of white-collar crime and criminal law.
Zvi addressed the core issues of the field and the impact of COVID-19, and provided his 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. Zvi Gabbay, the head of our firm's Capital Markets Department and a former head of enforcement at the Israel Securities Authority, was interviewed by Globes on the trend. Zvi noted 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, Dr. Zvi Gabbay 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, Dr. Zvi Gabbay, the head of our firm’s Capital Markets Department, will discuss the legal infrastructure required for reaching out to investors.
Environmental Law Club Launch Event
Our firm is proud to serve as the legal partner of the Environmental Law Club of Bar-Ilan University. As part of the launch event taking place on June 15, 2021, Dr. Zvi Gabbay will present our firm.
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.
Zvi Gabbay, head of the firm's Capital Markets Department and a former head of enforcement at the Israel Securities Authorities, was interviewed by the TheMarker for an article on the trend. Zvi explained how companies considering an IPO must behave vis-a-vis the public and the regulatory authorities in order 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.
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. Dr. Zvi Gabbay 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.” Dr. Zvi Gabbay was invited to participate in the lawyers’ panel of experts, which will examine the impact of administrative enforcement tools on violations of the law in Israel.
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 ACC. As part of the webinar, firm partner Dr. Zvi Gabbay lectured on the connection between ethics and obedience. Are they in competition or do they complement one another?
Dr. Zvi Gabbay Lectures on Distribution and Marketing of Hedge Funds
Dr. Zvi Gabbay 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? Dr. Zvi Gabbay's op-ed on the subject was published 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. Check out Dr. Zvi Gabbay's op-ed in Calcalist on the subject.
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. Dr. Zvi Gabbay will discuss 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.
An Opportunity for Regulators
The Israel Securities Authority's current enforcement policy forces officers and companies that have acted in good faith to prove as much in an administrative enforcement proceeding. Check out an opinion article by Dr. Zvi Gabbay and Shir Rozenzweig published in TheMarker about how regulators can adjust this policy.
Doing Business in Israel – Practical Law
This year, we were once again responsible for preparing the QA guide on doing business in Israel for the Practical Law website. The guide provides an overview of recent key developments that have affected doing business in Israel, including the legal system, foreign investment, employment, tax, competition, privacy, IP, etc.
Mobileye Insider Trading Investigation: Our Firm Represented 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 $4.3 million via insider trading on an autonomous driving system technology developer. He will pay the SEC nearly $2.2 million to end a civil enforcement lawsuit, a New York federal district judge announced Friday.
Zvi Gabbay 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."
Zvi Gabbay Hosts Online Seminar for Israel Hedge Funds Association Members
Dr. Zvi Gabbay, together with Lior Segev, the co-founder and CEO of Liquant Asset Management, hosted today an online seminar for members of the Israel Hedge Funds Association on business continuity planning during the coronavirus.
Article: Snapshot of the Israeli Fintech Scene
Simon Jaffa and Dr. Zvi Gabbay take a look at the challenges and opportunities in the Israeli fintech sector in this short article.
Zvi Gabbay Served as Panelist in Meetup of Israeli Blockchain Community
Dr. Zvi Gabbay 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.
Event Invite: New International Standards for Internal Alert Mechanisms
Join us for a seminar on the new international standards for internal alert mechanisms. The EU whistleblower protection directive that came into force in December 2019 and trends in the US signal a new duty—the obligation to formulate an in-house mechanism that allows employees to report improper or unethical conduct. To date, such mechanisms have largely been the responsibility of large companies subject to heavy regulation, but this reality is about to change. To what extent is your organization ready for such a mechanism? Are there any accepted standards for such mechanisms?
Article: Cases against Netanyahu Will Have Precedential Effect on Corporate Governance in Israel
Dr. Zvi Gabbay published an op-ed in TheMarker, discussing 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.
Event Invite: Whistleblower Protection: Israel, Europe, and the US
The entry into force of the EU Whistleblower Protection Directive in December 2019 and recent US legislative trends require local companies operating in the international arena to begin preparing accordingly. During the seminar, we will discuss the need to protect whistleblowers, existing regulation, and what the next steps should be.
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.
Zvi Gabbay Lectures at Directors' Seminar Hosted by Analyst Investment House
Dr. Zvi Gabbay was invited to lecture at a directors' seminar hosted by Analyst Investment House. He addressed administrative enforcement, the Israel Securities Authority's structure, and its enforcement system.
