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Latest Updates / Enforcement

March 3, 2024

Israel Securities Authority: Oversight of Unsupervised Entities

In a paradoxical twist, the Israel Securities Authority also monitors unsupervised entities, to prevent them from exceeding their operational parameters without a license. Consequently, the ISA possesses the power to request documents and information from these entities, emphasizing the importance of responding honestly and comprehensively to such demands.

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November 16, 2023

SEC Signals Intent to Regulate NFTs

The SEC is taking a regulation by enforcement stance toward NFTs and is creating legal uncertainty in the field. Will the Israel Securities Authority follow suit?

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May 29, 2023

SEC vs. Philips: Expansion of Foreign Corrupt Practices Act

The SEC is expanding the application of US Foreign Corrupt Practices Act provisions. It is commencing law enforcement proceedings against non-American companies operating outside the United States and against actions that merely raise concerns of acts of corruption. Companies with international operations must familiarize themselves with the FCPA’s provisions and prepare accordingly.

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May 21, 2023

Cooperating May Credit Corporations with Leniency in Enforcement

Law enforcement authorities in the United States are adopting a policy of lenient law enforcement measures against corporations that cooperate during investigations, document their activities, and implement compliance programs. This policy also applies to Israeli companies operating in the United States.

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May 2, 2023

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.

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April 2, 2023

Global Trends in Law Enforcement against Corruption Crimes

Corruption crimes and other economic offenses are being tackled more stringently in the global arena, but it appears the Israeli government’s wave of legislation could catapult it outside the global trend, and thus subject Israeli entities and individuals to international enforcement.

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February 1, 2023

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.

January 15, 2023

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.

Episode 30 – How to prevent an enforcement procedure and how to manage it correctly– Dr. Zvi Gabbay

January 3, 2023

2022: Developments in Financial Service Providers Regulations

This article summarizes the regulatory developments imposed on financial service providers, including of non-bank credit and financial asset services, and the key measures companies engaging in this sector should take in preparation for 2023.

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December 20, 2022

Israel Securities Authority Seeks Permission to Expand Authority beyond Securities Offenses

The Israel Securities Authority is seeking to expand its power. If its draft bill is accepted, this will have far-reaching consequences, as the ISA will have the power to investigate offenses related to fraud, bribery, money laundering, and cryptocurrencies (which the ISA considers to be securities).

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December 19, 2022

Can DeFi Use Exempt a Project from Compliance?

Activity in the form of financial decentralization (Decentralized Finance - DeFi) does not exempt from requirements in the field of prevention of money laundering prohibition or compliance with sanctions. It turns out that DeFi is subject to the same "laws of gravity" as projects in the traditional financial industry.

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November 16, 2022

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.

August 7, 2022

Public Corporations and Public Announcements – between the Rock of Israeli Competition Law and the Hard Place of Securities Law

While the Israeli Securities Law obligates public companies to report their activities fully and transparently, the Israeli Competition Authority may prosecute them precisely for doing so.

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June 23, 2022

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.

June 22, 2022

First US Indictment for NFT Insider Trading Offenses

The indictment (US v. Chastain) marks the first time federal prosecutors have brought charges alleging insider trading with digital assets.

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June 8, 2022

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?

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June 1, 2022

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.

February 23, 2022

Dual-Listed Companies – a Fly in the Ointment

When dual-listed companies have no real link to Israel, the ISA needs to check its considerations, and investors even more so.

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February 20, 2022

Between an Offering Prospectus and a Shelf Prospectus

The prospectus has four key objectives: to give investors information so that they make rational investment decisions; to deter the company and its executives from inappropriate behavior; to encourage public trust in the capital market; and to increase efficiency in the securities market.

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July 26, 2021

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.

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