Client updates / Attorney-Client Privilege

Attorney-Client Privilege Does Not Apply to Directors of Insolvent Companies

4 May 2023 / Idan Miller, Liron Dahan

The Israeli Supreme Court has ruled that legal advice given to directors who are members of an audit committee or an independent committee is not protected by attorney-client privilege and that the company (and the trustee who is subrogating for the company) own the legal advice. Consequently, a trustee appointed after a company collapses may receive documents and correspondence exchanged between directors and the company’s attorneys.

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Categories: Insolvency and Debt Arrangements | Litigation

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Client updates / Attorney-Client Privilege