Zvi Gabbay Lectures at Discount Bank's Compliance Conference
Dr. Zvi Gabbay was invited to lecture today at a compliance conference organized by Discount Bank for all its compliance officers, trustees, board members, and management.
Seminar on Multi-Jurisdictional Litigation
Our firm hosted today the Israeli Directors' Union for a seminar on multi-jurisdictional litigation. The seminar examined the considerations when a corporate crisis breaks out and a company's board of directors and management are required to build a multi-jurisdictional litigation package. The seminar was held in collaboration with Dechert LLP. Adv. Hadar Israeli lectured on managing a legal crisis when a conflict of interest exists between management and the board.
Hosting the ACC Compliance Forum's Third Meeting
Our firm hosted today the third meeting of the ACC Compliance Forum, which focuses on compliance during enforcement procedures. At the meeting, Dr. Zvi Gabbay welcomed Yehuda Shaffer, Deputy State Attorney (Financial Crimes).
Dr. Zvi Gabbay and Andrey Yanai Op-ed: Israel Missing out on Digital Assets Revolution
Dr. Zvi Gabbay and Andrey Yanai from our Capital Markets Department published an opinion piece in Globes on the regulatory barriers Israel is imposing on the blockchain and digital assets revolution.
Lee Elbaz Trial Ends with Sentencing
Our firm served along with US attorneys as representation for Lee Elbaz, the CEO of Yukom Communications, in her criminal trial in the United States. Lee was convicted of binary options fraud in August and sentenced last week. Dr. Zvi Gabbay and Adv. Hadar Israeli, who represented Elbaz from her arrest, were interviewed by the media following the sentencing in a Maryland federal court. According to them, "The degree of harshness in US prosecutorial policies and in sentences for economic offenses is infinitely higher than in Israel. "
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. Dr. Zvi Gabbay lectured on current regulation, as well as challenges and opportunities in the field.
Meetup for Real Estate Entrepreneurs on Crowdfunding
Our firm hosted today together with the crowdfunding platform Pipelbiz a meetup for real estate entrepreneurs. Dr. Zvi Gabbay lectured on raising capital for real estate projects through crowdfunding platforms. He also discussed 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
In an article in TheMarker, Dr. Zvi Gabbay discusses the market's need to share in enforcement efforts in order to 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.
Administrative Enforcement Committee Approves Agreement between ISA and Kitov Pharma Ltd.
The Administrative Enforcement Committee of the Israel Securities Authority (ISA) approved an administrative enforcement agreement between the ISA, Kitov Pharma Ltd., and a few of its officers. According to the agreement, which concludes the criminal investigation by the ISA, the company and its officers will pay a monetary sanction. Our firm represented the company and its CEO in the process.
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.)
Zvi Gabbay Opinion Article Featured in Law360
Zvi Gabbay published an opinion article in Law360. It 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 today an event in cooperation with the Israeli Investor Relations Forum on investor relations and corporate responsibility. Dr. Zvi Gabbay lectured on how corporate responsibility is perceived by regulators.
Lecture on Crowdfunding Regulation in Israel and in the World
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 Dr. Zvi Gabbay and Alon Anava lectured about crowdfunding regulation in Israel and abroad, as well as about challenges and opportunities in this field.
The Annual Conference of the Association of Corporate Counsel in Israel
Dr. Zvi Gabbay 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
Dr. Zvi Gabbay 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
Dr. Zvi Gabbay 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.
Event: The Role of Boards of Directors in Maintaining Honesty
Our firm hosted today the Israel's Directors Union for a seminar on the prevention of bribery and corruption. Dr. Zvi Gabbay lectured on the duties of boards of directors in Israel, and Adv. Hadar Israeli presented the American perspective.
Event Invite: Inside Information in Public Companies
We are holding a seminar on inside information following several recent Israel Securities Authority investigations of senior officials in public companies. The seminar will feature discussions on the use of inside information, how to carry out internal enforcement, and the legal implications of an open investigation of an officer and his company. The event is geared to CEOs, VPs, and CFOs of public companies.
