Does the business judgment rule apply to managers of a company in insolvency?
In the first half of 2023, the Supreme Court ruled that the protection of the business judgment rule is available to company officers even in close proximity to the insolvency zone.
Advocates Ofer Yankovich and Gil Cheretzky, partners in our Corporate and Capital Markets Department, wrote a fascinating op-ed for TheMarker Online on the question – what is the significance of this determination in light of the increased liability set forth in section 288 of the new Insolvency Law for deepening insolvency?