Insights & News /  Regulation

Barnea is hosting today another round of lectures for startups and entrepreneurs on the subject of data protection and privacy. Also to be discussed is the obligation of accessibility on the Internet. In addition, the seminar will feature a guest lecture from the Israeli Digital Organization.

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.

Micky Barnea, the firm's managing partner,published an article on the regulatory challenges facing Fintech companies, in TheMarker's FinTech Magazine. Micky notes that entry barriers to this field are not only the development stage, but also the strength of the regulatory solution. Therefore, acquired knowledge can become a real intellectual property and carry enormous potential.

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.

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, 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.

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.

Adv. Daniel Israeli was interviewed by TheMarker after the Monetary Authority of Singapore (MAS) announced it would begin regulating the issuance of virtual currencies (ICO). Daniel noted that Singapore has developed into a destination of sorts for ICOs, and thus the MAS' decision will certainly change the rules of the game.

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.

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)

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.

Adv. Karin Kashi from Barnea, in an article for "People and Computers" about the changes that startups need to make in relation to their privacy aspects and the expected impact on merger and acquisition deals.

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.

In an interview with TheMarker, Our Head of the Internet Department at Barnea and Co.,  discussed the fact that regulation of online gambling companies is becoming increasingly more onerous.

In response to the emerging trend of tightening regulation on online gambling companies, we were asked to participate in an interview with TheMarker. We commented that regulation in this area comes in two forms. One is market regulation and the imposition of licensing fees, gambling taxes, and corporate tax. The second is banning online activity, imposing fines, and filing indictments.

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.

Barnea represented Viola Private Equity in an investment of USD 50 million in Similar Web, a leading digital market intelligence platform that provides insights for websites and applications.

On 17/01 Barnea together with the ACC, will host an event on Privacy and Data Protection Law affecting employees in the workplace.We will lecture on the Israeli Privacy Aspects.

Adv. Asaf Shalev will serve as a mentor and participate at the Herzliya sustainable urban mobility Hackathon, which takes place on October 27th , in cooperation with the European Union.

The Treatment of Electrical and Electronic Equipment and Batteries Law came into effect recently. Asaf Shalev,head of Environmental Law at Barnea Co explains the Law and its ramifications for suppliers, distributors and marketers.