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
Dr. Zvi Gabbay 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
Dr. Zvi Gabbay 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
Dr. Zvi Gabbay 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 today the Israeli Directors' Union for a seminar on corporate finance. Dr. Zvi Gabbay and Hagit Ross from our Capital Markets Department discussed capital raising in the US and Israel.
Event Invite: The Legal Advisor's Role When Dealing with a Company in Crisis
Together with the Association of Corporate Counsels, we are holding on February 6th a seminar on the legal advisor's role when a company is in crisis. The seminar will feature a simulation of a multi-crisis event, with participants focusing on managing the crisis opposite regulators, media, business partners, and employees.
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.
Doing Business in Israel – Practical Law
Barnea's Q&A guide to doing business in Israel was published on the Practical Law website. The guide provides an overview of recent key developments that have affected doing business in Israel, including the legal system, foreign investment, regulation, employment, taxation, and IP.
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
Dr. Zvi Gabbay published an op-ed in Globes, suggesting the Singaporean model of a blockchain integrated platform as a solution that does not require legislative changes. He 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.
Charges against Our Client in Utrade Case Dropped
Dr. Zvi Gabbay, Adv. Moran Bickel, and Adv. Sapir Malul represented Rafi Bar-Lev in a hearing before the Tel Aviv District Attorney's Office. The DA's Office was considering filing an indictment against Bar-Lev for fraudulent receipt, but instead chose to close the case against him.
Chambers & Partners Anti-Corruption Guide 2019
Dr. Zvi Gabbay and Hadar Israeli of the firm's Capital Markets Department contributed to the Chambers and Partners anti-corruption guide, which provides expert legal commentary on key issues for businesses.
A Workshop: Legal Primer for US Hedge Fund Investing
Barnea and Friedman Kaplan hosted today a workshop for participants from the Israel Hedge Funds Association. Dr. Zvi Gabbay 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
Dr. Zvi Gabbay, Head of the Capital Market Department, who is representing one of the executives, responded to Calcalist's questions.
Managing Anti-Bribery and Corruption Issues: US, EU & Israeli Perspectives
Barnea and BCLP hosted a seminar today on cross-border anti-corruption investigations. Dr. Zvi Gabbay and Hadar Israeli, partners from our Capital Markets Department, presented the issue from the Israeli perspective.
Between Dankner and Musk: A Lesson on Enforcement
Dr. Zvi Gabbay published an article 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
Dr. Zvi Gabbay has published an article in Globes about the changing financial regulation in the US around crypto coins.
Bitcoin Makes Up 1% of World Electricity Consumption
Dr. Zvi Gabbay was interviewed by TheMarker on Bitcoin's energy consumption. Zvi believes this is a meeting point between the real economy and the new economy that Bitcoin represents.
Supreme Court Increases Nochi Dankner's Sentence
Adv. Zvi Gabbay was 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.
Workshop on Managing Israeli Subsidiaries of Multinational Corporations
Barnea hosted today, together with the Ministry of Economy, a workshop on the corporate and labor laws relevant to officers of Israeli subsidiaries of multinational companies.
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.
Dr. Zvi Gabbay Lectures at IHFA's Sixth Annual Tel Aviv Conference
Dr. Zvi Gabbay lectured today 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. Zvi discussed how fund managers can benefit from their relationship with the exchange.
Israel Chapter in 2018 Anti-Money Laundering Legal Guide
Dr. Zvi Gabbay and Adv. David Gilinsky of the firm's Capital Markets Department contributed to the Israel chapter of the 2018 edition of The International Comparative Legal Guide to Anti-Money Laundering. The chapter discusses issues of enforcement and regulation to prevent money laundering in Israel.
Israel Proposes Personal Stock Investment Accounts with Tax Perks
Dr. Zvi Gabbay was 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.
Dr. Zvi Gabbay Attends iFX Expo International Conference
Dr. Zvi Gabbay is attending today the iFX Expo International Conference. Zvi will participate in the panel on regulation, discussing MIFID II, ESMA restrictions, and the blockchain and cryptocurrency revolution.
Barnea & ACC Seminar: The Future of Compliance
We are hosting today, together with the Association of Corporate Counsel, a seminar on compliance and internal investigations. Dr. Zvi Gabbay will discuss new regulatory challenges, while managing directors from Duff & Phelps will discuss 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
Dr. Zvi Gabbay lectured today on economic enforcement at the IZUN - Jewish and Arab Influential Directors program, part of the NPO Jasmine. Jasmine promotes businesses owned by Jewish and Arab women.
