Tag: Michael Judin

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.

Trust is the foundation of every relationship, whether in business, sport, friendship, or marriage. Once broken, can it ever truly be restored? Or must we create something entirely new?

In the seventeenth and eighteenth centuries, one of the most revolutionary ideas in human history emerged - the corporation. Today, the concept seems entirely ordinary. Companies own assets, enter into contracts, raise capital, employ people, and continue operating long after their founders have passed away.

For decades, businesses assumed that information in the public domain was harmless. Artificial Intelligence (AI) has ended that assumption. By aggregating thousands of public data points, AI can reconstruct strategy, pricing and expansion plans. Under the King V Report on Corporate Governance for South Africa, protecting confidential value in this environment has become a board-level governance responsibility.

In South African corporate law, shareholders enjoy extensive rights - but face remarkably few obligations when exercising them. Directors, in contrast, are tightly bound by fiduciary and statutory duties, accountable for every decision they make on behalf of the company. This imbalance raises a critical question: Should shareholders also bear some responsibility - especially when their actions directly shape the strategic direction of a company?