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Latest Updates / Enforcement
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.
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.
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.
July 13, 2021
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.
March 21, 2021
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.
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.
August 19, 2020
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.
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.
April 19, 2020
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."
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.
February 3, 2020
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.
January 23, 2020
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.
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.
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. "
November 14, 2019
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.
November 7, 2019
Israel State Attorney’s Policy on Indicting and Sanctioning Corporations
In October 2019, the Israel State Attorney published a new guideline on its office’s policy when considering the prosecution of a corporation, as well as on how it should determine its position on the manner of punishing corporations.
November 4, 2019
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.
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.
September 25, 2019
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.
September 5, 2019
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.