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August 12, 2021

Indictments Filed in US for Fraudulent Receipt of Federal Financial Assistance from CARES Act

With the outbreak of the COVID-19 pandemic, the United States government enacted the Coronavirus Aid, Relief and Economic Security (CARES) Act. The volume of assistance, totalling USD 2.8 trillion, provided financial aid to individuals and organizations facing economic hardship and access to loans with convenient terms for the purpose of paying salaries and other specific expenses under a program called the Paycheck Protection Program (PPP). Many Israeli companies operating in the United States also submitted applications for grants and loans under the PPP.

The initiative, while commendable, also opened the door for those seeking to exploit the government assistance to commit fraud and deceit.

November 17, 2020

Israel Securities Authority – What Constitutes Securities Fraud?

The Israel Securities Authority recently published a staff position on situations it believes indicate fraudulent securities trading and which justify opening a criminal investigation.

September 8, 2020

The Ultimate Guide to eDiscovery

This has opened the door to an era of massive discovery of thousands different kinds of documents of between the parties (Word documents, PDFs, Excel spreadsheets, emails, photos, and audio files), which was uncommon in the days of paper and binders.

September 3, 2020

Israel Securities Authority Publishes Sentencings Guidelines for Administrative Procedures

For the first time, the Israel Securities Authority has published Sentencing Guidelines for Administrative Procedures which contain the considerations guiding its determination of sanctions for individual violators and corporations in an administrative procedure.

June 14, 2020

Israel and the US: Encouraging Corporations to Investigate Potential Misconduct on Their Own

Columbia Law School's Blue Sky blog published an article co-written by Hadar Israeli and Eran Elharar of Barnea and Joseph Facciponti and James Goldfarb of the New York law firm Murphy McGonigle. The article provides a comparative view of Israel and the US on corporate internal investigations.
Categories: Capital Markets | Enforcement

March 30, 2020

The Offense of Bribery

What is the definition of bribery in Israeli law and what are the maximum penalties for it?

March 23, 2020

Taking Testimony in Israel for Criminal Trials in the United States

Recently, United States federal courts have been more frequently approving the extra-territorial collection of testimony for use in criminal trials to be held in the United States. While the collection of such testimony for civil proceedings held in US courts is already commonplace, until now it has been a very rare occurrence in criminal proceedings.

February 10, 2020

Hadar Israeli Lectures on Bribery in Israel and Legislative Initiatives

Adv. Hadar Israeli participated today at a meetup organized by the Israel Smart Cities Institute together with the Ethics Committee of the Kenyan Parliament as part of its visit to Israel. Hadar lectured on bribery in Israel and legislative initiatives on the subject.
Categories: Enforcement

January 22, 2020

United States: Enhanced Enforcement Policy regarding Anti-Corruption and Bribery Law on Non-US Citizens and Companies

Hoskins, a British national and former executive of Alstom SA, a French company was convicted by an American federal court of violating the Anti-Corruption and Bribery Law. This is an important red flag for any person or company conducting activity in the United States. 

January 14, 2020

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.
Categories: Enforcement | Litigation

December 22, 2019

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. "
Categories: Capital Markets | Enforcement

November 14, 2019

Tel Aviv Court Allows Yehuda Levy to Join Legal Proceedings against Eshkolot

The Tel Aviv Economic Court allowed the actor Yehuda Levy to join Shaham, the largest actors' organization in Israel, and a group of fellow artists in their legal dispute with the management of Eshkolot. Advs. Zohar Lande, Hadar Israeli, Eyal Nachshon, and Michael Dubin are representing Shaham and the artists.
Categories: Litigation

November 6, 2019

Compliance and Ethics in Corporations

The clear advantages of inculcating an enforcement and compliance culture are expressed not only in routine times, but also in times of crisis, and they can “tip the balance” and make all the difference.

October 7, 2019

Lecture by Hadar Israeli on Administrative Enforcement in Israel

Adv. Hadar Israeli, a partner in our Capital Markets Department, lectured on administrative enforcement in Israel during a seminar organized by EY on fraud and scam risk management. During the lecture, Hadar presented how an organization should handle a crisis when an investigation has already begun and also discussed the importance of having organized enforcement programs.
Categories: Capital Markets | Enforcement

September 10, 2019

Actor Yehuda Levy Joins Legal Proceedings against Eshkolot

Actor Yehuda Levy has joined Shaham, the largest actors' organization in Israel, and a group of fellow artists in their legal dispute with the management of Eshkolot. Advs. Zohar Lande, Hadar Israeli, and Eyal Nachshon are representing Shaham and the artists.
Categories: Litigation

August 18, 2019

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.
Categories: Capital Markets | Enforcement

July 31, 2019

Representing the Israeli Actors' Association in a Royalties Litigation Process against Eshkolot

Our firm is representing Shaham, the largest actors' organization in Israel, as well as a group of artists, in a legal dispute with the management of Eshkolot, a company that handles collection, management, and distribution of royalties to all artists in Israel.In this context, Advs. Zohar Lande, Hadar Israeli, Eyal Nachshon, and Michael Dubin submitted a request to the Economic Department of the Tel Aviv District Court to receive documents before filing a derivative claim over irregularities and defects. The request asks Eshkolot to present information on the manner in which royalties are collected from the various broadcasting organizations.
Categories: Corporate Litigation | Litigation

April 3, 2019

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.
Categories: Capital Markets Regulation | Corporate | Enforcement

March 27, 2019

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.

January 22, 2019

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.

December 23, 2018

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.
Categories: Capital Markets

October 29, 2018

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.
Categories: Capital Markets | Compliance

October 9, 2018

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.
Categories: Capital Markets | Compliance
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