Check-Cap Ltd. Completes Public Offering on NASDAQ
Barnea represented the US underwriter H.C. Wainwright Co., LLC in the public offering transaction issued by Check-Cap Ltd. via a prospectus on NASDAQ. Check-Cap Ltd. raised $20.2 million in gross proceeds, including in the exercise of an overallotment option, in shares and warrants. Check-Cap Ltd., an Israeli clinical-stage medical diagnostics company, is developing C-Scan®, a capsule-based system for preparation-free colorectal cancer screening.
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.
Dr. Zvi Gabbay Interviewed on ADR's petition to the District Court for Economic Affairs
Dr. Zvi Gabbay, Head of the Capital Market Department, was interviewed by TheMarker following a petition submitted by ADR through our firm to the District Court for Economic Affairs in respect of the Israel Securities Authority's decision requiring the company to publish a prospectus. ADR offers the public a unique investment channel - insurance policies of older American citizens.
Cross-Border Enforcement: How US Enforcement Agencies Reach Israeli Institutions
Barnea and Nixon Peabody LLP are hosting today 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
As an expert in the fintech industry, Dr. Zvi Gabbay, Head of our Capital Markets Department, was interviewed by TheMarker on the various regulatory barriers thwarting fintech's growth in Israel.
2018: A Turning Point in the Virtual Currencies Market
Dr. Zvi Gabbay, Head of our Capital Markets Department, published 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.
Zvi Gabbay Interviewed by Ynet News on Bezeq Investigation
Dr. Zvi Gabbay, Head of the Capital Markets Department, was interviewed by Ynet News about the recent developments in the investigation against Bezeq.
Israel Hopes Lower Taxes, Less Regulation Will Spur Trading Boom
Dr. Zvi Gabbay, Head of our Capital Markets Department, and Adv. Harel Perlmutter, Head of our Tax Department, were interviewed by Bloomberg BNA regarding the Tel Aviv Stock Exchange's intention to reduce red tape and ease regulations in order to further continue the growth in the number of new companies being traded on TASE.
Zvi Gabbay Featured in Israeli Blockchain Association Legal Survey
Dr. Zvi Gabbay, the head of our Capital Markets Department, was featured in a legal survey conducted by the Israeli Blockchain Association on current trends in blockchain in Israel.
Barnea & ACC Seminar – Blockchain, Bitcoin, and ICOs
We are hosting today together with the Association of Corporate Counsel a seminar on blockchain and digital currencies. Dr. Zvi Gabbay will discuss new regulatory challenges, while Micky Barnea will address blockchain and smart contracts. Tal Cohen, Compass Blockchain Solutions's CEO, will give a special introductory lecture on bitcoin and digital currencies.
Everything You Need to Know about ICOs
Barnea is hosting an ICOs and digital currencies event today. Dr. Zvi Gabbay will lecture on regulation opportunities and challenges, while Harel Perlmutter will discuss the taxation of cryptographic coins and the Tax Authority's position.
Article: Is Israeli Regulators’ Approach toward ICOs Ill-Advised?
Dr. Zvi Gabbay, Head of our Capital Markets Department, has published an article in Financial Magnates. It 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
Dr. Zvi Gabbay, head of our firm's Capital Markets Department, gave several media interviews (in Heb) 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. Zvi noted 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
Dr. Zvi Gabbay, Head of the Capital Markets Department, is taking part today in a conference hosted by the Institute of Internal Auditors. He will discuss how internal investigations function as an essential tool in corporate governance.
Seminar with the Israel Hedge Fund Association
Barnea is hosting today a seminar with the Israel Hedge Fund Association. Dr. Zvi Gabbay , Head of the Capital Markets Department, will discuss the regulatory challenges when establishing and managing a hedge fund. Also as part of the seminar, a partner from the Harneys law firm, with whom we work on a regular basis, will speak on establishing offshore hedge funds in the Cayman Islands and the British Virgin Islands.
Seminar with the Tel Aviv Stock Exchange and the Israel Builders Association
Barnea is hosting today with the Tel Aviv Stock Exchange and the Israel Builders Association a seminar for real estate and infrastructure companies exploring a potential IPO. Dr. Zvi Gabbay, Head of the Capital Markets Department, will discuss IPO from the eyes of a regulator.
