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Insights & News / Eran Elharar
Barnea: Appointment of Four New Partners
We are pleased to announce the appointment of four new partners – Inbar Gorelick from the Corporate Department, Zohar Haim Levinger from the Litigation Department, Hani Shraier from the Kibbutz Sector Department, and Eran Elharar from the Capital Markets Department.
Israel Securities Authority: Oversight of Unsupervised Entities
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.
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).
Criminal Law and the Adoption of the “Aggregation Theory”
Israeli courts have adopted the “aggregation theory” when approaching the task of convicting defendants. It now seems this theory might also be applied to the “abuse of process” defense.
Representing Amir Birman before Supreme Court
Advs. Hadar Israeli, Eran Elharar, and Shir Rozenzweig represented Amir Birman, one of the directors of Keren Or, in a sentencing appeal. The Supreme Court significantly reduced his sentence and granted him permission to appeal to Israel’s President for a pardon.
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.
2021: Trends in Regulatory Compliance and Risk Management
2020 was a particularly challenging year due to the coronavirus pandemic. For corporate risk managers and compliance officers, the year posed additional challenges. Organizations had to contend with an alarming rise in cyberattacks, supply chain constraints, employee health and safety, corporate governance and compliance, and diverse risks relating to or deriving from various content worlds. Nevertheless, if 2020 has taught us anything, it is that risks to a corporation, regardless of their source, are intertwined.
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.
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.
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.