Legal

Employers and managers have the prerogative to set workplace rules and standards, including performance standards. Oftentimes, managers come across as being harsh, bullish, dismissive, or overly critical when attempting to enforce certain workplace standards.

Divorce, while undoubtedly difficult, is a common experience that many of us go through. Amid the emotional turmoil and the seemingly endless checklist of tasks, there is one crucial undertaking that often gets overlooked: and that is updating your will. This oversight can lead to unexpected consequences, especially when it comes to inheritance rights.

In the same way that prenuptial agreements are considered a necessity for many marriages, business partnerships require meticulous planning to safeguard against the consequences of potential disputes and ensure a smooth separation if the need arises. By incorporating comprehensive shareholder agreements or Memorandums of Incorporation (MOIs), businesses can protect their interests and foster fair and equitable outcomes during unforeseen conflicts.

The responsibility for the management of an intellectual property (IP) portfolio for any business is a daunting task. For that reason, many entities create a dedicated position within their broader legal team to oversee and safeguard their IP. Having been thrown into this role myself in my career, I have compiled a list of a few tips and tricks which may stand you in good stead on your first day on the job as in-house counsel, tasked with protecting your company’s IP.

Open source software has transformed the way we develop and use technology, facilitating a collaborative approach that allows developers to access, modify and distribute code, often without any obligation to pay licence fees to an upstream licensor.

The Department of Trade, Industry and Competition published draft vertical restraint regulations for comment along with a memorandum to provide context in respect of the draft regulations. These regulations relate to the prohibition on restrictive vertical practices as set out in section 5 of the Competition Act, 89 of 1998 and attempt to provide a framework on how the Competition Commission should approach practices which are potentially prohibited in terms of section 5 of the Act.

The recent gazetting of the Legal Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes of Good Practice (LSC) occurred on September 20, 2024. This is a significant milestone for the transformation of the legal profession in South Africa. It marks a pivotal moment, aligning with the nation’s constitutional commitment to equitable economic participation.

The Supreme Court of Appeal has backed Commissioner Kieswetter and issued a stern warning to all South Africans to refrain from assisting others in evading their tax obligations. Where you are caught, South African Revenue Service (SARS) will go after your personally. This is now settled law in South Africa and directors or companies, tax advisors, lawyers, accountants, or even payroll professionals can find themselves on the hook.

It is vital for employees to understand how to conduct themselves during dawn raids or interactions with regulators. Failure to do so may result in significant consequences for the employer. The European Commission recently fined a European company after a senior employee deleted private WhatsApp messages during a dawn raid pertaining to a competition law violation.

When a liability insurance policyholder is being sued, they refer that legal case to their insurer. If a claim in question falls within the four corners of a policy, the insurer handles the claim on behalf of the policyholder. If the matter goes to court, the court papers cite the policyholder (not the insurer) as the litigant.