Zvi Gabbay Interviewed on London et Kirshenbaum about Investigation against Bezeq
Dr. Zvi Gabbay, Head of the Capital Markets Department, was interviewed on the TV program London et Kirshenbaum about the investigation against Bezeq. He noted that the Israel Securities Authority invested considerable efforts in completing the investigation quickly because of the case's wide public implications. (Starting from min' 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.
Israel Securities Authority Defeated in Proceeding against Portfolio Manager
The Administrative Enforcement Committee rejected an administrative claim filed by the Israel Securities Authority against portfolio manager Ran Amitai for using inside information on a deal with the biotechnology company Compugen. Ran Amitai and Cramim Capital Markets were represented by Dr. Zvi Gabbay and Adv. Sapir Malul.
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.
Dr. Zvi Gabbay speaking at the EY Anti-Fraud Forum
Dr. Zvi Gabbay, Head of Barnea's Capital Markets Department, will participate today in the EY Anti-Fraud Forum. Zvi will discuss how workers can take an active role in self-regulation and compliance.
Dr. Zvi Gabbay Discusses Regulation of Digital Coins in New Op-ed
Dr. Zvi Gabbay, Head of the Capital Markets Department, had an op-ed published in The Marker on the regulation of digital currencies. He asserts 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.
Dr. Zvi Gabbay talks SEC allegations against Mobileye founders with TheMarker
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 inside information to acquire shares and options at Mobileye. The lawsuit alleges, among other things, that Mobileye's founders supplied information about the huge deal being forged between it and Intel. Dr. Zvi Gabbay, head of the Capital Markets Department at our firm was interviewed by TheMarker on the subject. He explained 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.
Adoption of Business Judgment Rule - A new article by Dr. Zvi Gabbay
Adv. Zvi Gabbay's article deals with the ruling handed down by the Israeli Supreme Court at the end of December 2016, in the Bezeq case, in which the Supreme Court adopted the protection granted to decisions of the board of directors by applying the business judgment rule. The article seeks to examine whether this ruling achieved one of its main objectives—legal certainty.
Board of Directors 2017 - Challenges and Risks
Barnea, in cooperation with the Israel Director Union, is hosting a seminar on the challenges and risks in the functions of a Board of Directors. Micky Barnea, our Managing Partner, will discuss the risks in the functions of the board of directors. Dr. Zvi Gabbay, Partner and Head of the Capital Markets Department, will deal with corporate governance and enforcement programs.
Financial Radio Program at the Public Broadcasting Corporation
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 was interviewed by the Radio Program "Where is the Money"
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 was interviewed by Channel 2 News
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.
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.
Barnea & Co., together with the ACC, are Hosting an Event on Privacy
Barnea, together with the Association of Corporate Counsel (ACC), is hosting today an event on privacy. This is the first event in Israel discussing the implications of privacy on organizations. During the event, we will cover such topics as the new EU regulations on the protection of privacy and information and the right to financial privacy in Israel. In addition, we will discuss the recently published regulation on organizations’ database security.
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
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.
The SEC Charges Two Israeli Residents with Insider Trading – Opinion Article
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.
The Hong Kong Stock Exchange has formally approved Israel as an ‘Acceptable Jurisdiction’.
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.
Medigus Ltd. Completed a Nasdaq IPO
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.
Bar Association Training Course for Directors
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.
Israel Securities Authority (ISA) New Proposed Bill to Prohibit the Management and Operation of Binary Options Trading Platforms out of Israel
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.
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.
Dr. Zvi Gabbay in an Interview for Globes following the Exposure of Cases of Bribery by Israeli Businessmen
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.
Dr. Zvi Gabbay Participated in a Panel Discussion on the Subject of Administrative Enforcement in Haaret'z "Echad Haa'm"
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)
US Federal Trade Commission (FTC) Decides to Investigate Allergan’s Generics Business (Actavis Generics).
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.
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.
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.
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, 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.
Regulation of Crowdfunding in the UK, US and Israel: a Comparative Review
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.
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.
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
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.
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.
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.
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.
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.
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.
Legal Acrobatics "In Praise of the Probability Test" - Comments and Criticism
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.
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.
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.
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.
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.
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.