Client updates /  Directors

An Israeli District Court imposed personal liability, jointly and severally, on the directors of a company for trademark infringement, without lifting the corporate veil. Whenever a tort is committed, including intellectual property infringement, any officer or director who personally committed the tort may be ordered to pay out of his or her own pocket, even without lifting the corporate veil.

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.

The Israel Securities Authority announced a new relief for public companies regarding directors’ and officers’ liability insurance. This relief will enable companies to include in remuneration policies only the scope of the insurance coverage, without the other parameters required to date.