Tag: CommercialLaw
Restraints of trade – when key people leave
When a senior advisor or executive walks out the door, especially to join a competitor, your restraint of trade clause is often the only thing standing between you and serious commercial damage. Here is what recent South African case law tells us about what works, what does not and what you need to do now.
NDA residuals clauses – can memory undermine confidentiality?
A Non-Disclosure Agreement (NDA) creates a protected space in which parties can exchange commercially sensitive information. Yet a few apparently innocuous words dealing with information retained in “unaided memory” may materially reduce that protection. In extreme cases, they may undermine the commercial purpose of the NDA itself.
Resolving business disputes – smarter alternatives to litigation
There is a moment in most disputes when emotion overtakes economics. Pride digs in. Letters become sharper. Threats of court proceedings follow. Yet, by the time a matter reaches trial, the real question often lingers in the background: was the game worth the candle?
Dormant litigation dismissal – when does delay become prejudicial?
In a recent Johannesburg High Court judgment, the plaintiff, Karanie, instituted an action against the life insurer, the defendant, in December 2012. The claim sought payment of benefits allegedly due under a life insurance policy. The defendant defended the action and filed a counterclaim to recover payments already made under the policy.
