Latest Updates /  Capital Markets

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.

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. 

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.

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.

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.

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.

Barnea represented Israel Growth Partners (IGP)  in an agreement to buy 300,000 Jacada shares, 7% of the company's share capital, from Robert (Bob) Ashton's investment firm Kinetic Catalyst Partners.

Barnea represented Rafi Bar-Lev, former Salesman at the Israeli investment company Utrade of Aviv Talmor, whose operation was frozen by the Israel Securities Authority, at a hearing in the Tel Aviv Magistrate's Court.

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.

Adv. Micky Barnea, Managing Partner at Barnea, was interviewed by Globes Dun's 100 on the emerging trend in the United States and England to adopt stricter corporate governance rules pertaining to director remuneration.

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.

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.

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.

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.

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.